News Updates
Eligibility Of Researcher For Any Post Determined By Acceptance Of Research Paper For Publication Rather Than Actual Publication: Bombay High Court
The Bombay High Court recently held that only the acceptance of a research paper for publication in a journal is relevant rather than actual publication to determine the author’s eligibility for any post or qualification.The division bench of Justice Sunil B. Shukre and Justice Vrushali V. Joshi observed that the worthiness of the paper for publication determines eligibility.“In our view,...
No Jurisdictional Error By Arbitrator In Allowing Consolidated SoC Containing Specific Claims Under Different Contracts: Bombay High Court
The Bombay High Court has ruled that the arbitrator cannot be said to have committed a jurisdictional error by allowing a consolidated Statement of Claims (SoC), without the consent of the opposite party/ award debtor, in view of the fact that specific claims pertaining to each of the nine contracts were placed distinctly in the Statement of Claims and the award debtor also chose to file...
CESTAT Allows Cenvat Credit To Delhi Metro Rail Corporation On Consulting Engineer’s Services
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has granted Delhi Metro Rail Corporation a cenvat credit for consulting engineer services.The bench of Anil Choudhary (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the input credit on a consulting engineer’s service was 100% allowable under Rule 6(5) read with Rule 2(l) of the...
[S.123 Railways Act] Death After Assault By Railway Police For Protesting Wife's Molestation In Train Is 'Untoward Incident': Jharkhand High Court
The Jharkhand High Court on Thursday ordered Rs. 4 lakh compensation under Railways Act in favour of a widow, who lost her husband in an assault by the Railway Police personnel during train journey after he protested her molestation by the said personnel.While setting aside the judgment of the Railway Claims Tribunal which dismissed the claim of the petitioner, the single judge bench of...
KIIFB Was Given No-Objection Letter Under FEMA To Issue Masala Bonds : RBI Informs Kerala High Court
The Reserve Bank of India has informed the Kerala High Court that it had issued "no objection" to the Kerala Infrastructure Investment Fund Board (KIIFB) under the Foreign Exchange Management Act (FEMA) for raising funds by issuing rupee-denominated bonds (masala bonds) abroad.The RBI stated this in an affidavit filed in response to a petition filed by KIIFB challenging the summonses issued...
S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court
The Punjab and Haryana High Court has upheld the constitutional validity of Sections 124(2) and 130(2) of the Finance Act, 2019, which deal with the ‘Vivad se Vishwas Scheme’ (VSV Scheme), dismissing the contention that the said provisions were violative of Article 14 of the Constitution of India since they deny refund to the assessee/ declarant even if the amount already deposited by...
New ITR Forms For AY 2023-24: Know The Key Changes
On February 10, 2023, the Central Board of Direct Taxes (CBDT) announced the tax return forms for the financial year 2022–2023.This year, ITR forms were announced in advance, which is a very positive step toward making compliance easier. The disclosure and reporting requirements on tax return forms will be better understood by taxpayers.Here are the key changes:Separate section for...
Reserved Category Candidate Who Scores More Than Last Unreserved Category Candidate Entitled To General Seat: Gauhati High Court
The Gauhati High Court has reiterated that if a reserved category candidate secures more marks in order of merit than the last selected general category candidate, his candidature is to be considered as a general category candidate for the merit purpose.While allowing the writ petition, the single bench of Justice Achintya Malla Bujor Barua held:“as the petitioner had secured more marks...
Classification Of Polypropylene Bags Can’t Be Changed Just To Avail Lower Tariff-Rate: Calcutta High Court Upholds AAAR’s Ruling
The Calcutta High Court, while upholding the ruling of the Orissa Appellate Authority, held that the classification of polypropylene bags cannot be changed just to avail a lower tariff rate.The single Justice Md. Nizamuddin has observed that the polypropylene bags manufactured by the petitioner are made from plastic granules and cannot be treated as textile articles.The assessee/petitioner is...
'Adjourned More Than 50 Times, Witnesses Are Senior Citizens': Madras High Court Expedites Trial In 2013 Murder Of BJP Leader Ramesh
The Madras High Court has directed the Sessions Court for the exclusive trial of bomb blast/NIA cases, Poonamalle to complete the trial in the 2013 auditor Ramesh murder case within two months. V Ramesh, an auditor by profession and the Tamil Nadu unit General Secretary of the Bharatiya Janata Party (BJP) was hacked to death in 2013. The mother of the deceased Ramesh had approached...
Embraer Defence Deal: Delhi Court Slams ED For Arresting Singapore Businessman Without Permission, Orders Interim Release
A Delhi Court on Thursday rapped the Enforcement Directorate for arresting a Singapore-based businessman at Kolkata airport without its permission in a money laundering case connected to the alleged employment of agents by Embraer for facilitating contract for Airborne Early Warning & Control (AEW&C) Project with DRDO for procurement of 3-fully modified EMB-145 aircrafts in 2008.Dev...
Taxing Authorities Can't Stop Assessee From Claiming Statutory Right: Allahabad High Court
The Allahabad High Court has held that the taxing authorities cannot, in the garb of technicality, stop any assessee from claiming his statutory right, as provided under the Income Tax Act.The bench of Justice Rohit Ranjan Agarwal has observed that, due to the mistake of the department or a technical glitch in the software, when an appeal of an assessee is not reflected on the portal,...