Delhi High Court Raps Income Tax Dept For Over Two-Year Delay In Implementing ITAT Order; Directs Refund With Interest Within One Month

The Delhi High Court recently criticized the Income Tax Department for an over 2-year delay in implementing an ITAT order, directing it to reconsider the demand raised against an assessee.A division bench of Justices Prathiba M. Singh and aShail Jain observed that the Income Tax Department must implement judicial orders with “alacrity” however in this case, it woke up only after the...

Frame Rules For Convicts Unable To Surrender After Lapse Of Parole Due To Health Issues, Age: Delhi High Court To Authorities

The Delhi High Court has directed the State Authorities to frame rules to cater to situations where convicts are unable to surrender even after lapse of the period of release on parole or furlough, due to being incapacitated by virtue of their health or age.Justice Amit Mahajan said that in such cases, multiple convicts may be forced to suffer tribulations of legal limbo and left to wait for...

Informer Of GST Evasion Cannot Seek Reward As A Matter Of Right: Delhi High Court

The Delhi High Court has prima facie observed that an informer, who apprises the Department about evasion of goods and services tax by an entity, cannot seek reward for sharing such information as a matter of right.A division bench of Justices Prathiba M. Singh and Shail Jain were of the prima facie view that no such right vests in any informer.“In the opinion of this Court, the grant of...

GST Dept Can't Raise Fresh Demand U/S 73 If Explanation Offered By Assessee U/S 61(2) Was Accepted: Delhi High Court

The Delhi High Court has made it clear that Section 61(2) of the Goods and Service Tax Act, 2017 bars further action against an assessee, including any demand under Section 73.For context, Section 61 empowers the proper officer to scrutinize the return furnished by the registered person and inform him of the discrepancies noticed.Sub-section (2) thereof provides that in case the...

Delhi High Court Rejects Plea Seeking “Free & Fair” Probe Into “I Love Muhammad” Posters In Uttarakhand, UP

The Delhi High Court has dismissed a PIL seeking a free and fair probe into three FIRs registered overI love Muhammad” posters displayed by individuals in Uttarakhand and Uttar Pradesh on the occasion of Milad-un-Nabi, commemorating the birth and passing of the Prophet.A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed the plea observing that the...

Plea By Arvind Kejriwal, Manish Sisodia Against Privilege Committee Summons 'Misconceived': Delhi Assembly Tells High Court

The Delhi Legislative Assembly on Wednesday opposed before the Delhi High Court the plea filed by Aam Aadmi Party leaders Arvind Kejriwal and Manish Sisodia challenging the summons issued to them by Delhi Legislative Assembly's Privilege Committee over the “phansi ghar” controversy.Senior Advocate Jayant Mehta appearing for the Assembly submitted before Justice Sachin Datta that the...

Non-Supply Of Inquiry Officer's Report Before Imposing Penalty Vitiates Disciplinary Proceedings Unless Employer Shows Valid Justification: Delhi HC

A Division bench of the Delhi High Court comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav held that non-supply of the inquiry officer's report to the delinquent employee before imposition of penalty vitiates the disciplinary proceedings unless the employer provides valid justification for such omission. Background Facts The employee was a government servant...

'May Cause Harm To Those Unfit To Consume': Delhi High Court Declines Interim Relief To Makers Of Drinks With 'ORS' Labelling

The Delhi High Court on Wednesday refused to pass interim orders permitting a company, JNTL Consumer Health India Pvt Ltd., to dispose of its existing stock of electrolyte beverages sold under the name ORSL. The said beverages were banned by the FSSAI to be labelled as Oral Rehydration Salts (ORS).A division bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela said as it is a case...

Delhi High Court Directs Authorities To Act On Complaint Seeking Demolition Of Unauthorised Constructions Near Qutub Minar

The Delhi High Court has directed the authorities to consider a complaint alleging illegal encroachment near the Qutub Minar complex in Delhi's Mehrauli area.The matter was heard by a division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela.The petitioner stated that he had written to the concerned authorities, including the Archaeological Survey of India (ASI), flagging...

'Merely Changing Words Won't Help': Delhi High Court Raps Litigant For Repeatedly Filing Pleas To Strike Down BNS Sections

The Delhi High Court on Wednesday rapped a litigant for repeatedly filing petitions challenging certain provisions of the Bharatiya Nyaya Sanhita (BNS) 2023, despite dismissal of his earlier pleas seeking similar reliefs.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela pulled up Upendra Nath Dalai, who filed a writ to declare the offences of waging war...

'It Has Hurt Everyone': Delhi High Court Strongly Condemns Shoe Attack On CJI Gavai, Says Appropriate Measures Must

The Delhi High Court today remarked that incidents like the one where a lawyer hurled a shoe at Chief Justice of India BR Gavai in open court must "not only be deprecated but appropriate measures need to be taken".A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela made the remark while hearing a PIL seeking guidelines to take down videos of the...

Post-Dated Cheques Given As Security Can Attract Section 138 NI Act Once Liability Crystallizes: Delhi High Court

The Delhi High Court has held that Post-Dated Cheques (PDCs), issued as security for financial liability, can mature into an actual outstanding liability, thus attracting provisions under Section 138 of the Negotiable Instruments Act 1881, if dishonoured.Justice Neena Bansal Krishna reasoned that security cheques are given to be utilised if certain liabilities arise during business...