News Updates
Clarificatory Circular Operates Retrospectively And Does Not Bring Anything New: Gauhati High Court
The Gauhati High Court has reiterated that a circular issued by the Central Board of Excise and Customs [CBEC] which only clarifies the CBEC's original instructions and does not bring anything new is clarificatory in nature and operates retrospectively. The Single Bench of Justice Devashis Baruah held that the exceptions enumerated in the clarificatory circular issued by CBEC,...
"No Infirmity": High Court Upholds Delhi Police's Standing Order Mandating Inclusion Of Advocate's Details In Criminal Dossier Of Accused
The Delhi High Court has upheld a standing order issued by the city police mandating inclusion of Advocates' details in Criminal Dossier of an accused, observing that there was no infirmity in the same.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla was of the view that merely because particulars of the advocate may be entered into the...
Due Date For Filing GST PMT-06 Extended To 24 May, 2022: CBIC
The Central Board of Indirect Taxes And Customs (CBIC) has extended the due date for filing GST PMT-06 for the month of April, 2022, till May 24, 2022, owing to a technical glitch.The due date for filing FORM GSTR-3B for the month of April, 2022 has been extended till May 24, 2022.CBIC acknowledged that a technical glitch has been reported by Infosys in the generation of April GSTR-2B...
Non Consideration Of Detailed Reply To Show Cause Notice Submitted After Stipulated Time, Delhi High Court Quashes Reassessment Order
The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has quashed the reassessment order, alleging income of more than Rupees one lakh crore having escaped assessment on the grounds of violation of natural justice.The petitioner/assessee has submitted that the order under Section 148A (d) of the Income Tax Act was passed without considering the replies filed by...
Flooded Roads & Blocked Canals: Kerala High Court Calls For Strict Action Against Discarding Garbage In Drains
The Kerala High Court on Thursday directed the Secretary of the Cochin Corporation to initiate strict action against those dumping garbage into canals and drains, aggravating the flooding of roads and causing blockage of drains in the State.Justice Devan Ramachandran began the interim order with an observation that as much as the Court did not desire to control the management of the drains or...
'No Legitimate Expectation': Kerala High Court Dismisses Private Bus Operators' Plea For Extension Of Tax Exemption Granted During Covid-19
The Kerala High Court on Wednesday dismissed a batch of petitions moved by private bus operators seeking an extension of the tax exemption granted to them owing to the Covid-19 pandemic in 2020-2021. "Since exemption from payment of tax was granted for reasonable periods, it cannot be said that despite the restrictions and regulations brought in due to Covid-19 pandemic, the Government had...
'Beneficial Nature Of Scheme Can't Be Doubted': Sikkim High Court Disposes Plea Challenging State's "One Family One Job" Policy
The Sikkim High Court has refused to interfere with the State Government's 'One Family One Job' scheme. While hearing a challenge to the state policy, a Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai observed, "As such, the bona fides of the exercise undertaken under the Scheme cannot be held to be suspect since its object and purpose was to provide...
Arbitral Award Rendered Mechanically, Awarding Lower Value For Land Acquired Under NHA: Madras High Court Remits Matter Back To Arbitrator
The Madras High Courthas ruled that an arbitral award rendered by the District Collector awarding a lower value to the land owners with respect to the land acquired under the National Highways Act, 1956 without following the mandate of Section 3G (7) of the National Highways Act, is rendered mechanically. The Bench, consisting of Justices R. Subramanian and N. Sathish Kumar, remitted...
If Allegations In FIR Are Not Substantiated, Continuance Of Investigation Is Abuse Of Law: J&K&L High Court Quashes Corruption FIR Against SHO
The Jammu and Kashmir High Court recently quashed an FIR against a Station House Officer, accused for offences under Section 4-A of J&K Prevention of Corruption Act and Section 120-B RPC. Justice Sanjay Dhar observed: "It is a settled law that if allegations made in the FIR are not substantiated by the material assembled by the investigating agency during investigation of the...
No Direction Can Be Passed To Sell Property To Third Party In Section 9 Petition Of The A&C Act: Calcutta High Court
The High Court of Calcutta has held that no direction can be passed to sell property to third party in Section 9 petition of the A&C Act The Single Bench of Justice Moushumi Bhattacharya has held that a direction to sell the subject property to an outsider who was not a party to the arbitral proceedings would result in the property going out of the girdle of the arbitration and...
Calcutta High Court Seeks Report From Police Superintendent On BJP MLA Suvendu Adhikari's Plea Alleging Illegal Search Operation At His Office
The Calcutta High Court on Thursday directed the Superintendent of Police, Purba Medinipur to file a report on the alleged search conducted by police authorities at the office of BJP MLA and Leader of Opposition of West Bengal Suvendu Adhikari last Sunday. Adhikari had contended that a police team had raided his office situated in Nandigram in West Bengal's Purba Medinipur district,...
Gauhati High Court Confers 'Senior Designation' On 15 Advocates
The Gauhati High Court on Thursday notified designation of 15 Advocates as Senior Advocates.The notification reads as follows:"In exercise of powers conferred under Section 16(2) of the Advocates Act, 1961, read with Rule 3(1) of the Gauhati High Court (Designation of Senior Advocates) Rules, 2018, the Gauhati High Court is pleased to designate the following Advocates as Senior Advocates...