News Updates
Reservation Must Reach Every Deserving Candidate, Cannot Be Eaten Away By Meritorious Reserved Category Candidate: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday observed that the benefit of reservation must reach to the deserving candidate in the category and State is under obligation that this benefit is not eaten away by a candidate of reserved category, who has equal or better merit than that of candidate last admitted in the professional course in the general category.A bench comprising...
ITR Prior To Death Of Assessee Is The Basis For Computation Of Loss Of Future Income Including Future Prospects: Gujarat High Court
The Gujarat High Court has held that an income tax return (ITR) filed prior to the death of the assessee is the basis for computation of loss of future income, including future prospects. The single bench of Justice Gita Gopi has observed that both the parents are dependents of the deceased son and are entitled to apply for compensation. Both the parents are entitled to...
Betel Nuts Are Subject To Decay, Not Required For Investigation: Gauhati High Court Directs To Release
The Gauhati High Court has directed the release of seized betel nuts as the betel nuts are subject to speedy natural decay and their retention was not required for the purpose of investigation.The single bench of Justice Robin Phukan has observed that from the date of seizure till date, more than 128 days have already elapsed. There was no allegation of theft in respect of the seized...
Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC
The Punjab and Haryana High Court recently held that the effect of a Magistrate's deposition in favour of a dying declaration can be eroded only when an efficacious cross-examination is conducted.The observation was made by a bench comprising Justice Sureshwar Thakur and Justice N.S.Shekhawat while dealing with an appeal against conviction for offence of Murder. The conviction was based on...
Tamil Nadu GST Dept. Prescribes Manner Of Re-credit Of Amount In Electronic Credit Ledger
The Tamil Nadu GST Department has notified the procedure for re-crediting the amount in the electronic credit ledger using FORM GST PMT-03A.If the refund has been sanctioned erroneously, recredit of that amount can be done via Form GST PMT-03A in the electronic credit ledger, along with the interest and penalty paid by the taxpayer. The taxpayer faced difficulties in taking credit...
Adani Vizhinjam Ports Files Contempt Petition Against Kerala Government Alleging Violation Of HC Order For Police Protection
M/S Adani Vizhinjam Ports Pvt Ltd has moved the High Court of Kerala by filing a Memorandum of Contempt under Section 12 of the Contempt of Courts Act, alleging willful disobedience of the respondent State government in complying with the Kerala High Court Order dated 01.09.2022 granting police protection for the petitioners. Vide the said Order, the Kerala High Court had granted the...
Invalid Reassessment Notice, The Entire Proceedings have To Collapse: Calcutta High Court
The Calcutta High Court has held that the foundation of a reassessment proceeding is a valid notice, and if the notice is held to be invalid, the entire edifice sought to be raised has to collapse.The division bench of T.S. Sivagnanam and Justice Hiranmay Bhattacharyya have observed that the assessing officer is bound to furnish reasons within a reasonable time, the noticee is entitled...
Housing Credit To Poor Through Borrowings From Financial Institutions; Not A Charitable Activity: ITAT
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that grant of housing credit by the assessee trust to the lower strata of society, financed solely through the funds borrowed from financial institutions, is not a charitable activity and thus the assessee cannot be registered as a Charitable Trust under Section 12AA of the Income Tax Act, 1961. The Bench of...
[DHCBA Elections 2022] Requisition For EVM Machines Sent To ECI, Response Awaited: Bar Association's CEC Informs Delhi High Court
The Delhi High Court has been informed by Chief Election Commissioner of Delhi High Court Bar Association (DHCBA) that requisition for EVM machines for conducting DHCBA elections 2022 has been sent to Election Commission of India (ECI) and that the response is awaited. The election is scheduled for September 28.Justice Sanjeev Narula was hearing an urgent plea moved by DHCBA against deferment...
Approval Granted By Pune Municipal Corporation To Straighten Ambil Odha Stream Valid: Bombay High Court
The Bombay High Court on Tuesday held that the approval granted by the Pune Municipal Corporation and the Deputy Municipal Commissioner (Vigilance) to straighten the Ambil Odha stream is valid. "We do not find any infirmity in the approval granted by the respondent no.1 Corporation dated 5th November, 2020 for carrying out a change in the alignment of the Ambil Odha (stream)...
Seller Of Agricultural Land Insisting Cash Payment; No Disallowance Can Be Made Under Section 40A (3) Of IT Act: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that no disallowances can be made under Section 40A (3) of the Income Tax Act, 1961 for payments made otherwise than by way of account payee cheques or bank drafts for purchase of agricultural land, where the seller of the agricultural land has insisted on payment in cash. The Bench of Saktijit Dey (Judicial Member)...
Unregistered Sale Cannot Be The Basis For Claim On Immovable Property: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Smt. Sabita A. Biswa v Shri Vinodkumar Pukhraj Ambavat, has declined to entertain the claim of a creditor based on an unregistered and unstamped sale deed which was only executed before...