Assessee Can't forgo the deemed excise credit: Bombay High Court Orders Tran 1 Or Tran 2 to be filed on GST portal

The Bombay High Court has held that it will be wholly unfair if the assessee ends up having to forgo the deemed excise credit, particularly when under Section 29(3) his liability will continue even after cancellation of registration.The division bench of Justice K.R. Sriram and Justice A.S. Doctor has observed that the application, subject to paying all necessary fees and filing...

Allahabad High Court Weekly Round-Up: October 31 To November 6, 2022

CITATIONS Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others 2022 LiveLaw (AB) 478 Gomti Devi v. State Of U.P. And 2 Ors. 2022 LiveLaw (AB) 479 State Of U.P. v. M/S Maa Vindhyavasini Tobacco Pvt Ltd 2022 LiveLaw (AB) 480 In re v. 2022 LiveLaw (AB) 481 Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil...

Unrealized sale proceeds have to be excluded from export turnover as well as total turnover: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that unrealized sale proceeds have to be excluded from an export turnover as well as total turnover.The two-member bench headed by Mahavir Singh (Vice President) and G. Manjunatha (Accountant Member) has directed the AO to re-compute deduction by excluding unrealized sale proceeds from an export turnover as well as...

Award In Favour Of Financial Creditor Already In Execution, Section 7 Petition Must Be Rejected: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Shaikh Mohammed Tariq v Aegis Forging Ltd., has held that when an arbitral award has been passed in favour of Financial Creditor for the...

Special Court's Remarks In Sanjay Raut Bail Order Unreasoned, Demonstrate Lack Of Application Of Mind: ED To Bombay High Court

The Special PMLA Court's stinging remarks against the Enforcement Directorate while granting bail to Shiv Sena MP Sanjay Raut were "unreasoned," "demonstrate a lack of application of mind" and have "chilling effect" on the ED's morale as an investigating agency, the ED has said. In an amended appeal before the HC, the ED further claimed that calling Raut's arrest a 'witch hunt' "would...

Muslim Marriages Not Excluded From POCSO Act, Physical Relationship With Minor An Offence Irrespective Of Validity Of Marriage: Kerala High Court

The Kerala High Court has ruled that a marriage between Muslims under personal law is not excluded from the sweep of the POCSO Act.Justice Bechu Kurain Thomas said if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage, offences under the POCSO Act will apply.The court disagreed with the view taken by the Punjab and Haryana High Court in...

J&K&L High Court Refuses To Quash FIR Against Kashmir Walla Editors

Dismissing a petition filed by the editors of a Valley-based news portal The Kashmir Walla for quashing of an FIR registered against them last year, the Jammu & Kashmir and Ladakh High Court said the case requires an investigation to find out whether the offences have been committed or not. Justice Vinod Chatterji Koul in the judgment pronounced on November 17 said:"Since the...

Alleged Remarks Against UP CM | Allahabad HC Refuses To Quash FIR Against Samajwadi Party Leader Anurag Bhadouria

The Allahabad High Court today refused to quash an FIR registered against Samajwadi Party Leader Anurag Bhadouria for allegedly making insulting and objectionable remarks against Uttar Pradesh Chief Minister Yogi Adityanath and late Mahant Avaidyanath during a TV Debate show.The bench of Justice Ramesh Sinha and Justice Renu Agarwal rejected his plea seeking the quashing of his FIR and a stay...

Bombay HC Seeks State's Response On PIL Seeking Mandatory Charging Infrastructure For Electric Vehicles in Housing Societies

The Bombay High Court on Friday issued notice in a PIL seeking directions to the State and Registrar of Cooperative Societies for issuance of guidelines for installation of electric vehicle charging stations within cooperative housing societies.The petition, filed by one Amit Dholakia, impleads the Central and Maharashtra governments, as well as Registrar of Cooperative Societies,...

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the Constitution. A Division...

Madras High Court Restrains Over 12K Websites From Illegally Broadcasting FIFA World Cup 2022

The Madras High Court on Friday granted interim injunction to Viacom18 and restrained more than 12,000 websites from showcasing the FIFA World Cup 2022.While granting the interim injunction, Justice M Sundar said:With regard to prima facie case, there is no difficulty in accepting prima facie that the plaintiff is the owner of the Copyright in the Sporting Event. In Terms of balance...

Former CJI U U Lalit To Join NUJS Kolkata As Visting Professor

Former CJI U U Lalit has accepted the invitation to join National University of Juridical Sciences (NUJS), Kolkata as Distinguished Visiting Professor. This acceptance of the invitation comes days after his retirement as the 49th Chief Justice of India. Justice Lalit was also the Chancellor of the University during his tenure as the CJI. Recently, in an interview, Justice Lalit had expressed...