Assesses Failed To File Affidavit Proving Repayment Of Loans: Orissa High Court Sustains Addition On “Unsecured Loan”

The Orissa High Court has sustained the addition of unsecured loans under Section 68 of the Income Tax Act, 1961.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has observed that the direction issued by the ITAT in the first round was to the effect that the AO should verify whether the assessee had repaid the amount "by calling all the creditors". Therefore, it is the...

Stone Crusher Industry Plays Pivotal Role In Country's Development, Govt Policy Has Liberalized Mining Regime: J&K And Ladakh High Court

Terming the Standing Order issued by J&K Govt in 2021 for regulation of the stone crushing units in the UT as a valid piece of legislation, the Jammu and Kashmir High Court said that it has in a way liberalized the establishment of stone crusher units.The bench of Justice Wasim Sadiq Nargal observed:"The growth of the country and infrastructural development, the stone crusher industry plays...

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their disputes through the mode...

TDS Not Deposited By Employer, Can’t Be Adjusted Against Future Refund Due To Assessee: Delhi High Court

The Delhi High Court has ruled that the revenue department cannot adjust the withheld tax (TDS) which has not been deposited by the deductor (employer) in the Central Government Account, against the refund due and payable to the deductee/assessee. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju held that adjustment of demand against future refund amounts to an...

Was Indian Express Justified In Deducting Employees’ Salaries During COVID-19 Pandemic? Allahabad High Court Says Labour Court To Decide

The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.Various employers including the newspapers had deducted the salaries...

Child Entitled To Get Admission In DoE-Allotted School If EWS/DG Category Established: Delhi High Court

The Delhi High Court has observed that a child is entitled to get admission in the school allotted by Directorate of Education (DoE) on the reserved seats under RTE Act after it is established that he or she belongs to the economically weaker section (EWS) or disadvantaged group (DG) category.Justice Mini Pushkarna said that denying admission to any child under DG or EWS category after...

Award Passed By Unilaterally Appointed Arbitrator Is Void; Himachal Pradesh High Court

The Himachal Pradesh High Court has held that arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est. The bench of Justice Jyotsana Rewal Dua held that an arbitration award passed by a unilaterally appointed sole arbitrator is not enforceable under Section 36 of the A&C Act. The Court further held that...

CESTAT Allows Interest On Refunded Amount Deposited During Investigation

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed interest on the amount refunded, which was deposited during the investigation.The bench of Anil Choudhary (Judicial Member) has observed that interest on refund of amounts deposited during an investigation or deposited during the pendency of an appeal is allowable under Section 35EE of the Act and...

Advocate Gunratan Sadavarte Approaches Bombay High Court After Bar Council Initiates Disciplinary Proceedings For 'Malicious' Statements In Media

Advocate Gunratan Sadavarte, accused of orchestrating the attack outside NCP leader Sharad Pawar’s home last year, has approached the Bombay High Court against the disciplinary proceedings initiated against him by the State Bar Council. The list of alleged misdemeanours includes “malicious” and “obnoxious” statements to the media during the Maratha Reservation and...

Special Bench At NCLT Kochi & Cuttack; Matters To Be Heard Through VC

The National Company Law Tribunal (“NCLT”) has constituted Special Bench for NCLT Cuttack and NCLT Kochi, vide a Circular dated 01.02.2023 issued by NCLT. Shri P. Mohan Raj (Judicial Member) is on leave from 02.03.2023 to 07.03.2023. Therefore, a Special Bench is being constituted to take up the matters listed before Shri P. Mohan Raj (Judicial Member) and Shri Satya...

Charger Sold Along With Mobile Phone Can’t Be Differently Taxed: Karnataka High Court

The Karnataka High Court has held that the charger, which is sold along with the mobile phone in one set, is taxable at the rate of 5%.The division bench of Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda has observed that the main intention of a purchaser or seller while buying or selling a "mobile set" is to buy or sell the mobile phone and not the charger alone. The supply...

Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court

The Kerala High Court on Friday held that the bail granted in one crime cannot be cancelled merely because the accused has been subsequently booked in another case.Justice Bechu Kurian Thomas observed that a bail that had once been granted ought not to be cancelled on the mere asking, but that there ought to be cogent and overwhelming circumstances existing to cancel the bail."The...