Delhi High Court
Income Tax Dept. Not Under The Obligation To Grant Additional Tax Concession As Per BIFR’s Order: Delhi High Court
The Delhi High Court has held that the income tax department is not under the obligation to grant additional tax concessions as per the order passed by the Board for Industrial and Financial Reconstruction (BIFR).The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the obligation to extend further concessions could not be imposed on the Central Government (Income...
No-Claim-Certificate (NCC) Executed Under Duress, Contractor Entitled For Damages : Delhi HC Reiterates
The Delhi High Court has held that mere execution of an NCC in favour of the employer would not disentitle the contractor from later claiming damages if it is shown that it was executed under duress and not out of free will. The bench of Justice Manoj Kumar Ohri held that an endorsement given by Contractor, while seeking extension of time, would not come in its way in seeking...
Settlement Of Non-Compoundable Offences Through Mediation Agreements Not Permissible: Delhi High Court Issues Guidelines To Mediators
Observing that settlement of non-compoundable offences through mediation agreements is not permissible, the Delhi High Court has issued various guidelines to be followed in such cases by mediators in all mediation centres in the national capital. “… to permit the accused and complainant to compromise an offence on payment of money, in session triable serious criminal cases which...
Delhi High Court Seeks Centre's Stand On Plea Against Inclusion Of CAs Within ‘Reporting Entities’ Under PMLA
The Delhi High Court on Monday sought the stand of the Union Government on a plea challenging the inclusion of Chartered Accountants, Company Secretaries or Cost Accountants within the definition of “Reporting Entities” and casting other obligations on them under the Prevention of Money Laundering Act (PMLA).A division bench comprising Chief Justice Satish Chandra Sharma and Justice...
Delhi High Court Weekly Round-Up: August 14 To August 20, 2023
Citations 2023 LiveLaw (Del) 682 to 2023 LiveLaw (Del) 713NOMINAL INDEXOxfam India Versus Deputy Commissioner Of Income Tax 2023 LiveLaw (Del) 682 RANJEET KUMAR YADAV v. STATE OF NCT OF DELHI 2023 LiveLaw (Del) 683 H&M Pvt. Ltd. vs Legal Metrology Department, Govt. of NCT of Delhi 2023 LiveLaw (Del) 684 SRI SATYA SAI UNIVERSITY OF TECHNOLOGY AND MEDICAL SCIENCES SEHORE v. UNION OF...
Publish Notification Withdrawing Mandate Of Delhi-NCR Address Aadhar Card In Four Weeks: High Court To Bar Council Of Delhi
The Delhi High Court on Monday directed the Bar Council of Delhi to notify on its website the notification which withdrew an earlier notification issued on April 13 making filing of Aadhar Card and Voter ID bearing address of Delhi or NCR region mandatory for future enrolments.A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula granted four weeks’ time to...
Toolkit Case: Disha Ravi Moves Delhi High Court Seeking Modification Of Bail Condition Restricting Foreign Travel Without Prior Permission
Climate activist Disha Ravi, accused in the 2021 “toolkit case”, has moved the Delhi High Court seeking modification of a bail condition requiring her to obtain prior permission from court each time before travelling abroad.Justice Swarana Kanta Sharma reserved the order.Ravi was arrested by the Delhi Police from her Bengaluru residence on February 13, 2021. She was later granted bail by...
Delhi High Court Dismisses PILs Alleging Violation Of Regulatory And Privacy Norms By Google Pay
The Delhi High Court has dismissed two public interest litigations filed against Google Pay alleging that the payment platform violated regulatory and privacy norms under the Indian law. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad rejected the petitions moved by Abhijit Mishra, who sought directions on Reserve Bank of India to direct Google Pay to...
Clause Restricting Right To Invoke Arbitration To Only 6 Months Invalid; Cannot Restrict To Period Lesser Than Provided Under Limitation Act: Delhi HC Reiterates
The High Court of Delhi has reiterated that an arbitration clause that restricts the right of a party to a mere of 6 months is invalid. The bench of Justice Yogesh Khanna held that the right to invoke arbitration cannot be restricted to a period lesser than that provided under the Limitation Act, 1963. The Court was hearing an application under Section 11(6) filed by G.S. Express Pvt...
Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. “Though at the stage of charge the court is not required to pass detailed order. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh...
Delhi High Court Quashes Income Tax Penalty Notice Issued On The Strength Of A Non-Existent Assessment Order
The Delhi High Court has quashed the penalty notice issued on the strength of a non-existent assessment order.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the department had issued a show cause notice for penalty under Section 271 F on the strength of an assessment order dated May 9, 2023, which was already set aside by the Division Bench of the Delhi...
Notice Lacked Reasons to Show Wrongful Availment Of ITC: Delhi High Court Releases Seized Currency, Other Valuable Assets
The Delhi High Court has directed the release of the currency and other valuable assets seized from the petitioner during the search proceedings.The bench of Justice Vibhu Bakhru and Justice Purushaindra Kumar Kaurav has observed that the notice under Section 74 of the CGST Act does not specify any particular reasons to show that "input tax credit has been wrongly availed of or...