News Updates
Sale Of Renewable Energy Certificate Of Income Received By The Assessee Is A Capital Receipt: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the sale of renewable energy certificates (carbon credit) of income received by the assessee is a capital receipt. The two-member bench of Kuldip Singh (Judicial Member) and Gagan Goyal (Accountant Member) has observed that the sale of carbon credit could not be a business receipt or income, nor is it...
Revenue Officials Bound To Effect Mutations In Record According To Court's Decree: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that it is the duty of revenue officials to incorporate the court's decree in the revenue record, in true letter and spirit.The observation was made while dealing with a petition for quashing impugned order wherein Naib Tehsildar-cum-Assistant Collector had ignored the decree of the civil court which held that the Will is valid in favour of...
Approval Of Demerger Would Not Entail The Benefit Of Set-Off Under Section 72A Of Income Tax Act: ITAT
The Pune Bench of ITAT has ruled that the mere fact that the scheme of demerger or amalgamation was approved by the High Court, does not automatically entitle the assessee to claim the set-off of brought forward business losses relating to the demerged or amalgamating undertaking. The Bench, consisting of S. S. Viswanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant...
Water Logging Menace | Allahabad High Court Issues Slew Of Directions To Lucknow Development Authority
Dealing with a Public Interest Litigation (PIL) plea seeking a direction to the state government authorities for the removal of encroachment over various drainage systems in the city of Lucknow, the Allahabad High Court issued a slew of directions to the Lucknow Development Authority.Though the court noted that prayers in the writ plea are omnibus in nature, the bench of Justice Devendra...
E-Rickshaw Sold Without Battery Classifiable As An "Electrically Operated Motor Vehicle" : West Bengal AAR
The West Bengal Authority of Advance Ruling consisting of Brajesh Kumar Singh and Joyjit Banik has ruled that a three-wheeled electrically operated vehicle, commonly known as an e-rickshaw, when supplied without a battery, is classifiable as an "electrically operated motor vehicle" under HSN 8703. The applicant is in the business of importing spare parts for electrically...
Asaram Bapu Rape Case: Rajasthan High Court Denies Bail, Rejects Third Application For Suspension Of Sentence
The Rajasthan High Court has rejected the third application filed by self-styled godman & life convict Asaram Bapu seeking suspension of sentence for rape of a minor. The court further opined that he does not deserve indulgence of bail. Asaram was convicted and sentenced to life for offences under Sections 370(4), 342, 506, 376(2)(f) and 376D of the Indian Penal Code by a Special...
Calcutta High Court Sets Aside The Order Of Asst. commissioner, GST, For Not Complying Natural Justice
The Calcutta High Court bench of Justice Md. Nizamuddin has held that an order passed without granting a personal hearing violates principles of natural justice. The petitioner/assessee has challenged the order passed by the Assistant Commissioner. The order was passed on the basis of a show-cause notice under Section 74 of the WBGST Act, 2017, on the ground of violation of the...
Advertising Campaign Can Be Protected Under Intellectual Property Law If It Has Become Distinctive, Threshold High: Delhi High Court
The Delhi High Court has observed that an advertising campaign can be granted protection in law, if it signifies the source and has become distinctive of the party while adding that the threshold for establishing distinctiveness would however be quite high in such a case. Justice Pratibha M Singh was of the view that while distinctive elements in advertising campaigns can be protected by...
Allahabad High Court Dismisses PIL Seeking Enhancement Superannuation Age Of State Govt Employees From 60 Yrs To 62 Yrs
The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea seeking a direction to the State Government to enhance the age of superannuation of the employees of the State of U.P. from 60 years to 62 years.Stressing that in service matters, no public interest litigation is maintainable, the Bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar dsimissed...
Private Negotiations Between Two Govt Agencies For Land Transfer Does Not Determine Its True Market Value: Gujarat High Court
The Gujarat High Court has held that private negotiations between government agencies for land transfer does not determine the true market value of the land. Thus, the High Court expressed doubt over an Arbitral award which granted compensation in favour of the private landowners ('Claimants'), whose lands were acquired by Western Dedicated Freight Corridor Corporation Of India,...
Motor Accidents | Compensation For Actual Damages Includes Value Of Spare Parts To Be Repaired: Kerala High Court
The Kerala High Court on Thursday, while allowing a motor accident claims appeal, held that in Motor Accident Claims the claimant is entitled to get compensation for 'actual damages', which includes the value of spare parts as well.Justice Badharudeen opined that the claimant is entitled to compensation for the value of spare parts incurred for repairing the vehicle which got damaged as...
Punjab & Haryana High Court Denies Parole Extension To Prisoner Who Miscommunicated Eye Operation As Brain Tumor Surgery
The Punjab and Haryana High Court recently dismissed a writ petition filed by a prisoner seeking extension of his parole to undergo surgery of brain tumor on the ground that the status report by the Investigating Agency clearly reflected that the petitioner was to undergo an eye surgery and not surgery of brain tumor."Apparently, the report furnished by the Investigating Agency reflects...