"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act"), which proposed to acquire certain land near the "Line of Actual Control" (LAC) for meeting the purposes of the Indo-Tibetan Border...

'Absolutely Extraneous': Rajasthan HC Quashes Recommendation Rejecting Rape Convict's Plea To Be Sent To Open Air Camp As Other Ladies Living In Camp

The Rajasthan High Court has quashed the recommendation of the respondent-state, which rejected a rape convict's application for being sent to Open Air Camp. The Superintendent of Jail had not recommended the case of the petitioner for being sent to the Open Air Camp as he was of young age and that other convicts are residing in the Camp with their wives and daughters. The Committee...

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner herein had claimed that he had joined the services of the Respondent in 1983 and was performing the duties of the labourer/table work as...

Delhi High Court Weekly Roundup: March 7 To March 13, 2022

CITATIONS 2022 LiveLaw (Del) 172 TO 2022 LiveLaw (Del) 201NOMINAL INDEXAlapan Bandyopadhyay v. Union of India & Anr. 2022 LiveLaw (Del) 172Mujeeb Ur Rehman v. Registrar General, Delhi HC 2022 LiveLaw (Del) 173Kurz India Private Limited Versus Principal Commissioner of Income Tax-5, New Delhi 2022 LiveLaw (Del) 174Jai Singh Goel Versus Chief Commissioner Of Income Tax(Central) 2022...

AO's claim That The Assessee Is Only Into Job Work And Not Manufacturing Rejected, Deduction Allowed By ITAT Delhi

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) while allowing the deduction under Income Tax Act has rejected the claim of AO that the assessee is only into job work and not manufacturing.The two-member bench consisting of Anubhav Sharma (Judicial Member) and Anil Chaturvedi (Accountant Member) held that the transformation of articles to bring new articles into existence...

'Buses Shall Be Seized If Operators Found Picking & Dropping Passengers In Violation MV Act', Rajasthan High Court

The division bench of Rajasthan High Court ordered that buses shall be seized of those bus operators who are found picking and dropping passengers in violation of relevant rules and regulations framed under the Motor Vehicles Act as also under the local laws. Essentially, the public interest litigation has been filed praying that instead of making operational bus-stand at the...

'Stop Unlicensed Outlets Operating Through Food Delivery Apps' : Restaurateur's Association Approaches Bombay High Court

The Indian Hotel and Restaurant Association has approached the Bombay High Court against food outlets operating "illegally" on food delivery applications like Swiggy. Zomato and Dunzo. The plea filed under Article 226 of the constitution seeks directions for registration of FIR against the applications and to initiate a thorough investigation. As also for all organisations who...

High Court Directs Delhi University To Devise Mechanism For Issuance Of Attested Marksheet Manually To Students In Urgent Need

The Delhi High Court has directed the Delhi University to put in place a mechanism so that in case of any urgency, a student can write an email to the concerned Dean of Examinations who shall then consider the said request and issue the attested marksheet or transcript manually within a period of 5 working days.Justice Pratibha M Singh issued a slew of other directions in a bunch of pleas...

"No Prima Facie Illegality" : Telangana High Court Refuses To Stay Suspension Of BJP MLAs From Assembly

The Telangana High Court denied relief to BJP MLAs who sought stay on the operation of Telangana Legislative Assembly-respondent's action, suspending them from service for the rest of the ongoing Budget session of the Assembly. The present plea was filed by M. Raghunandan Rao, E. Rajender and T. Raja Singh. The petitioners also sought direction to the Speaker to allow them to...

Interest On Income Tax Refund Not Connected To Permanent Establishment Under DTAA, Cannot Be Taxed As Business Income: Dehradun ITAT

The Dehradun Bench of ITAT, consisting of members Amit Shukla (Judicial Member) and Dr. B. R. R. Kumar (Accountant Member), has ruled that interest on income tax refund received by a foreign enterprise is not effectively connected to its Permanent Establishment in India and therefore it cannot be taxed as its business income under Income Tax Act, 1961. The ITAT also held that receipts...

CESTAT Directs Central Excise Dept. To Reconsider Refund of Cenvat Credit To Tata Consumer Products

The Banglore Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of P.Dinesha (Judicial Member) directed the Central Excise Department to reconsider the refund of cenvat credit to Tata Consumer Products. The appellant/assessee, a 100% export-oriented unit (EOU), has been engaged in the manufacture and export of tea bags and packet tea. The appellant...

Additional/Joint Commissioner Now Empowered to pass Order on Notices issued by DGGSTI: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) while notifying the jurisdiction of central tax officers, empowered additional or joint commissioners to pass orders on notices issued by Directorate General of Goods and Services Tax Intelligence (DGGSTI). In exercise of the powers under section 3 read with section 5 of the Central Goods and Services Tax Act, 2017 and section 3...