Income From Capital Gains On Certain Assets Which Are Excluded U/S 10(38) Of IT Act Must Be Included While Computing Book Profits: Delhi HC

The Delhi High Court held that proviso to Sec 10(38) cannot be read in reverse to mean that if gains are not included as book profits u/s 115JB, the same are liable to be included as income for purposes of assessment to tax under the normal provisions.Even though, the gains are required to be excluded from income chargeable to tax u/s 10(38), added the Court. As per Section 10(38) of Income...

Delhi High Court Grants Interim Relief To 'Upstox' Against Trademark, Copyright Infringement By Unknown Entities

The Delhi High Court has in an interim order restrained unknown entities from infringing on the 'UPSTOX' trademarks, work marks and copyrighted photographs–an online trading application owned by RKSV Securities India Pvt. Ltd which is an Indian broking firm providing stock trading opportunities.The plaintiff–RKSV Securities India Pvt. Ltd said that it along with its group companies owns...

[UAPA] Contemplation Of Terrorist Act For Years Even Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court

While hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent (AQIS) under the Unlawful Activities (Prevention) Act (UAPA), the Delhi High Court has observed that contemplation of a terrorist act for years even if it may be carried out to after several years constitutes a terrorist act.A division bench of Justice Prathiba M. Singh and Justice Amit Sharma...

Application For Revocation Of Cancellation Of GST Registration Rejected Just Because Taxpayer Did Not Respond To SCN: Delhi HC Revives Application

The Delhi High Court held that the application for revocation of cancellation of GST registration could not have been dismissed, when apart from using the phrase “any supporting documents” and “others”, no further reason was assigned as to why the said application was dismissed.The High Court held so, while observing that the solitary reason which has weighed upon the respondent to...

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma upheld the constitutional validity of proviso to Section 311A...

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The practice directions have been issued by Acting Chief Justice Vibhu Bakhru on December 24. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before...

'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Bench further held that the Respondents did not explain as to why they did not consider the opinion of the Medical...

Delhi High Court Issues Notice To Uber India In Plea Alleging Discrimination By Driver Against Visually Impaired Person

The Delhi High Court has issued notices to Uber India Technologies Pvt. Ltd. and the Ministry of Road Transport and Highways (MoRTH) in a petition filed by a visually impaired advocate against discriminatory treated meted out to him by the drivers engaged with Uber India, and further the lack of proper implementation of policies of the rights of Persons with Disabilities (PwDs) in...

Non-Implementation Of PM-ABHIM Scheme In Delhi Unjustified: High Court Orders Signing Of MoU By January 05

The Delhi High Court has recently ordered signing of an MoU between Union Ministry of Health and Family Welfare and the Delhi Government by January 05, 2025, for implementing PM- Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the national capital.A division bench comprising of Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora noted that the scheme would have...

Delhi High Court Bars Non-Advocates From Appearing Before Consumer Courts

The Delhi High Court has barred the practise of permitting non-Advocates or agents to appear before the Consumer Courts here on the basis of authority letters issued by lawyers, with immediate effect.Justice Sanjeev Narula directed all Consumer Commissions in Delhi to ensure that the parties are represented by Advocates or by the agents or representatives or non-advocates strictly in terms of...

Interest Earned On Borrowed Funds Kept For Acquiring Coal Mine Is Not Revenue Receipt If Coal Mine Is Aborted, Borrowings Are Repaid: Delhi HC

The Delhi High Court recently accepted that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work In Progress.The Division Bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed that if the interest is earned on the amounts temporarily kept...

BSF Personnel Entitled To MACP Benefits Based On Notional Service Till 60 Years: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld BSF personnel's right to the third Modified Assured Career Progression (MACP) benefit. It noted that Dev Sharma v. Indo Tibetan Border Police had mandated uniform retirement at 60 years for all officers of Central Armed Police Forces. Thus, it held that notional service until 60 years must also be...