News Updates
No Tax Implications On Business Profits Earned On Reinsurance Business In Absence Of Fixed Place PE in India: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that there are no tax implications on business profits earned on account of the reinsurance business in the absence of a fixed place permanent establishment (PE) in India.The two-member bench headed by Pramod Kumar (Vice President) and Anikesh Banerjee (Judicial Member) has observed that the existence of the dependent...
CBIC Exempts Export Duty On Several Varieties of Rice From November 1, 2022
The Central Board of Indirect Taxes and Customs (CBIC) has exempted several varieties of rice from export duty with effect from November 1, 2022.The varieties of rice that are exempt from export duty include husked (paddy or rough) rice, husked (brown) rice, and semi-milled or wholly-milled rice subjected to certain conditions.Firstly, goods meant for export to Nepal when exported through...
Capitation Fee collected indirectly by educational institutions, no tax exemption: Madras High Court
The Madras High Court has lifted the corporate veil of the educational institution for collecting involuntary capitation fees.The division bench of Justice R. Mahadevan and Justice Mohammed Shaffiq, while cancelling the registration under Section 12A of the Income Tax Act, noted that the amounts collected by the assessees were capitation fees for allotment of seats in deviation of the Tamil...
"COVID Period Is Over" : Supreme Court Dismisses Plea Filed Amid Pandemic To Ensure Education Of Migrant Workers' Children
Opining that the COVID-19 period is over, the Supreme Court of India on Thursday granted liberty to the petitioner to withdraw a petition which sought to provide for a Uniform Education Policy to the children of migrant workers amid the COVID-19 pandemic. When the matter was taken up for hearing, the petitioner advocate gave a short brief on what the plea is about. "But...
"A Minor Was Gang Raped In A Nation Which Worships Goddess Durga, Laxmi & Saraswati": UP Court Awards Death Penalty To 2
A court in Uttar Pradesh's Pratapgarh District on Wednesday sentenced 2 convicts [one Haleem, an auto mechanic, and Rizwan, a tailor] to death for the kidnapping and rape of a minor girl while observing that the accused-male vampires not only forcibly entered into the temple-like body of the minor girl but also tried to demolish the same.The Additional District and Session Judge/Rape and...
Delhi High Court Issues Notice On BJP Leader Sudhanshu Mittal's Plea Seeking Contempt Action Against Times Group Owners, Editors
The Delhi High Court has issued notice on a plea filed by BJP leader Sudhanshu Mittal seeking contempt action against the management and editors of Times of India for allegedly publishing "defamatory content" against him in violation of a 2011 trial court orderIn January 2011, the trial court had directed the news organisation editors to first verify the contents of any news regarding...
Yes Bank- DHFL Scam : Supreme Court Directs Examination Of Kapil Wadhwan At AIIMS For Consideration Of Bail On Medical Grounds
The Supreme Court on Thursday deferred the decision regarding the grant of medical bail to Kapil Wadhawan, the former Chief Managing Director of Dewan Housing Finance Limited (DHFL) and main accused in the Yes Bank-DHFL scam in which 17 banks were defrauded out of more than Rs 34,000 crores by the home loan provider. The Division Bench, comprising Justices K.M. Joseph and Hrishikesh Roy,...
Complainant In Cheque Bounce Case Can't Challenge Order Of Acquittal Before Sessions Court: Calcutta High Court
The Calcutta High Court has held that the appeal against the acquittal of the accused in a cheque bounce case can be filed only before the High Court under Section 378(4) of CrPC and not before the Sessions Court.The bench of Justice Subhendu Samanta held thus after coming to the conclusion that a complainant in a case u/s 138 of the Negotiable Instrument Act is not a victim as defined u/s...
Delhi High Court Upholds Life Sentence Of Three Men Who Raped Minor In 2011, Rejects Prayer For Remission
The Delhi High Court Thursday upheld the conviction and life sentence awarded to three men for raping a minor girl in 2011. The class X student, who was first raped by a relative, was subsequently raped by two strangers, who had offered her help when she was walking on road after escaping from her relative's house. A division bench of Justice Mukta Gupta and Justice Anish Dayal dismissed...
Mutation Entries Only Fiscal In Nature, Do Not Confer Any Title In Respect Of Property To Which They Relate: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that mutation entries are only fiscal in nature and these do not confer any title in respect of the property to which they relate nor do these entries extinguish the right of a party in respect of the said property. The observations were made by a bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar...
S.197 CrPC | Sanction Must Be Obtained To Prosecute Public Servant If Impugned Act Has 'Reasonable Nexus' With Official Duty: Orissa HC Reiterates
The Orissa High Court has reiterated that sanction must be obtained under Section 197 of CrPC if the impugned act of a public servant has a 'reasonable nexus' with his official duty. In other words, the Court was of the view that a public servant cannot be prosecuted, without the aforesaid sanction, for any act done by him/her which has nexus/relation with his/her official...
Kerala High Court Extends Time For VCs To File Objections To Chancellor's Show Cause Notices
The Kerala High Court on Thursday extended the time till November 7 for the Vice Chancellors of various state Universities to respond to the show cause notices issued to them by the Governor for their removal. Justice Devan Ramachandran was informed by advocates appearing on behalf of the Vice Chancellors that they were inclined to file objections before the Chancellor against the impugned...