News Updates
Allahabad High Court Weekly Round-Up: November 28 To December 4, 2022
NOMINAL INDEX Dr. Archana Gupta v. State of U.P. 2022 LiveLaw (AB) 507 Asheem Kumar Das v. Manish Viswas And 4 Others 2022 LiveLaw (AB) 508 Raj Kumar v. State of U.P 2022 LiveLaw (AB) 509 Shipra Hotels Limited And Anther v. State Of U.P. And 3 Others and other connected matters 2022 LiveLaw (AB) 510 Dr. Syed Fareed Haider Rizvi @ Dr. S.F.H. Rizvi v. C.B.I. Thru. S.P./A.C.B....
Tax Cases Weekly Round-Up: 04 December To 10 December 2022
Supreme Court Concessional Rate Of Sales Tax Not Applicable On Oxygen As It Is Not A Raw Material For Manufacture Of Steel: Supreme Court Case Title: State of Jharkhand and others Versus Linde India Limited and Another The Supreme Court has held that the main function of oxygen in manufacturing steel is to reduce the carbon content; therefore, it can be considered a refining...
Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court
The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court to terminate the mandate of the arbitrator and...
Application Of Hudson's Formula For Computation Of Loss In Construction Contract, Not Unreasonable: Bombay High Court
The Bombay High Court has ruled that while deciding the petition under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), the Court is not precluded from considering the findings and conclusions contained in the dissenting opinion of a minority member of the Arbitral Tribunal. The bench of Justice Manish Pitale observed that the majority opinion in the arbitral...
Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022
Bombay High Court: Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court Case Title: M/s. Mehra & Company versus State of Maharashtra The Bombay High Court has ruled that the power of appointment of arbitrator by the High Court under Section 11 of the Arbitration and Conciliation...
Delhi High Court Weekly Round-Up: December 5 To December 11, 2022
Citations [2022 LiveLaw (Del) 1145 TO 2022 LiveLaw (Del) 1161] NOMINAL INDEX MRS. X v. GNCTD & ANR. 2022 LiveLaw (Del) 1145 SUSHIL KR. JAIN( ADVOCATE) v. UNION OF INDIA & ORS. 2022 LiveLaw (Del) 1146 MUNICIPAL CORPORATION OF DELHI vs GOVT OF NCT OF DELHI & ANR. 2022 LiveLaw (Del) 1147 SHWETA v. GNCTD AND ANR 2022 LiveLaw (Del) 1148 Spectrum Power Generation Limited v....
Signing A Blank Discharge Voucher Indicates That A Party Was Acting Under Pressure And Compulsion: Delhi High Court
The High Court of Delhi has held that the fact that a party signed on a blank Discharge Voucher indicates that it was acting under pressure and compulsion and did not sign the document out of free will. The bench of Justice C. Hari Shankar held that a discharge voucher signed out of economic duress and compulsion would not extinguish the legitimate claims of a party and it would be...
Calcutta HC Stays 17 FIRs Against Suvendu Adhikari, Restrains State From Registering Fresh FIRs Sans Permission
Granting relief to the leader of the Opposition in the West Bengal assembly Suvendu Adhikari, the Calcutta High Court recently stayed over 17 FIRs registered against him and restrained the state from registering fresh FIRs against him.The bench of Justice Rajasekhar Mantha ordered this while dealing with the writ petition filed by Adhikari aggrieved with the lodging of 17 FIRs against him at...
Non-Scheduled Bank Required To Tax The Interest On Sticky Loans Or NPAs On Receipt Basis: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the non-scheduled bank was required to tax the interest on the sticky loans and non-performing assets (NPAs) on a receipt basis.The division bench of Justice Sabina and Justice Sushil Kukreja has observed that an amendment to Section 43D by Finance Act, 2017 was made by which the scope of section 43D to Co-operative Banks was extended. Although...
Attachment By Tax Dept. Subsequent To A Mortgage Favouring Secured Creditors Has No Legs: Madras High Court
The Madras High Court has held that the orders of attachment passed by the Tax Recovery Officer or Income Tax Department were subsequent to the mortgage created in favour of the secured creditors and have no legs.The division bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has observed that even if recovery proceedings are quashed for any reason, the bankers' and...
Hospital Charging Commercial Rates Not Entitled For Registration As Charitable Organisation: ITAT
The Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee hospital is charging on the basis of commercial rates from the patients and is not entitled to registration as a charitable organization under Section 12A of the Income Tax Act.The two-member bench of Laliet Kumar (Judicial Member) and R.K. Panda (Accountant Member) has observed that the assessee...
Tata Industries Entitled To Set-Off Business Loss Against Dividend Received From Its Foreign Subsidiary: ITAT
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has ruled that investments made by an assessee company to exercise control over other investee companies constitutes a business activity. The bench of Rahul Chaudhary (Judicial Member) and M. Balaganesh (Accountant Member) held that though the dividend income is taxable under the head 'income from other sources' in view of...