News Updates
Reopening Assessment Without Furnishing Information Violates Principles Of Natural Justice: Calcutta High Court
The Calcutta High Court bench of Justice T.S. Shivagnanam and Justice Bivas Pattanayak has held that failure to furnish information based on which assessment was reopened is a violation of principles of natural justice.The appellant/assessee has challenged the assessment order passed under the provisions of the Income Tax Act 1961 on the ground that it has been passed in violation of...
CESTAT Allows Cenvat Credit of 2% CVD Paid On Import Of Steam Coal
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ajay Sharma (Judicial Member) and P.V. Subba Rao (Technical Member) has allowed the Cenvat credit of 2% CVD paid on the import of steam coal.The appellant/department has assailed four different orders passed by the Commissioner (Appeals) in four appeals by which the Commissioner (Appeals)...
Lok Sabha Passes Bill To Validate Family Courts In Himachal Pradesh & Nagaland
The Lok Sabha today passed the Family Courts (Amendment) Bill, 2022 to overcome the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland.Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts in February 2019, the same are yet to be brought into force by...
CESTAT Quashes Order Of Forfeiture Of Security Deposit, Sustained The Penalty On Customs Broker
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the order of forfeiture of security deposit of Rs. 5 lakhs but sustained the penalty of Rs. 50,000 on the Customs Broker.The two-member bench headed by Justice Dilip Gupta (President) and Raju (Technical Member) has observed that the forfeiture of security deposit of Rs. 5 lakhs and imposition of...
Pending Matrimonial Litigation Between Parties In UAE Not Ground To Quash Cruelty FIR Against Husband In Srinagar: J&K&L High Court
The Jammu & Kashmir & Ladakh High Court today ruled that the proceedings for divorce or restitution of conjugal rights are of civil nature whereas the purpose of lodging of an FIR is to set the criminal law into motion, which is aimed at punishing the erring husband for his acts of cruelty. In view thereof, a bench comprising Justice Sanjay Dhar refused to quash an FIR...
Delhi High Court Directs DSIR To Issue Report Quantifying Expenditure On Scientific Research Incurred By The Assessee
The Delhi High Court has directed the Department of Scientific and Industrial Research (DSIR) to issue reports on the expenditure incurred by the assessee SRF Ltd. for the relevant assessment years in Form 3CL within six weeks. The Division Bench of Justices Manmohan and Manmeet Pritam Singh Arora observed that the DSIR is statutorily bound to issue the Form 3CL within 120 days...
Steps Being Taken To Make LGBTQIA+ Glossary More Simple: State Tells Madras High Court
While hearing the pleas relating to the upliftment of the LGBTQ+ community, the State Government on Friday, informed the Madras High Court that the suggested glossary was in the process of being finalized. The state informed that the present glossary was too technical as per persons from the community and attempts were being made to simplify the terms as much as possible so that the same can...
"Likelihood Of Bias": ED Moves Delhi High Court Seeking Medical Evaluation Of AAP Minister Satyendar Jain From Independent Hospital
The Enforcement Directorate, probing a money laundering case against Aam Aadmi Party Minister Satyendar Jain, has moved the Delhi High Court seeking his medical evaluation from an independent hospital instead of LNJP hospital which is directly under the control of Delhi Government, alleging a likelihood of bias in medical report. Jain, who is presently in judicial custody in the case, had...
NCLT Disallows JSW To Withdraw From Status Of Successful Resolution Applicant Of Ind-Barath Energy
The National Company Law Tribunal, Hyderabad Bench, comprising of Bhaskara Pantula Mohan (Judicial Member) and Dr. Binod Kumar Sinha (Technical Member), while adjudicating an application filed in Bank of Baroda v Ind-Barath Energy (Utkal) Ltd., has held that under Section 31(1) of the Insolvency and Bankruptcy Code, 2016 ("IBC"), Adjudicating Authority is not empowered to terminate...
Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court
The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any other criminal case. The Applicant had alleged that the accused person, who was enlarged on bail by the Court, was regularly indulging in criminal activities and that he was also...
SEBI Invites Comments Consultation Paper On Online Bond Trading Platforms
The Securities and Exchange Board of India (SEBI)has invited comments on online bond trading platforms' proposed regulatory framework by August 12, 2022.As per the paper, debt securities can be issued either through a public issuance or on a private placement basis. A public issue of debt securities is made through the online system of the Stock Exchanges and Depositories. Presently,...
Inland Haulage Charges Received By Shipping Companies Not Taxable As Business Profit: ITAT Mumbai
The Mumbai Bench of ITAT has reiterated that the activity of Inland Haulage is directly connected with the transportation of goods in international traffic and thus, Inland Haulage Charges are not taxable as business profit in India in view of Article 8 of the India-UAE DTAA (Double Taxation Avoidance Agreement). The Bench, consisting of Vikas Awasthy (Judicial Member) and...