VAT Not Fee/Charge; Cannot Be Disallowed As Deduction Under Section 40(a)(iib) of Income Tax Act: ITAT

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that payment of Value Added Tax (VAT) by Tamil Nadu State Marketing Corporation, a State Government undertaking, is not a fee or charge, or an appropriation made by the State Government, and thus, it cannot be disallowed as deduction under the provisions of Section 40(a)(iib) of the Income Tax Act, 1961. The bench...

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022

Delhi High Court: Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Ltd. versus NTPC The High Court of Delhi has held that merely because the procedure for the appointment of the arbitrator has become invalid due to 2015 amendment act, the same would not render the...

Non-Participation Of Defendant Is Good For Compliance Of Sec 12-A Of The Commercial Courts Act: Delhi High Court

The High Court of Delhi has held that the failure of the defendant to participate in the Pre-Institution Mediation suffice the requirement of Section 12-A of the Commercial Courts Act, 2015. The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held that the consent of the plaintiff for instituting the pre-suit meditation would be irrelevant if the...

Extension Of Limitation For Section 34 Application, Is Not Contingent On Merits Of Section 33 Application: Delhi High Court

The Delhi High Court has ruled that the benefit of extension of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), by virtue of an application filed under Section 33, for correction and interpretation of award, would not apply solely to the parties making the request under Section 33. The single bench of Justice...

Child Born From Second Wife Of A Deceased Employee Eligible For Compassionate Appointment: Rajasthan High Court

The Rajasthan High Court (Jodhpur Bench) has observed that a child who was born from the second wife of the deceased employee is eligible for a compassionate appointment.To arrive at the conclusion, the bench of Justice Sandeep Mehta and Justice Kuldeep Mathur relied upon the Supreme Court's recent ruling in the case of Mukesh Kumar vs Union of India 2022 LiveLaw (SC) 205 wherein it was...

Digital Personal Data Protection Bill Proposes To Amend RTI Act To Completely Bar Disclosure Of Personal Information

The draft of the Digital Personal Data Protection Bill, which was released by the Ministry of Electronics and Information Technology on November 18 for public comments, has a provision which proposes to amend the Right To Information Act 2005.Clause 30(2) of the draft proposes an amendment to Section 8(j) of the RTI Act, which will have the effect of totally exempting personal information...

DGFT Extends Timeline for Export of Red Sanders Wood by Forest Environment & Climate Change Department

The Forest Environment and Climate Change Department of the Government of Odisha have been given until October 6, 2023, by the Directorate General of Foreign Trade (DGFT) to export red sanders wood."The Forest Environment and Climate Change Department, Government of Odisha, shall finalize the modalities for export of the Red Sanders Heart Wood in log form and shall complete the whole process...

Delhi High Court Weekly Round-Up: November 14 To November 20, 2022

Citations 2022 [LiveLaw (Del) 1078 TO 2022 LiveLaw (Del) 1093]NOMINAL INDEXIBIBO Group Pvt. Ltd. Versus DCIT 2022 LiveLaw (Del) 1078HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. v. AMAZON INDIA LIMITED & ANR. 2022 LiveLaw (Del) 1079LT FOODS LIMITED v. SARASWATI TRADING COMPANY 2022 LiveLaw (Del) 1080SHER SINGH @ RAJ BOHARA v. STATE (NCT OF DELHI) 2022 LiveLaw (Del) 1081Tricolor...

CBIC Exempts Motor Car For Use of Governor of the State from Customs Duty

The Central Board of Indirect Taxes and Customs (CBIC) has exempted the import of motor cars for the use of the governor of the state from customs duty.The notification exempted the motor cars for the use of the Governor of the State from the whole of the duty on customs levied as per the rates specified in the First Schedule to the Customs Tariff Act, 1975, if imported or purchased out of...

ITAT Fastens Capital Gain Liability On Owner selling property through GPA Holder

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has fastened capital gain liability on owners executing General Power of Attorney (GPA) and selling property through GPA holders.The two-member bench headed by Mahavir Singh (Vice President) and G. Manjunatha (Accountant Member) has observed that the GPA has nowhere given possession to the GPA holder, and he has only executed the...

Assessment order passed against the dead person without bringing on record legal heirs is Void: Delhi High Court

The Delhi High Court has quashed the assessment order passed against the dead person without bringing on record all his legal representatives is void.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the death of the assessee was duly communicated by his legal heirs. The ITR also duly disclosed that it was filed by the legal representative....

Income Tax Act does not impose any limitation for filing an application for condonation of delay: Kerala High Court

The Kerala High Court has held that Section 119(2)(b) of the Income Tax Act does not impose any limitation for the purposes of filing an application for condonation of delay.The single bench of Justice Gopinath P. has observed that it was completely wrong on the part of the department to treat the date of filing of the application for condonation of delay as the relevant date for the purpose...