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Assistant Teacher Recruitment: Calcutta HC Slams State For Unilaterally Reducing Aspirant's Original Score, Orders Appointment With Retrospective Benefits
The Calcutta High Court on Wednesday slammed State's "mala fide" and "arbitrary" exercise of power in unilaterally altering the original score of a candidate who appeared in the recruitment exam for the post of Assistant Teacher, back in 2012.Observing that the Petitioner-candidate suffered "grave injustice" by not receiving a call for personality test in the selection process, a single bench...
A Relief For Which No Prayer Or Pleading Was Made Should Not Be Granted : Supreme Court
The Supreme Court observed that a relief for which no prayer or pleading was made should not be granted.If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice, the bench comprising Justices Dinesh Maheshwari and Krishna Murari observed.The court...
Supply Of Food And Drinks In Trains Or At Platforms Attracts 5% GST: AAAR
The Delhi Appellate Authority of Advance Ruling (AAAR) has ruled that the GST rate on the supply of food and drinks, whether in trains or at platforms (static units), will attract 5% GST without an Input Tax Credit (ITC). The two-member bench of Mallika Arya and Ankur Garg ruled that the supply of newspapers to pessangers is exempt from GST. The appellant has entered into an...
DGFT Relaxes Provisions Of Submission Of "Bill of Export" To SEZ Units In Case Of EPCG Authorization
The Director General of Foreign Trade (DGFT)has issued a circular relaxing the provision of submission of a "Bill of Export" as an evidence of export obligation discharge for supplies made to the Special Economic Zone (SEZ) units in the case of the Export Promotion Capital Goods (EPCG) Authorization.The Foreign Trade Policy requires the submission of a "Bill of Export" for supplies...
Karnataka High Court Directs Income Tax Department To Issue A 'Nil Tax Deduction At Source' Certificate To Flipkart For Reimbursements Made To Walmart
The Karnataka High Courthas directed the Income Tax Department to issue a 'Nil Tax Deduction at Source' Certificate to Flipkart under Section 195(2) of the Income Tax Act, 1961, with respect to the reimbursements made by it to Walmart Inc. Walmart had seconded employees to Flipkart in terms of a Master Service Agreement. Holding that Flipkart was the employer of the...
Mentioning Referral Of The Matter To Arbitral Institution Is Sufficient; Party Not Required To Name Arbitrator: Karnataka High Court
The Karnataka High Court has ruled that a notice issued by a party, stating that the matter would be referred to the Council of Architecture, is sufficient for the purpose of invocation of the Arbitration Clause, since the Council of Architecture is an arbitral institution within the meaning of Section 11 of the Arbitration and Conciliation Act, 1996. The Single Bench of Justice...
ITAT Quashes Order Holding Air India An Assesssee In Default For Shortfall In Deduction Of TDS On Payments Made To Its Subsidiary
The Mumbai Bench of ITAT has ruled that Air India must be given the benefit of the Proviso to Section 201 (1) of the Income Tax Act, 1961 and hence, it cannot be considered as an assessee in default for shortfall in deduction of TDS on the payments made by it to its subsidiary - Air India Engineering Services Ltd. The Bench, consisting of Kavitha Rajagopal (Judicial Member)...
CAA-NRC Protest | 68 Y/O Advocate Accused Of Damaging Vehicles, Assaulting Public Servants Granted Pre Arrest Bail By Allahabad HC
The Allahabad High Court recently granted pre-arrest bail to two practising advocates accused of damaging vehicles and assaulting public servants during CAA-NRC Protests in 2019.The bench of Justice Raj Beer Singh granted bail to 68-year-old Wajid Khan (having 40 years of practice experience as an advocate). The Court also granted bail to another advocate who is 60 years old.Essentially,...
'FIFA Requires Democratically Elected AIFF To Oversee U-17 Women's World Cup' : Supreme Court To Look Into Election Issues On August 3
While hearing petitions pertaining to the constitution of the All India Football Federation (AIFF), the Supreme Court on Thursday orally informed that it would look into the issues such as the electoral roll and the manner of elections of the All India body on August 3, 2022."This is because the FIFA requires a democratically elected body of AIFF to oversee the FIFA U-17 Women's World Cup",...
Order Of Facilitation Council, After Termination Of Conciliation Under MSMED Act, Not Executable: Delhi High Court
The Delhi High Court has ruled that an order passed by the Facilitation Council under Section 18 of the Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act) after the termination of conciliation proceedings, without taking the dispute up for arbitration or referring it to an institution or centre for arbitration, is a nullity and does not constitute an arbitral...
TPO Not Justified In Treating The Value Of International Transaction Of "Payment of Corporate IT Support Services" To Be Nil: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that the TPO was not justified in treating the value of international transactions "Payment of Corporate IT Support Services" as NIL.The two-member bench headed by Pramod Kumar (Vice President) and Sandeep Singh Karhail (Judicial Member) has observed that no search was conducted to find out the independent entity in...