Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8(4) of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise of its writ...

Benefit Of Abatement Notification Can't Be Denied Merely For Mismatch In Quantum Of Purchase: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the benefit of abatement notification cannot be denied solely because of a difference in the amount of purchase shown in the profit and loss account and invoices.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical) has observed that Notification No. 15/2004-ST or, for...

Calling A Girl "Item" Is Derogatory, Roadside Romeos Deserve A Heavy Hand: Mumbai Court Convicts Man For Sexually Harassing Teenager

Calling an unknown girl "item" and pulling her hair would amount to outraging her modesty punishable under Section 354 of the IPC, a special court held while sentencing a 25-year-old businessman from Mumbai to a year and a half in prison in a sexual harassment case. Justice special judge S J Ansari observed that "Item is a term used generally by boys to address girls in a...

IBC Cases Weekly Round-Up: 17 October To 23 October, 2022

Supreme Court 1. Standard Of Pre-Existing Dispute Under IBC Is Not Equivalent To Principle Of 'Preponderance Of Probability':Supreme Court Case Title: Rajratan Babulal Agarwal v Solartex India Pvt. Ltd. & Ors. Case No.: Civil Appeal No. 2199 of 2021 The Supreme Court Bench, comprising of Justice K.M. Joseph and Justice Hrishikesh Roy, has held that the standard...

"Coal rejects" Attracts 5% GST: Punjab AAR

The Punjab Authority of Advance Ruling (AAR) has held that "coal rejects" are to be classified under HSN 2701 and are taxable at 5% GST.The two-member bench of Varinder Kaur and Viraj Shyamkarn Tidke has observed that where the goods are being received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment. Thus, if the...

CESTAT Deletes Penalty On Availment of Credit Of Input Services Used In Co-Generation Plant For Generation Of Electricity Sold Outside

The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has deleted the penalty imposed with regard to credit availed in respect of input services used in the co-generation plant for the generation of electricity sold outside.The bench of Sulekha Beevi C.S. (Judicial Member) has upheld a penalty imposed with regard to an input service tax credit on the services...

Income Tax Exemption Eligible On Activities Undertaken For Advancement Of General Public Utility: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income tax exemption under Section 11 of the Income Tax Act is eligible for activities undertaken for the advancement of general public utility.The two-member bench headed by Pramod Kumar (Vice President) and Rahul Chaudhary (Judicial Member) has observed that the activities of the appellant were directed toward...

Tax Cases Weekly Round-Up: 16 October To 22 October, 2022

Supreme Court Valuation Of Shares For The Purpose Of Gift Tax Should Take Into Consideration Limitation And Restrictions: Supreme Court Case Title: Deputy Commissioner of Gift Tax Versus M/s BPL Limited Citation: 2022 LiveLaw (SC) 848 The Supreme Court has held that the valuation of shares for the purpose of gift tax must take into consideration the limitations...

Suggest Guidelines To Ensure Well-Being Of Children Who Are Released To Families By CWC Or Any Other Authority: High Court To DSLSA

In a matter related to the current status of 11 minors, who had been recovered from a brothel in Delhi in 2015 and released to their parents' custody, the Delhi High Court has directed the Delhi State Legal Services Authority (DSLSA) to suggest guidelines or safeguards that can be put in place in respect of such children, who are released by Child Welfare Committee (CWC) or by any other...

Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA

The Rajasthan High Court recently directed a police constable, who slapped a defence lawyer during his cross-examination as a witness, to submit Rs. 25K with DLSA after accpeting his uncondititional apology tendered before the Court.With this, the bench Justice Vijay Bishnoi and Justice Farjand Ali disposed of the criminal contempt petition registered on the basis of a complaint filed by...

Law Student Allegedly Beaten Up In Police Custody: MP High Court Orders Probe By State Human Rights Commissions

The Madhya Pradesh High Court has ordered the State Human Rights Commission to probe the case of a law student who was allegedly beaten up in police custody after being lifted from his sister's house on the pretext that he was needed for some investigation in a murder case.Pirma facie finding it to be a case of human rights violation, the bench of Justice Vivek Agarwal asked the Commission...

S.138 NI Act | Production Of Original Power of Attorney Not Necessary At Time Of Taking Cognizance Of Complaint: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that the production of original Power of Attorney is not necessary at the time of taking cognizance of the complaint under Section 138 of Negotiable Instruments Act.The observations were made by Justice Sanjay Dhar while hearing a plea in which the petitioner had challenged a complaint filed by respondent bank against him for an...