News Updates
ITAT Mumbai: Sale Of TDRs Does Not Attract Capital Gains Tax
The ITAT Bench of Mumbai, consisting of members Pavan Kumar Gadale (Judicial Member) and Prashant Maharishi (Accountant Member), has ruled that sale of transferable development rights does not attract capital gains tax since the cost of acquisition for the same does not exist. The Assessing Officer (AO) had issued a notice under Section 147 of Income Tax Act, 1961,...
CBIC Suggests List Of Items In Toolkit For Anti -Evasion/Preventive Teams
The Central Board of Indirect Taxes and Customs (CBIC) has suggested the list of items in the toolkit for anti-evasion or preventive teams.The Board has suggested 18 items namely battery power banks; binoculars; car inverter to operate printer etc. independently; comprehensive first aid box; drug detection/ narcotics test kit; fabric thickness gauge; faraday Bag (cuts off Mobile etc....
Provisional Attachment under CGST Act Ceases After Expiry Of One Year: Rajasthan High Court
The Rajasthan High Court has ruled that the provisional attachment under CGST Act ceases to have effect after expiry of one year. The division bench headed by the Chief Justice Akil Kureshi and Justice Sudesh Bansal while listing the matter on March 22, 2022 stayed the provisional attachment. The bank account of the petitioner/assessee was placed under provisional attachment by an...
Income Tax Notice, Revisionary Proceedings Against A Dead Person Is Void: ITAT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the notice issued against a dead person is null and void and all consequent proceedings or orders being equally tainted are liable to be set aside.The two-member bench of Amit Shukla (Judicial Member) and Pradip Kumar Kedia (Accountant Member) has observed that the entire proceedings beginning from issue of show...
No Opportunity Of Hearing Given To Managing Director Imprisoned In UAE: Kerala High Court Quashes Income Tax Assessment Orders
The Kerala High Court has quashed the income tax assessment order on the grounds that no opportunity of hearing was given to the Managing Director who was imprisoned in UAE.The single bench of Justice Bechu Kurian Thomas has ruled that the principle of natural justice has twin ingredients, firstly opportunity to show cause and of being heard should be given, it must be a real...
'Influence Of Highly Placed Individuals' : Calcutta HC Orders CBI Probe In Another Teacher Recruitment Scam Case In WB Gov Run Schools
The Calcutta High Court on Thursday again ordered for a Central Bureau of Investigation (CBI) probe in another matter pertaining to the alleged illegal appointment of assistant teachers in State run schools in West Bengal. The Court was adjudicating upon a batch of pleas alleging the illegal appointment of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the...
Blacklisting Of An Entity By Govt In A Contractual Matter Is Subject To Doctrine Of 'Proportionality': Orissa High Court
The Orissa High Court has ruled that the decisions of government to blacklist entities in contractual matters are subject to the 'doctrine of proportionality'. While allowing the writ petition filed against a blacklisting order, a Division Bench of Justices Dr. B.R. Sarangi and S.K. Panigrahi held, "It is also well settled that the High Court, while exercising power of...
Delhi High Court Refuses To Quash FIR Alleging Sexual Harassment At Workplace, Status Report On Investigation Sought
Refusing to quash an FIR alleging sexual harassment of a female employee at workplace, the Delhi High Court has sought a detailed status report from the Police under the signatures of the DCP concerned.Justice Mukta Gupta sought a detailed status report in the matter after carrying out a proper investigation.The Court was dealing with a petition seeking quashing of FIR registered under...
Devotees Expected To Enter Temples In Proper Dress Code; Temples Having Dress Code May Fix Visible Sign Boards : Madras High Court
In a plea for a mandatory dress code to allow entry into temples, Madras High Court has observed that devotees are expected to enter the temple premises in proper dress code.However, the Court also held that it cannot issue a general direction to all temples to put up signboards prescribing the dress code as suggested by the petitioner.A division bench of Chief Justice Munishwar Nath Bhandari...
During Confiscation Proceedings Magistrate Has No Jurisdiction To Release Vehicle Seized U/S 72 UP Excise Act: Allahabad HC
The Allahabad High Court on Friday observed that during the confiscation proceedings initiated under the Uttar Pradesh Excise Act, 1910, the Magistrate has no power under sections 451 or 457 Cr.P.C. to release the vehicle in question.The Bench of Justice Syed Aftab Husain Rizvi has concluded thus in view of the law laid down by the Allahabad High Court in the case of Ved Prakash vs. State of...
Madhya Pradesh High Court Imposes ₹25K Cost On Police Officer For Furnishing Incorrect Information To Court
The Madhya Pradesh High Court recently imposed a cost of Rs. 25,000 on a Station House Officer for providing incorrect information to the Court regarding criminal antecedents of the bail Applicants in a case. Justice Vishal Mishra was essentially dealing with an application under Section 482 of CrPC, moved by the Applicants seeking a modification in their bail order passed by the...