“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-VI]

Q.26 What are the points to be borne in mind before proceeding to make an unprivileged Will ? Ans. Before proceeding to make a Will, the following points have to be borne in mind:-a) Every person whether male or female and who is of age of majority and capable of making a Will as per Section 59 of the Indian Succession Act, 1925, can make a Will.b) A Will...

CENVAT Credit Is Not Admissible On Input Services Attributable To Trading Activity: CESTAT

The Chandigarh Bench of the Income Tax Appellate Tribunal (CESTAT) has held that CENVAT credit is not admissible on input services attributable to trading activity.The bench of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that the appellants have rendered themselves liable to pay a penalty under Rule 15 of the CENVAT Credit Rules, 2004. However, while...

Supreme Court Quarterly Tax Digest 2023

Building Tax Act 1975 (Kerala); Explanation to Section 3(1) - 'Charitable purpose' not limited to 'free medical relief'- The Explanation goes to indicate that ‘charitable purposes’ includes and is, therefore, not confined to the relief of the poor and free medical relief. Consequently, the decision in SH Medical Centre Hospital vs State Of Kerala & Ors (2014) 11 SCC 381 to the extent...

Bagasse Is An Agricultural Waste: CESTAT Quashes Excise Duty

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), while quashing the excise duty, held that bagasse, being an agricultural waste or residue, could not be manufactured.The bench of Ajay Sharma (Judicial Member) and Anil G. Shakkarwar (Technical Member) has observed that bagasse is only agricultural waste and residue, which itself is not the result of...

Supreme Court To Hear On May 26 Bail Plea Of AAP Leader Satyendar Jain In Money Laundering Case

The Supreme Court will hear on May 26 the plea filed by Aam Aadmi Party leader and former cabinet minister in Delhi government Satyendar Jain seeking bail in a money laundering case. The matter has been listed before a vacation bench comprising Justice Aniruddha Bose and Justice Sanjay Karol. A bench comprising Justice AS Bopanna and Justice Hima Kohli, while considering Jain’s plea...

NSEL Scam: Mumbai Court Slams IO For 'Pick & Choose', Says Selective Investigation Betrays Faith In Economic Offences Wing

A special court in Mumbai has issued process against directors and promoters of India Infoline Commodities Ltd (IICL), Anand Rathi Commodities Ltd (ARCL), and Geojit Comtrade Ltd (GCL) in the 2013 National Spot Exchange Ltd (NSEL) scam.Special Judge A.S. Sayyad under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act) questioned the police...

BREAKING | Supreme Court Refuses To Stop Demolition Of Illegal Constructions In Delhi's Vishwas Nagar, But Gives 7 Days Time To Vacate

The Supreme Court today refused to interfere with a Delhi High Court order for demolition of illegal constructions in Vishwas Nagar area. However, it has asked the Delhi Development Authority (DDA) to stop the demolitions for 7 days so that the dwellers can voluntarily leave the place."If they don't vacate by 29th May, it would be open to DDA to resume their demolition activities. We order...

BREAKING | Supreme Court To Hear TMC MP Abhishek Banerjee's Appeal Against CBI Notice In School Jobs Scam Case On May 26

The Supreme Court has agreed to list on May 26 an appeal filed by TMC leader and MP Abhishek Banerjee against Calcutta High Court's order dismissing his plea to recall the order passed by Justice Abhijit Gangopadhyay on April 13 giving liberty to the CBI and ED to interrogate him in the West Bengal School Job Scam case. A vacation bench comprising Justice Aniruddha Bose and Justice Sanjay...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-IX]

Q.41 Is the examination of the Magistrate who recorded the statement under Section 164 (5) necessary ? Ans. Not always. If there are contradictions or omissions elicited from the person when examined as a witness, then examination of the Magistrate also may be necessary for proving the contradiction and corroboration. The view taken in State of Kerala v. Thomas 2005 KHC 1823...

Poly Centric Nature Of Supreme Court One of Its Biggest Strengths: CJI Chandrachud

Speaking at the farewell function organised by the Supreme Court Bar Association in honour of retiring judges of the Supreme Court Justice K M Joseph, Justice Ajay Rastogi & Justice V Ramasubramanian, Chief Justice DY Chandrachud said that the poly centric nature of the Supreme Court was one of its biggest strengths. “This is a sign of strength because it reflects our diversity. Today...

Senior Lawyer Shashi Kiran Shetty Is Karnataka's New Advocate General

Senior Advocate K Shashi Kiran Shetty has been appointed as the new Advocate General of Karnataka.An alumnus of National Law school of India University, he is the son of former Lokayukta Justice Vishwanath Shetty, having over 23 years of experience in handling matters before various courts across the country. The key areas of his practice are Constitutional Law, Administrative Law,...

Mere Payment By Account Payee Cheque Is Not Sacrosanct : ITAT Disallows Exemption On Penny Stock

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that mere payment by account payee check is not sacrosanct, nor can it make a non-genuine transaction genuine.The bench of Astha Chandra (Judicial Member) and B.R.R. Kumar (Accountant Member) has observed that the assessee cannot escape from the burden cast upon him, and unfortunately, the burden is heavy as the facts...