Telangana High Court
Loss Of FD Investments Doesn't Qualify As 'Trading Loss' For Deduction From Income U/S 28 Of Income Tax Act: Telangana HC
The Telangana High Court has held that the loss of fixed deposit investments by an assessee does not qualify as a 'trading loss' for the purposes of claiming deduction from income under Section 28 of the Income Tax Act, 1961. Under Section 28, one may deduct expenses that are fully and solely incurred in the course of operating a business or practicing a profession. In the case...
Only Income From Investment Made By Charitable Institution In Violation Of S.13(1)(d) Income Tax Act Is Liable To Tax: Telangana HC
The Telangana High Court has held that the benefit of exemption under Section 11 of the Income Tax Act, 1961, can be denied only on income from such investments made by charitable or religious institutions, which are in violation of Section 13(1)(d) of the Act. Section 11(1) of the Act mandates that any income derived from the property held under the trust wholly for charitable purpose...
MSEFC Must Decide Question On Limitation Before Adjudicating Dispute On Merits: Telangana High Court
The Telangana High Court bench of Justice P. Sam. Koshy, while hearing a petition filed under Article 227, has held that the issues of maintainability, particularly the question of limitation, are to be decided by the Micro and Small Enterprises Facilitation Council (MSEFC) before proceeding to adjudicate the dispute on merits. Facts: In a common order dated 15/06/2024, the MSEFC,...
Adhere To UGC/Bar Council Of India Guidelines: Telangana High Court Tells State In Plea Against "Undue Delay" In LLB Admissions
While disposing of a PIL highlighting "unreasonable delay" in admissions to law courses in the state, the Telangana High Court has asked various respondents including the State authorities to make a "sincere" endeavour to adhere to guidelines of the University Grants CommissionBar Council of India with respect to admissions in law schools.The court passed the order while disposing of a...
Regularizing Contractual Employees Appointed Against Public Policy Bad In Law: Telangana HC Declares S.10-A Of 1994 Law Ultra Vires
The Telangana High Court has, in a case pertaining to regularization of contractual employees, declared Section 10-A of the Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires.The provision was challenged for allegedly regularizing illegal appointments made on contractual basis. Division bench of Justice Sujoy Paul...
When Multiple Agreements Are Not Interconnected, Arbitration Clause In Any One Agreement Can't Justify Referring All Disputes To Arbitration: Telangana HC
The Telangana High Court bench of Chief Justice Alok Aradhe and Justice Sreenivas Rao, affirmed that where multiple agreements are interconnected and form part of a single commercial transaction then only the presence of an arbitration clause in one or more agreements can justify referring all disputes, involving all agreements and parties, to arbitration. This is true even if some...
Telangana High Court Asks Assembly Speaker To Decide Disqualification Pleas Against MLAs Who Defected From BRS 'Within Reasonable Time'
The Telangana High Court on Friday (November 22) set aside a September order of the single judge which had directed the Secretary of the legislative Assembly to place the disqualification pleas pending against MLAs–who defected from Bharat Rashtra Samithi (BRS)–before the Assembly Speaker to fix a schedule of hearing within four weeks.In doing so the high court said that Speaker of...
Amount Received By Assessee Under Agreement To Not Carry On Competitive Business Is In Nature Of 'Capital Receipt', Not Exigible To Tax: Telangana HC
The Telangana High Court has held that the amount received by the developer of Hepatitis-B vaccine, under a co-marketing agreement with PFIZER Company, is a capital receipt not liable to tax. A division bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao reasoned that the developer-assessee's right to promote, market, distribute or sell the vaccine or a new competitive...
[Deemed Dividend] Accumulated Profits Of Company U/S 2(22)(e) Of Income Tax Act Are Computed After Adjusting Depreciation: Telangana HC
The Telangana High Court has held that for purposes of taxation, “accumulated profits” of a company are to be calculated after adjusting depreciation as per the Income Tax Act, 1961. In ruling so, a division bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao cited two rulings of the Bombay High Court which held that “depreciation as granted in accordance with...
Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC
While upholding the validity of an order issued by the Transmission Corporation of Telangana Limited (TRANSCO) deleting beneficial provisions regarding service weightage for promotion to Additional Assistant Engineer posts, the Telangana High Court ruled that the corporation has the power to amend the relevant service regulations. A division bench of Justice Sujoy Paul and Justice...
8 Month "Absolute Lull" When Girl Went Missing, No Signs Of Forcible Detention On Her Body: Telangana HC Nixes Man's Rape Conviction
The Telangana High Court set aside a man's conviction for allegedly raping a girl for eight months after noting that if the girl was– as claimed by her, detained for eight months and her limbs were tied, her body would show signs of forcible detention which was not the case- raising suspicion about this version. In doing so the court further observed that there was an absolute "lull"...
Lok Adalat Has Power To Pass Compromise Award, Cannot Adjudicate In Absence Of Settlement: Telangana High Court
While quashing an order of a Mandal Legal Services Committee (MLSC) after noting that it was not a compromise/settlement award but in the nature of an execution petition pertaining to a property dispute suit, Telangana High Court said that the committee had exceeded its jurisdiction. In doing so the high court reiterated that Lok Adalats, including the MLSC, are meant solely for conciliation...