News Updates
Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse. The Single Bench of Justice P.T. Asha held that an Arbitrator exercising jurisdiction under the National Highways Act has to be more vigilant in ensuring that the arbitral award...
Asking Husband To Produce Salary Slip In Maintenance Proceedings Can't Be Termed As Violation Of Privacy: Madhya Pradesh High Court
The Madhya Pradesh High Court (Gwalior Bench) has observed that giving an opportunity to the husband to file his salary slip for effective adjudication of the maintenance proceedings cannot be said to be depriving him of his life and personal liberty.The Bench of Justice G. S. Ahluwalia further held that asking the husband to produce his salary slip in such a proceeding cannot be termed as...
Void Ab Initio Appointment Of Arbitrator, The Court Has Jurisdiction Under Section 11 Of A&C Act To Appoint A New Arbitrator: Madhya Pradesh High Court
The High Court of Madhya Pradesh has ruled that once the appointment of arbitrator is void ab initio and the arbitrator is ineligible by virtue of Section 12 (5) of the Arbitration and Conciliation Act, 1996 (A&C Act), then the procedure prescribed under Sections 12, 13 and 14 of the A&C Act for challenging the appointment of an arbitrator are not applicable. The Single Bench...
GSTN Enables Functionality Of AATO For The FY 2021-22 On Taxpayers' Dashboards
The Goods and Service Tax Network (GSTN) has enabled the functionality of Annual Aggregate Turnover (AATO) for the FY 2021-22 on taxpayers' dashboards.Taxpayers may now check the precise Annual Aggregate Turnover (AATO) for the previous fiscal year (FY). The taxpayers can also view the Aggregate Turnover of the current FY based on the returns filed till date. The taxpayers have...
Assessing Officer Cannot Apply Wrong Method In Absence Of Audited Financials Of AE: Delhi ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Yogesh Kumar (Judicial Member) and Dr. B.R.R. Kumar (Accountant Member) has held that the AO cannot give benefit to the assessee for non-cooperation in providing audited financials of associated enterprises (AE). The appellant/assessee company, Olympus India, incorporated on October 20, 2009, is a wholly...
Non Filing Of Response Due To Technical Glitch In E-Filing Portal: Delhi High Court Quashes The Order And Directs Fresh Hearing
The Delhi High Court bench of Justice Manmohan and Justice Subramonium Prasad has held that the taxpayer could not file a response under the Faceless Scheme due to a technical glitch in the e-filing portal. The petitioner/assessee has challenged the ex-parte order passed under Section 147 read with Section 144 of the Income Tax Act, 1961. The department passed the order under Section...
Merely Obtaining 'Occupancy Certificate' Before S.3 RERA Came Into Force Would Not Oust Jurisdiction Of Regulatory Authority: Punjab & Haryana HC
The Punjab and Haryana High Court recently observed that obtaining of an occupancy certificate will not render anyone to be outside the purview of the jurisdiction of the State Real Estate Regulatory Authority. Justice Amol Rattan Singh observed: "There being a difference carved out in the Act itself as to what is a completion certificate and an occupancy certificate, unless...
Municipal Board Has No Power To Review Its Own Decision Unless Statutorily Provided: Uttarakhand High Court
The Uttarakhand High Court has held that a Municipal Board has no power to review its own decision unless that is provided under the governing statute itself. A Single Judge Bench of Justice Sharad Kumar Sharma observed, "Rather, this Court is of the view that the passing of the impugned resolution by way of exercising a power of review too will not fall to be within a zone...
Factual/ Legal Errors In Arbitral Award Falling Short Of Perversity Do Not Merit Interference U/S 34 Or 37 Of Arbitration Act: Delhi High Court
The Delhi High Court has observed that the Arbitrator or Tribunal is the final arbiter on facts as well as in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sec. 34 or 37 of the Arbitration and Conciliation Act, 1996. A division bench comprising of Justice Mukta Gupta and Justice Neena Bansal Krishna was dealing with an appeal under sec....
A Document Can Be Treated As A Promissory Note Only When It Is Promissory Both In Form & Intent: Chhattisgarh High Court Reiterates
The Chhattisgarh High Court has emphasized that a document can be treated as a promissory note only when it is promissory both in form and intent. Justice Narendra Kumar Vyas remarked that if the indebtedness is acknowledged in the document that any defined sum of money is payable on demand, only then the document can be said to be a promissory note.A first appeal was filed under Section 96...
ITAT Final Arbiter Of Facts, Its Order Can Be Interfered With Only If There Is Substantial Question Of Law, Manifest Illegality/ Perversity: Delhi HC
Observing that the Income Tax Appellate Tribunal (ITAT) is the final arbiter of the facts, the Delhi High Court has observed that the High Court can interfere with its order only if there is substantial question of law or there is manifest illegality or it suffers from perversity.Justice Manmohan and Justice Dinesh Kumar Sharma was dealing with an appeal challenging the order dated...