Superannuation Fund | Limit On Deduction Of Employer's Contribution Applies To Initial/ Annual Contribution, Not Additional Payments: Delhi HC

The Delhi High Court has held that the limit prescribed under Section 36(1)(iv) of the Income Tax Act 1961, on deductions that an employer can seek for contributions made towards superannuation funds, applies only at the stage of setting up the fund or making ordinary annual payments.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar said any contribution...

Delhi High Court Directs State Trading Corporation Of India To Fully Reimburse Medical Expenses Of ₹23.79 Lakhs To Its Retired Employee

The Delhi High Court recently directed the State Trading Corporation of India Ltd (STC) to reimburse medical expenses of Rs.23.79 lakh to one of its former employees, incurred by him due to the hospitalization of his wife.Justice Jyoti Singh observed that the government company's circular placing a cap on the amount of reimbursement that can be claimed by its retired employees, could not be...

Corporate Debtor Immune From Prosecution Under PMLA Post Approval Of Resolution Plan: Delhi High Court

The Delhi High Court bench of Justice Manmeet Pritam Singh Arora has held that in accordance with Section 32A(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), a Corporate Debtor that has successfully undergone a resolution process under Section 31 of the IBC shall not be prosecuted for offences committed prior to the commencement of the CIRP. Brief Facts On 26.07.2017...

NIA Opposes MP Engineer Rashid's Plea For Custody Parole To Attend Parliament, Delhi High Court Reserves Order

The Delhi High Court on Friday reserved judgment on the plea moved by Jammu and Kashmir MP Rashid Engineer seeking custody parole in order to enable him to attend the Parliamentary budget session. Justice Vikas Mahajan reserved the verdict after hearing Senior Advocate N Hariharan for Rashid and Senior Advocate Siddharth Luthra for National Investigation Agency (NIA). “The Court has heard...

Delhi High Court Quashes PMLA Proceedings Against BPSL In ₹47,000 Crore Bank Fraud Case Due To Successful CIRP

The Delhi High Court recently quashed criminal proceedings against Bhushan Power & Steel Limited (BPSL) in relation to a complaint filed by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) in view of Section 32A of the Insolvency and Bankruptcy Code (IBC).Noting that BPSL underwent a successful resolution under the IBC, Justice Manmeet Pritam...

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when the website marketing the goods...

SC Collegium Recommends Elevation Of 2 Judicial Officers As Delhi HC Judges

The Supreme Court Collegium has recommended the appointment of two judicial officers as judges of the Delhi High Court.The judicial officers recommended are:1. Renu Bhatnagar.2. Rajneesh Kumar Gupta.The decision was taken at a meeting of the Collegium held on February 5. Click here to read the...

Not Maintaining Proper Accounts Of Election Expenditure Not 'Corrupt Practice' Under RP Act: Delhi HC Rejects Plea Against AAP Candidate

The Delhi High Court has ruled that a candidate not maintaining proper accounts of election expenditure or not accurately disclosing the expenditure undertaken by him does not constitute “corrupt practice” under Section 123 of Representation of People Act, 1951. Justice Mini Pushkarna dismissed the election petition filed by one Ramesh Kumar Khatri challenging the victory of AAP...

ECI Can't Supervise Internal Elections Of Political Parties Under Section 29A Of Representation Of People Act: Delhi High Court

The Delhi High Court has ruled that the Election Commission of India (ECI) does not have supervisory jurisdiction regarding internal matters of elections of political parties under Section 29A of Representation of People Act, 1951. Section 29A deals with registration of associations and bodies as political parties with ECI. The provision states that any association or body of individuals...

Delhi High Court Rules In Favour Of Korean Brand 'Beauty Of Joseon', Orders Cancellation Of Identical Trademark

The Delhi High Court has ruled in favour of “Beauty of Joseon”, a Korean beauty brand, while ordering cancellation of an identical trademark registered in favour of a man on “proposed to be used basis.”Justice Amit Bansal allowed the plea moved by Goodai Global Inc, the parent company which owns Beauty of Joseon brand. It was Goodai Global's case that one Shahnawaz Siddiqu,...

Can MP Rashid Engineer Be Granted Custody Parole To Attend Parliament? Delhi High Court Asks NIA

The Delhi High Court on Thursday sought stand of the National Investigation Agency (NIA) on whether Jammu and Kashmir MP Rashid Engineer can be granted custody parole to attend the Parliamentary budget session. Justice Vikas Mahajan asked the NIA counsel to obtain instructions and listed the matter for hearing tomorrow. “He is an elected MP. What is the difficulty of sending him in...

What Is The Time Period Surviving U/S 149 Of Income Tax Act For Issuing Reassessment Notices: Delhi High Court Explains

The Delhi High Court has interpreted the Supreme Court's decision in Union of India v. Rajeev Bansal to elucidate the time period surviving under Section 149 of the Income Tax Act, 1961 for issuing reassessment notices.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar concluded that the period between 20 March 2020 to 30 June 2021 would be excluded from limitation,...