News Updates
J&K&L High Court Directs Medical Board To Take Fresh Decision On Minor Rape Victim's Request For Termination Of 23 Weeks Pregnancy
The counsel representing the minor referred to the recent judgement of Apex Court reported in 2022 LiveLaw (SC) 621, X v. Principal Secretary Health & Family Welfare Department.
Contract For Extended Warranty Of Bentley Cars, Entered Into By Exclusive Dealer With Indian Customers, Does Not Constitute A Dependent Agent PE In India: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that contract for extended warranty of Bentley Cars, entered into by an exclusive dealer with the Indian customers, does not constitute a dependent agent PE in India. The Bench of Saktijit Dey (Judicial Member) and Dr. Brr Kumar (Accountant Member) noted that the assessee/exclusive dealer of Bentley Cars purchased...
Subramanian Swamy Moves Delhi High Court Over Centre's 'Failure' To Make Adequate Security Arrangements At Private Accommodation
Former Rajya Sabha MP Dr. Subramanian Swamy has moved the Delhi High Court claiming that the Centre failed to ensure adequate security arrangements at his private accommodation in national capital after he was recently directed to hand over possession of his government accommodation to the authorities.The petition was mentioned before a division bench headed by Chief Justice Satish Chandra...
Which Sikh Guru Wrote 'Anand Karaj'? Punjab and Haryana HC Refers Question To Expert Committee In Service Matter
Which Sikh Guru has written 'Anand Karaj'? The question asked by the Punjab Police department in an exam held for promotion of Constables to Head Constables has been referred by Punjab and Haryana High Court to an Expert Committee.Why? The court was hearing a case filed by two petitioners, who claimed that their promotion was wrongly denied on the basis of a wrong answer key.Justice...
'Lacks Elementary Knowledge': J&K&L High Court Directs Govt To Withdraw Powers Under Agrarian Reforms Act From Add'l Deputy Commissioner Rajouri
Jammu & Kashmir and Ladakh High Court recently took suo moto notice of the lack of "even elementary knowledge" regarding land laws displayed by an Additional Deputy Commissioner in Rajouri district who is conferred with powers of Commissioner under the Agrarian Reforms Act, 1976 and that of Collector under the Land Revenue Act, 1996.A bench of Justice Rahul Bharti thus directed...
Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits
The Bombay High Court recently directed Hingoli Zilla Parishad to grant all pensionary benefits to the legal heirs of a deceased clerk even though the case challenging his dismissal was pending in the Labour Court. Justice Sandeep V. Marne of the Aurangabad Bench also granted continuity in service to the petitioner during the period between his dismissal and reinstatement...
MP High Court Explains When Delinquent Employee Can Object That Disciplinary Proceeding Is Causing Prejudice In Criminal Trial
The Madhya Pradesh High Court recently observed that it is only from the stage of framing of charges that an alleged delinquent employee can raise the objection regarding departmental proceeding, which is being carried out parallel to their criminal prosecution, is causing prejudice to their defense. The division bench of Justices Sheel Nagu and Virender Singh further observed that prior...
Consultation With Federal Society Prerequisite For Removal Of Committee Member Under Section 78 Of Cooperative Societies Act: Bombay High Court
The Bombay High Court recently held that consultation with the federal society to which a co-operative society is officiated is mandatory before the registrar can remove any committee or the member of the society if the acts of the committee or its members are against the interest of the co-operative society. "Therefore, when member of the committee is to be removed for the alleged...
Liquidated Damages Received By Shipping Company, Not Exempt Under 'Tonnage Tax Scheme': ITAT
The Visakhapatnam Bench of theIncome Tax Appellate Tribunal (ITAT)has ruled that liquidated damages received by a shipping company cannot be included in computation of tonnage tax and therefore, they are not exempt under the 'Tonnage Tax Scheme', as provided under Chapter XIIG of the Income Tax Act, 1961. The bench of Duvvuru RL Reddy (Judicial Member) and S...
Job Of Bottling, Blending And Labelling Indian Made Foreign Liquor Does Not Amount To Taxable Service Under 'Business Auxiliary Service': CESTAT
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the job of bottling, blending and labelling Indian Made Foreign Liquor (IMFL) does not amount to taxable service under "Business Auxiliary Service".The two-member bench of P. Dinesha (Judicial Member) and Sanjiv Shrivastava (Technical Member) have observed that if the Completely Built-Up Unit...
CBDT Extends Due Date For Furnishing Income Tax Return for AY 2022-23
The Central Board of Direct Taxes (CBDT) has notified the extension of the due date for furnishing the return of income for the Assessment Year 2022–23 to November 7, 2022, for certain categories of assessees in consequence of the extension of due dates for filing various reports of an audit.Prior to the notification, the due date for furnishing the return of income under sub-section (1)...
Affordable Residential Apartments Attracts 1.5% GST: Kerala AAR
The Kerala Authority of Advance Ruling (AAR) has held that affordable residential apartments attract 1.5% GST.The bench of Sreeparvathi and Abraham Renn has held that a new tax structure for the real estate sector was introduced with effect from 01.04.2019 onwards by the amendment of Notification No. 11/2017 – Central Tax (Rate) dated 28.06.2017 by Notification No. 03/2019 – Central...