News Updates
Weekly Round-Up of Tax Cases: May 15 To May 21
Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council are not binding on...
Registrar Of The Jharkhand Cooperative Society, Who Also Is The Ex-Officio Director Of The Respondent, Jharkhand High Court Says Appointment As Arbitrator Not Barred As Parties Had Agreed Earlier
The Jharkhand High Court has ruled that just because registration was granted to a party by a State Cooperative Society, presumption against the independence and impartiality of the Registrar of the said State Cooperative Society to act as an Arbitrator cannot arise. The Single Bench of Justice Sujit Narayan Prasad held that by merely raising apprehension regarding the independence...
The Arbitrator Cannot Allow Forfeiture Of A Substantial Amount Of Consideration Without Proof Of Actual Loss Solely On The Ground That It Was Earnest Money: Delhi High Court
The High Court of Delhi has held that the arbitrator cannot allow forfeiture of a substantial amount of consideration without the proof of actual loss solely on the ground that it was referred to as Earnest Money under the contract. The Single Bench of Justice Vibhu Bakhru partly set aside an award on the ground that the arbitrator wrongly allowed the forfeiture of Earnest Money...
Delhi High Court Notifies Arrangement Of Hearing Urgent Matters During Summer Vacations 2022
The Delhi High Court has notified it's arrangement of hearing urgent matters during summer vacations, 2022 commencing from June 6 to July 1, 2022. The arrangement is in the following terms:- Justice Manoj Kumar Ohri and Justice Poonam A. Bamba: June 4 to June 10- Justice Jyoti Singh and Justice Anoop Kumar Mendiratta: June 11 to June 17- Justice Jasmeet Singh and Justice Dinesh Kumar Sharma:...
Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC
The Allahabad High Court recently observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the family court rejecting the plea of one...
"Feeling Of Hurt Felt By An Individual Cannot Represent Entire Community": Delhi Court Grants Bail To DU Professor Arrested Over Post Relating To Gyanvapi Mosque
A Delhi Court on Saturday granted bail to Ratan Lal, a professor of history at Delhi University, arrested over a social media post in relation to the recent controversy regarding Gyanvapi Mosque, after observing that the feeling of hurt felt by an individual cannot represent entire group or community.Ratan Lal was arrested under sec. 153A and 295A of Indian Penal Code for posting...
Gujarat High Court Grants Bail To Man Accused Of Abetting Suicide Of Mentally Depressed Wife By Demanding Dowry
The Gujarat High Court has recently granted bail to a man accused under Sections 306, 498A and 506(2) of the Indian Penal Code and under Sections 3 and 4 of the Prohibition of Dowry Act for abetting the suicide of his wife by demanding dowry.A Bench comprising Justice Gita Gopi observed that given the fragile mental state of the deceased person and the fact that the trial would take...
"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project
The Allahabad High Court recently dismissed pleas challenging land acquisition notifications of the Union Government for the purpose of widening, maintenance, management, and operation of National Highways in district Pilibhit under the Green National Highway Corridor ProjectThe Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir noted that the project is for the development...
Husband Entitled Capital Gain Exemption For Asset Bought In The Name Of The Wife: ITAT
The Jaipur Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Dr. S. Seethalashmi (Judicial Member) and Rathod Kamlesh Jayantbhai (Accountant Member) held that the husband was entitled to a capital gain exemption for assets bought in the name of the wife. The assessee, Kaushlendra Singh, sold immovable property for a consideration of Rs.14,75,000. The value of which...
Allahabad HC Refuses To Quash FIR Against Lucknow University Prof Ravi Kant Over His Remarks On 'Gyanvapi Dispute', Hindu Saints
The Allahabad High Court on Thursday refused to quash an FIR registered against Lucknow University, Professor Ravi Kant Chandan, over his alleged 'derogatory' remarks against Kashi Vishwanath Temple, Hindu saints in connection with the ongoing Kashi Vishwanath Temple-Gyanvapi Mosque dispute.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur, however, directed UP police to...
Delay Of 18 Months In Filing Appeal Without Reasonable Justifications: Madhya Pradesh High Court Upholds Cancellation Of GST Registration
The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Maninder S. Bhatti has upheld the cancellation of GST registration as there was a delay of 18 months in filing the appeal without reasonable justification. The petitioner company/assessee was registered under the Goods and Services Tax Act, 2017. On account of non-filing of a return, the GST number allotted to...
No Opportunity Of Personal Hearing Granted To Taxpayer: Delhi High Court Quashes Assessment Order
The Delhi High Court bench of Justice Rajiv Shakdher and Justice Talwant Singh has quashed the assessment order as an opportunity of personal hearing was not granted to the taxpayer.The petitioner/assessee had filed his return of income for AY 2018-2019 on 31.03.2019. The petitioner pegged his taxable income at Rs. 29,66,880. The Assessing Officer picked up the petitioner's...