Delhi High Court Weekly Round-Up: November 14 To November 20, 2022

Citations 2022 [LiveLaw (Del) 1078 TO 2022 LiveLaw (Del) 1093]NOMINAL INDEXIBIBO Group Pvt. Ltd. Versus DCIT 2022 LiveLaw (Del) 1078HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. v. AMAZON INDIA LIMITED & ANR. 2022 LiveLaw (Del) 1079LT FOODS LIMITED v. SARASWATI TRADING COMPANY 2022 LiveLaw (Del) 1080SHER SINGH @ RAJ BOHARA v. STATE (NCT OF DELHI) 2022 LiveLaw (Del) 1081Tricolor...

CBIC Exempts Motor Car For Use of Governor of the State from Customs Duty

The Central Board of Indirect Taxes and Customs (CBIC) has exempted the import of motor cars for the use of the governor of the state from customs duty.The notification exempted the motor cars for the use of the Governor of the State from the whole of the duty on customs levied as per the rates specified in the First Schedule to the Customs Tariff Act, 1975, if imported or purchased out of...

ITAT Fastens Capital Gain Liability On Owner selling property through GPA Holder

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has fastened capital gain liability on owners executing General Power of Attorney (GPA) and selling property through GPA holders.The two-member bench headed by Mahavir Singh (Vice President) and G. Manjunatha (Accountant Member) has observed that the GPA has nowhere given possession to the GPA holder, and he has only executed the...

Assessment order passed against the dead person without bringing on record legal heirs is Void: Delhi High Court

The Delhi High Court has quashed the assessment order passed against the dead person without bringing on record all his legal representatives is void.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the death of the assessee was duly communicated by his legal heirs. The ITR also duly disclosed that it was filed by the legal representative....

Income Tax Act does not impose any limitation for filing an application for condonation of delay: Kerala High Court

The Kerala High Court has held that Section 119(2)(b) of the Income Tax Act does not impose any limitation for the purposes of filing an application for condonation of delay.The single bench of Justice Gopinath P. has observed that it was completely wrong on the part of the department to treat the date of filing of the application for condonation of delay as the relevant date for the purpose...

NCLAT Delhi Stays Insolvency Process Against BPTP LTD., As Parties Enter Settlement

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Sudhanshu Tripathi v M/s RBCL Projects Pvt. Ltd. & Anr., has stayed the initiation of Corporate Insolvency Resolution Process ("CIRP")...

Allahabad High Court Monthly Digest: October 2022 [Citations 455 - 477]

NOMINAL INDEX Rajendra Kumar And 2 Others v. State Of U.P. Thru Prin Secy Home And Another 2022 LiveLaw (AB) 455 Shahzad v. State of U.P. 2022 LiveLaw (AB) 456 Jitendra @ Jitendra Kumar Singh v. State of U.P 2022 LiveLaw (AB) 457 Ajay Agarwal v. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others 2022 LiveLaw (AB) 458 Anugrah Narayan Singh v. Harsh Vardhan...

Assessee Can't forgo the deemed excise credit: Bombay High Court Orders Tran 1 Or Tran 2 to be filed on GST portal

The Bombay High Court has held that it will be wholly unfair if the assessee ends up having to forgo the deemed excise credit, particularly when under Section 29(3) his liability will continue even after cancellation of registration.The division bench of Justice K.R. Sriram and Justice A.S. Doctor has observed that the application, subject to paying all necessary fees and filing...

Allahabad High Court Weekly Round-Up: October 31 To November 6, 2022

CITATIONS Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others 2022 LiveLaw (AB) 478 Gomti Devi v. State Of U.P. And 2 Ors. 2022 LiveLaw (AB) 479 State Of U.P. v. M/S Maa Vindhyavasini Tobacco Pvt Ltd 2022 LiveLaw (AB) 480 In re v. 2022 LiveLaw (AB) 481 Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil...

Unrealized sale proceeds have to be excluded from export turnover as well as total turnover: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that unrealized sale proceeds have to be excluded from an export turnover as well as total turnover.The two-member bench headed by Mahavir Singh (Vice President) and G. Manjunatha (Accountant Member) has directed the AO to re-compute deduction by excluding unrealized sale proceeds from an export turnover as well as...

Award In Favour Of Financial Creditor Already In Execution, Section 7 Petition Must Be Rejected: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Shaikh Mohammed Tariq v Aegis Forging Ltd., has held that when an arbitral award has been passed in favour of Financial Creditor for the...

Special Court's Remarks In Sanjay Raut Bail Order Unreasoned, Demonstrate Lack Of Application Of Mind: ED To Bombay High Court

The Special PMLA Court's stinging remarks against the Enforcement Directorate while granting bail to Shiv Sena MP Sanjay Raut were "unreasoned," "demonstrate a lack of application of mind" and have "chilling effect" on the ED's morale as an investigating agency, the ED has said. In an amended appeal before the HC, the ED further claimed that calling Raut's arrest a 'witch hunt' "would...