Premature Withdrawal Of Investment From 'Capital Gain Tax Exemption Bonds' Defeats Legislative Intent Behind S. 54EC Of Income Tax Act: Delhi HC

The Delhi High Court has made it clear that an investor of 'Capital Gain Tax Exemption Bonds' cannot seek premature withdrawal through judicial intervention. A single bench of Justice Sanjeev Narula ruled that such an act would defeat the legislative intent behind Section 54EC of Income Tax Act, 1961. The provision stipulates that long-term capital gain will not be charged on...

Delhi HC Orders DDA To Pay ₹11 Lakh To Family Of Man Who Died In Balcony Collapse, Flags Structural Failures & Negligence In Maintenance

The Delhi High Court has ordered the Delhi Development Authority (DDA) to pay compensation of over Rs. 11 lakh to a woman and her minor sons, after her husband died after a balcony in their DDA flat collapsed 24 years ago. Justice Dharmesh Sharma pulled up the DDA for negligence and said that it had a "continuing obligation" to ensure the flat infrastructure's "durability and...

CGST Act | Commissioner Empowered To Withhold Refunds Both From Electronic Cash Ledger And Electronic Credit Ledger: Delhi HC

The Delhi High Court has held that refunds, be it from the balance left in Electronic Cash or the Electronic Credit Ledger, are treated at par and the Commissioner under the Central Goods and Services Tax Act may withhold both in exercise of its powers under Section 108. Section 108 empowers the revisional authority to place in abeyance “any order” made under the CGST Act, which in...

Temporary Pandemic Allowances Must Be Excluded From Wage Calculations For ESIC: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Girish Kathpalia ruled that temporary special incentives paid during the pandemic should not be included in wage calculations for ESI. The court emphasized that including such temporary pandemic-related payments in the wage calculation would contradict the scheme's welfare objectives. The judgment established that special allowances meant...

[Confiscation] No Provision For Waiver Of Show Cause Notice U/S 124 Of Customs Act: Delhi High Court

The Delhi High Court recently came to the rescue of an OCI cardholder whose luxury watch was confiscated by the Customs Department when she landed at IGI Airport, without issuance of any show cause notice under Section 124 of the Customs Act, 1962. Section 124 stipulates that no order confiscating any goods shall be made unless the owner of the goods is given a notice informing...

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is (a) null and void; or (b) in-operative; or (c) incapable...

'Capital Grant Subsidy' Paid To Contractor To Meet Economic Shortfall In Revenue Is Not Liable For TDS Deduction: Delhi HC

The Delhi High Court has held that 'capital grant subsidy' which may be extended by the National Highways Authority of India to its contractors is not liable to TDS deduction under Section 194C of the Income Tax Act, since such grant cannot be construed as payment for a “work”.Section 194C requires deduction of tax at source on any sum which may be paid to a contractor for carrying out...

Initiation Of Prosecution U/S 51 Of Black Money Act Not Dependent On Completion Of Assessment Proceedings U/S 10 For Tax Evasion: Delhi HC

The Delhi High Court has held that initiation of prosecution under Section 51 of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act, 2015 is not dependent on completion of assessment proceedings initiated against an accused under Section 10 to determine tax evasion. The Black Money Act, 2015 is designed to address "undisclosed assets located outside...

Delhi High Court Rejects Inderpal Gaba's Challenge To NIA Arrest & Remand Over Protest At Indian High Commission In London

The Delhi High Court has rejected the plea to Inder Pal Singh Gaba, allegedly involved in the protest at the High Commission of India, London, United Kingdom, challenging his arrest by the National Investigation Agency (NIA) and seeking his release from custody.Gaba was charged under Section 13 of UAPA (punishment for unlawful activities), Section 3(1) of the Prevention of Damage to...

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. Facts The respondent issued a work order in favour of the petitioner for the design,...

Delhi High Court Denies Relief To Arms Dealer Sanjay Bhandari In Challenge To Fugitive Economic Offender Notice

The Delhi High Court has rejected the petition of arms dealer Sanjay Bhandari, accused of tax evasion and money laundering, challenging a Special Court's summoning order in relation to the Enforcement Directorate's declaration of him as a 'Fugitive Economic Offender'.A single judge Justice Dinesh Kumar Sharma remarked that Bhandari did not come to the Court with clean hands as he did not...

Defamation Suit: Delhi High Court Issues Summons To Users Who 'Edited' ANI's Wikipedia Page

The Delhi High Court on Thursday issued summons to three individuals who allegedly edited the Wikipedia page of news agency Asian News International (ANI). Justice Subramonium Prasad was dealing with the defamation suit filed by ANI against Wikimedia Foundation, which hosts Wikipedia platform. Earlier this week, a division bench had disposed of Wikipedia's appeal against the single judge's...