News Updates
Breaking: Bombay High Court Grants Bail To Anil Deshmukh In Money Laundering Case
The Bombay High Court on Tuesday granted bail to former Maharashtra home minister Anil Deshmukh, 73, in a money laundering case being investigated by the Enforcement Directorate. Justice NJ Jamadar had reserved his plea for orders on September 28, 2022 after marathon arguments by Senior Advocate Vikram Chaudhri and Advocate Aniket Nikam for Deshmukh, and ASG Anil Singh for the ED....
Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court
Disposing of a habeas corpus petition, the Jaipur Bench of the Rajasthan High Court recently said that in absence of an allegation of 'illegal detention' in cases where a 'Missing Person Report' has already been filed, the proper course available would be to approach the concerned magistrate. The petitioner had filed a habeas corpus petition before the Rajasthan High Court under...
Bombay High Court Allows Taxpayer To Utilise Amount Available In Electronic Credit Ledger to Pay Pre-Deposit
The Bombay High Court has held that the taxpayer may utilise the amount available in the Electronic Credit Ledger to pay the 10% of tax in dispute as prescribed under Sub-section (6) of Section 107 of the CGST Act.The division bench of Justice K.R. Shriram and Justice A.S. Doctor restored the appeal on the taxpayer's promise to debit the Electronic Credit Ledger within one week of the order...
Calcutta High Court Directs State Government To Make Scheme Providing Industrial Incentives GST- Compliant
The Calcutta High Court has ruled that industrial units cannot be kept in a limbo and denied the incentives, which were specifically promised to them, on the ground of change of the tax regime from VAT to GST. The Single Bench of Justice Moushumi Bhattacharya held that the issue of legitimate expectation was involved in the case, and hence, the Court directed the Department...
J&K Public Safety Act | Acts Of Land Grabbing Do Not Warrant Detention Under Public Safety Act: J&K&L High Court
The Jammu & Kashmir & Ladakh High Court, while quashing a detention order under J&K Public Safety Act, recently ruled that acts of land grabbing do not fall within the purview of the activities prejudicial to the maintenance of public order as per the provisions of the Jammu and Kashmir Public Safety Act, 1978. The observations were made by a bench of Justice Rajnesh Oswal...
GST Proceedings Initiated By Anti Evasion And Range Office For The Same Period Is Not Permissible: Calcutta High Court
The Calcutta High Court has held that since the audit proceedings under Section 65 of the CGST Act have already commenced, it is appropriate that the proceedings should be taken to their logical end. The proceedings initiated by the Anti-Evasion and Range Office for the same period will not be continued.The division bench of Justice T.S. Sivagnanam and Justice Supratim Bhattacharya has...
Drugs & Cosmetics Act | Defeating Accused' Right To Adduce Evidence U/S 25(3) In Controversion of Govt Analyst's Report Vitiates Prosecution: J&K&L HC
The Jammu and Kashmir and Ladakh High Court recently ruled that once it is established that the valuable right of the accused under Section 25(3) of the Drugs and Cosmetics Act 1940 to adduce evidence in controversion of the Government Analyst's report is defeated due to acts and omissions of the Drugs Inspector, prosecution against the accused deserves to be...
Employer Cannot Deny Back Wages Citing 'No Work No Pay' After Refusing Reinstatement Due To Pendency Of Appeal Against Acquittal: Bombay HC
The Aurangabad bench of Bombay High Court recently held that an employer cannot deny wages citing pendency of a criminal appeal against an employee's acquittal on the principle of 'no work no pay'.A division bench of Justices Mangesh S. Patil And Sandeep V. Marne granted back wages and continuity of service to the petitioner in a writ petition challenging Maharashtra State...
High Court Of One State Can Grant Transit Bail In A Case Registered Within Jurisdiction Of Another HC: Allahabad High Court
The Allahabad High Court has recently observed that the High Court of one State can grant transit bail in respect of a case registered within the jurisdiction of another High Court in the exercise of power under Section 438 of the Code of Criminal Procedure."...there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the...
Income From Operating And Maintaining IT Park To Be Assessed Under "Income from Business": ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income from operating and maintaining an IT park is to be assessed under the head "Income from Business".The two-member bench of Vikas Awasthy (Judicial Member) and M. Balaganesh (Accountant Member) has observed that the income from letting out the premises/developing space along with other facilities in an...
A Person Seeking Regular Bail Has To Be In Court's Custody Which Isn't Necessarily Required To Be Physical Custody: Allahabad HC
The Allahabad High Court recently held that it is not mandatory for an accused to be in physical custody at the time of filing the bail application. The Court clarified that if the accused is out of physical custody but his liberty is subject to the conditions imposed by the Court i.e. the accused is in constructive custody, he can apply for regular bail.The bench of Justice Saurabh...
Customs Broker Is Responsible For Acts Of The Employees: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that for the act of an employee, direct responsibility is fixed on the customs broker.The bench of Dr. Suvendu Kumar Pati (Judicial Member) has confirmed the penalty and relied on para 13(12) of the CHA Licencing Regulation, 2004 which says, "the customs broker shall exercise such supervision as may...