News Updates
Service Tax Not Applicable On Amount Received As Discount From Vehicle Manufacturer By The Dealer: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the amount received as a discount or incentive from the vehicle manufacturer by the dealer is not liable for service tax.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that a dealer purchased the vehicles from Maruti Suzuki India Ltd....
498A IPC Case Can't Be Quashed Under Section 482 CrPC Merely Because Family Court Called Marriage Invalid In Maintenance Proceedings: Orissa HC
The Orissa High Court has held that charge under Section 498-A of the Indian Penal Code cannot be quashed in exercise of jurisdiction under Section 482 CrPC against a husband merely because Family Court while deciding an application for maintenance under Section 125 CrPC has given a finding that she is not his wife. While refusing to quash an order taking cognizance under Section...
Kantara Movie : Kerala Court Returns Second Plaint Filed Against Hombale Films, No Order Against "Varaharoopam" Song In Force Now
In relation to the copyright dispute regarding "Varaharoopam" song in the Kannada superhit movie "Kantara", the Palakkad District Court on Saturday returned the plaint filed by Mathrubhumi Printing and Publishing Company Ltd(MPPCL) against the film's producer Hombale Films citing lack of jurisdiction.The Palakkad District Court observed that the suit has to be filed before Kozhikode...
Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court
The Gujarat High Court has observed that the valuation of the husband's economic condition put forth by the wife, if not disputed by the husband (backed by appropriate materials), can be taken as a base to determine interim maintenance to the wife. The bench of Justice Umesh A Trivedi also observed that a husband is required to lead cogent evidence to prove that his wife leads an adulterous...
No Need Of Any "Occasion" For Receipt Of Gift By The Assessee: ITAT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that there need not be any "occasion" for the assessee to receive a gift.The two-member bench of T.R. Senthil Kumar (judicial member) and Annapurna Gupta (accountant member) noted that the assessee received the gift from his own brother, who has been a non-resident since 1966. The allotment of shares was made under the...
Delhi Riots: Court Discharges Umar Khalid, Khalid Saifi In Khajuri Khas FIR
A Delhi Court on Saturday discharged student activist Umar Khalid and United Against Hate member Khalid Saifi in a case connected to the 2020 North East Delhi riots. Additional Sessions Judge Pulastya Pramachala pronounced the order today in FIR 101/2020 registered at Police Station Khajuri Khas.The court observed that the allegations made against Khalid and Saifi relate to an...
16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases
Justice Madan B. Lokur, former judge of the Supreme Court, on Saturday said that there is a need for evolving a separate procedure for children while dealing with POCSO cases and also for the judiciary to engage in the process of case management to expedite decisions in such matters.Justice Lokur was speaking at an event organized by Delhi Commission for Protection of Child Rights (DCPCR)...
CESTAT Allows Customs Duty Refund Claim Paid Through DEPB Scrip
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the customs duty refund claim paid through the Duty Entitlement Pass Book (DEPB) scrip.The bench of Ajay Sharma (Judicial Member) has observed that the department has failed to establish through any kind of document or case law that debit of any amount under the DEPB scheme is not a mode of payment...
No Borrower Has Right To Grant Of One Time Settlement Scheme: Telangana High Court
The Telangana High Court relying on decision of Apex Court in Bijnor Urban Cooperative Bank Limited, Bijnor v. Meenal Agarwal, (2021) ruled that Banks have the freedom to accept or reject One-Time Settlement (OTS) proposals as per their commercial wisdom. "No bank can be compelled to accept a lesser amount under the One Time Settlement scheme despite a bank is able to...
Cancellation Of GST Registration On Health Issues; Madras High Court Revokes
The Madurai Bench of the Madras High Court has lifted the cancellation of the GST registration as the tax returns were not filed by the taxpayer due to health-related issues.The single bench of Justice Mohammed Shafiq, while considering the directions issued in the cases of Tvl. Suguna Cutpiece Vs Appellate Deputy Commissioner (ST) (GST) and others, has directed the department to revoke...
"Tamasha Bana Diya, Kisi Ka Bhi Ghar Bulldozer Se Tod Denge?": Patna HC Slams Bihar Police For Demolishing A Woman's House
"Kya yahan bhi Bulldozer chalne laga? Whom do you represent, the state or some private person? Tamasha bana diya ki kisi ka bhi ghar bulldozer se tod denge," the Patna High Court remarked recently while slamming Bihar Police for demolishing a woman's house allegedly at the instance of a land mafia. (Has the bulldozer started running here too? Who do you represent, the State or some...
Central Government Notifies The Posting Of Newly Appointed NCLT Members
The central government vide its order dated 02.12.2022 notified the posting of newly appointed NCLT Members. The posting of judicial members is as follows;Justice (Retd.) T Krishna Vali- BengaluruKuldeep Kunar Kareer- Mumbai Ashok Kumar Bhardawaj- New DelhiPraveen Gupta- Allahabhad Bidisha Banerjee- Kolkata The Posting of Technical Members is as follows:Prabhat Kumar- Mumbai...