News Updates
Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act
The Calcutta High Court has recently granted default bail after noting that no notice of the application seeking extension of time in filing of chargesheet under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) had been served upon the accused thereby violating principles of natural justice. A Bench comprising Justice Debangsu Basak and Justice Bibhas...
Non-Deduction of TDS At The Year End As The Amount Payable Was Not Identifiable: Penalty not justifiable- ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Kul Bharat (Judicial Member) and R.K. Panda (Accountant Member), upheld the CIT(A) order, holding that the mere fact that taxes were not deducted on the year end provision but were deducted and deposited upon crystallisation of liability to pay the expenses does not automatically justify the imposition of a...
Bank Entitled To Proceed U/S 13 SARFAESI Act Notwithstanding That Debt Portfolio Was Assigned To It By NBFC: Bombay High Court
The Bombay High Court has held that a Bank, being a "secured creditor" within the meaning of section 2(zd) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), is entitled to initiate proceedings against a debtor under Section 13 thereof, notwithstanding the fact that the assignor of debt portfolio was not a...
Income Tax Authority Did Not Consider The Reply Filed By Assessee; Delhi High Court Sets Aside Penalty Imposed And Directs Fresh Consideration
The Delhi High Court has ruled that a penalty order passed by the income tax authority under Section 271(1)(c) of the Income Tax Act, 1961 without granting a hearing to the assessee is violative of the principles of natural justice. The Bench, consisting of Justices Manmohan and Dinesh Kumar Sharma, quashed the penalty order and remanded the matter back to the income tax authority...
Supreme Court Commences Hearing Pleas Against Lifting Attachment Of Properties Of 63 Moon Technologies
The Supreme Court on Tuesday commenced hearing the Special Leave Petitions preferred by the State of Maharashtra and NSEL Investors Action Group assailing Bombay High Court's order of freeing attachment of assets of 63 Moons Technologies.The High Court had also observed that National Spot Exchange Limited is not a financial establishment under the Maharashtra Protection of Depositors in...
Income Tax Deduction Available On Distribution Of Gifts For Sales Promotion Even If Assessee Refuses To Share List Of Recipients: ITAT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) headed by Rajpal Yadav (Vice President) and Waseem Ahmed (Accountant Member) has held that the assessee was eligible for an income tax deduction on the distribution of gifts for sales promotion even if the assessee refused to share the list of recipients.The assessee/respondent is in the business of installing computers...
License Of Shops Repeatedly Selling Goods In 'Single-Use Plastic' Will Be Cancelled: Greater Chennai Corp Tells Madras High Court
The Greater Chennai Corporation (GCC) has told Madras High Court that over 20 tons of banned single-use plastics have been seized by the authorities between 19.08.2021 to 18.03.2022. According to GCC, 47,961 shops were inspected and 36.50 lakhs was collected as fine for using single-use plastics during this period.In the status report, it has also been submitted that shops that repeatedly...
Delhi Riots Larger Conspiracy: Court Denies Bail To Saleem Khan, Defers Orders On Pleas By Meeran Haider & Sharjeel Imam
A Delhi Court on Tuesday rejected the bail plea of Mohd. Saleem Khan in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.Additional Sessions Judge Amitabh Rawat pronounced the order after hearing Advocate Mujeeb ur Rehman appearing for Saleem Khan and Special Public Prosecutor Amit Prasad appearing for the...
"Can't Say UAPA Not Attracted": Gauhati HC Denies Relief To Man Booked For Alleged FB Post Glorifying Tehreek-E-Taliban
The Gauhati High Court recently refused to quash an FIR registered against a man booked under the Unlawful Activities(Prevention) Act 1967 and Indian Penal Code for allegedly praising and glorifying 'Tehreek-e-Taliban' through his Facebook Post."At this initial stage it cannot be said that the action incorporated in Clause (a), (b), and (c) of Sub-Section (1) of Section 39 of the...
Wife Opposing Husband's Plea For Restitution Of Conjugal Rights Does Not Affect Her Right Of Residence Under Domestic Violence Act: Delhi High Court
The Delhi High Court has observed that the right of residence under the Domestic Violence Act, 2008 is exclusive to and isolated from any right that may arise under Section 9 of the Hindu Marriage Act, 1955, which pertains to restitution of conjugal rights.Justice Chandra Dhari Singh was dealing with a plea filed by a couple, challenging the order of the Additional Sessions Judge confirming...
'War Crime' : Danish Siddiqui's Parents Approach International Criminal Court Against Taliban
The parents of Danish Siddiqui, the Pulitzer award-winning photojournalist of Reuters, have approached the International Criminal Court against Taliban for the killing of their son in Afghanistan in July 2021.Professor Akhtar Siddiqui and Mrs.Shahida Akhtar, the parents of Siddiqui, have filed a complaint with the ICC prosecutor to investigate his killing and bring those responsible,...