Party Can’t Restrict Limitation Period For Invoking Arbitration Contrary To Limitation Act : Delhi High Court

The Delhi High Court has ruled that, in view of Section 28 of the Indian Contract Act, 1872, a party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limitation period provided by law. The Court observed that a lesser period of limitation provided under the Contract between the parties would be hit by Section 28. While dealing...

Assessee Not Responsible To Explain Recipients Of Receipts Shown In Form No. 26AS: ITAT

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the assessee is not responsible to explain the recipients of the receipts shown in Form No. 26AS.The two-member bench of Anubhav Sharma (Judicial Member) and N.K. Billaiya (Accountant Member) while deleting the additions observed that the Assessing Officer should have asked the payer, for details of the payee to whom...

Amount Deposited In The Personal Ledger Account Until It Is Not Debited Towards Duties Is Property Of The Assessee: CESTAT

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the amount deposited in the Personal Ledger Account (PLA) until such time as it is not debited towards duties is the property of the appellant.The bench of Anil G. Shakkarwar (Technical Member) has observed that the amount deposited in PLA is an advance kept by the assesses with the exchequer,...

‘Killed Because He Was Hindu’: Delhi Court Frames Charges Against Tahir Hussain, Others For Murder Of IB Staffer Ankit Sharma

A Delhi Court on Thursday framed charges against former Aam Aadmi Party Councillor Tahir Hussain and 10 other men in the murder case of Intelligence Bureau staffer Ankit Sharma, who was killed during the 2020 Northeast Delhi riots.Additional Sessions Judge Pulastya Pramachala framed charges against Hussain and others under sections 147, 148, 153A, 302, 365, 120B, 149, 188 and 153A of Indian...

Srinagar Court Dismisses Bail Plea Of Alleged Conman Who Posed As PMO Official

A Srinagar court on Thursday dismissed the bail plea of man from Gujarat, Kiran Patel, who who allegedly conned the security establishment in Jammu and Kashmir into believing him to be a PMO official and got the requisite perks on his multiple visits to J&KThe court had reserved the order on Monday after hearing the arguments of the counsel representing Patel and the additional...

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged

The Orissa High Court has recently allowed a petition filed under Section 311 of the Code of Criminal Procedure after a delay of ‘26 years’ for recalling a witness who was cross-examined and discharged in 1997.While stressing on the right of the accused to fair trial, the Single Judge Bench of Justice Sashikanta Mishra observed, “This is a classic case where the question of belated...

Central Excise Duty Not Payable On Capital Subsidy Received From State Government In Form Of Sales Tax Challan 37B: CESTAT

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has observed that central excise duty is not payable on capital subsidies received from the state government in the form of sales tax challan 37b.The bench of Justice Dilip Gupta (President) has observed that capital subsidy received from the state government in the form of Sales Tax Challan 37B and...

Varanasi Court Rejects BJP Leader's Plea Seeking FIR Registration Against Rahul Gandhi Over His Cambridge University Speech

A Court in Uttar Pradesh's Varanasi district has REJECTED the application of a BJP Leader seeking registration of an FIR against Congres Leader and MP Rahul Gandhi over his February 2023 Cambridge University speech.The application alleging that Gandhi made statements against the Unity and Soveritnity of India was dismissed by the Court of ACJM Ujjawal Upadhyay by observing that the...

Reasons Recorded For Reopening The Reassessment To Be Examined On Standalone Basis To Determine The Validity Of Proceedings U/s 147: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under Section 147 of the Income Tax Act.The two-member bench of Sandeep Singh Karhail (Judicial Member) and M. Balaganesh (Accountant Member) relied on the Bombay High...

Failure Of Kidney A Reasonable Cause Which Prevented Assessee To Supply The Documents And Replies To The AO: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that failure of the kidney was a reasonable cause of ailment that prevented the assessee from supplying the documents and replies to the AO.The two-member bench of Astha Chandra (Judicial Member) and Shamim Tahya (Accountant Member) has directed that the additional evidence and submissions made before the CIT(A) be accepted...

No Defects In The Onion Seeds Sold By NHRDC: NCDRC Confirms The Order Of State Commission

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal(President )and Dinesh Singh (Member) has dismissed the Revision Petitions against National Horticulture Research and Development Centre and upheld the Order passed by the Haryana State Commission. The complainant (Vimal Kumar) purchased 8 kg onion seeds @ ₹300/- per Kg. from the office...

High Court Reserves Order On Delhi Police’s Plea Against Order Discharging Sharjeel Imam, Others In Jamia Violence Case

The Delhi High Court on Thursday reserved order in the revision petition filed by Delhi Police against the trial court order discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the 2019 Jamia violence case.Justice Swarana Kanta Sharma reserved the order after hearing Additional Solicitor General Sanjay Jain and the lawyers representing the respondents who...