News Updates
Delhi High Court Quashes Reassessment Order In The Name Of A Non-Existing Entity
The Delhi High Court has quashed the reassessment order in the name of a non-existing entity.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that not only was the notice issued in the name of the transferor company but the order under Section 148A(d) of the Income Tax Act, as well as the notice under Section 148, have been issued on the PAN of the...
Bombay HC Allows Time For ED To Amend Appeal Against Sanjay Raut's Bail & Challenge Special Court's "Uncalled For" Remarks Against It
The Bombay High Court on Friday adjourned to November 25 the Enforcement Directorate's plea challenging the bail granted to MP Sanjay Raut from Shiv Sena (Uddhav Balasaheb Thackeray)'s political party, in the Patra Chawl money laundering case. Justice Bharati Dangre adjourned the matter after ASG Anil Singh for ED sought time to amend the plea and take certain additional grounds based...
CBIC Issues Clarification On Refund Related Issues
The Central Board of Indirect Taxes and Customs (CBIC) has issued a clarification on GST refund-related issues.The CBIC has received various representations from the trade and field formations seeking clarification on various issues pertaining to the implementation of the formula prescribed under Rule 89(5) of the CGST Rules, 2017 and the restriction on refund of unutilised ITC on account...
Authority To File Final Report & Grant Sanction To Prosecute Same Under Promotion Of Tree Growth Act: Kerala HC Asks Legislature To Clear Anomaly
The Kerala High Court on Tuesday pointed an inconsistency in Sections 9 and 12 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 and urged the legislature to clear the same by way of an amendment.Section 9 provides that a person not below the rank of a Forester can seize the trees together with the tools, if the same is found to be in contravention of Section 6 of the...
Karnataka High Court Dismisses Plea Challenging Appointment Of Complainant's Personal Lawyer As Public Prosecutor In SC/ST Case
The Karnataka High Court has dismissed a petition filed by an accused charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Deputy Commissioner's decision to appoint the complainant's private lawyer as a special public prosecutor in the case.Justice K.Natarajan said the SC/ST Rules empower the Deputy Commissioner to appoint an eminent lawyer on...
No Excise Duty Can Be Demanded On Semi-Finished Goods Lying At The Time Of Debonding Of 100% EOU: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that excise duty cannot be demanded on semi-finished goods or work in process lying at the time of debonding of 100% Export Oriented Units (EOU).The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that at the intermediate stage when the goods are not...
High Court Directs Kochi Corporation To Act Against Citizens, Commercial Establishments Dumping Plastic/ Garbage In Stormwater Drains
The Kerala High Court on Friday expressed strong displeasure at the practice of citizens dumping waste and garbage in stormwater drains which contributes to the issue of flooding in Kochi city. It therefore directed the District Collector and Cochin Corporation to act against the disconcerting state of affairs. Single bench of Justice Devan Ramachandran cautioned all commercial establishments...
Money Laundering Case: Delhi Court To Pronounce Order On Bail Plea Of Jacqueline Fernandez On Nov 15, Interim Protection Extended
A Delhi Court on Friday extended interim protection from arrest to Bollywood actor Jacqueline Fernandez till November 15 in the Rs 200-crore money laundering case being probed by the Enforcement Directorate against alleged conman Sukesh Chandrasekhar. On September 26, the court had granted the actor interim protection from arrest.Additional Sessions Judge Shailender Malik deferred...
Complainant U/S 138 NI Act May Not Know Exact Role Of Company Directors, Basic Averment About Vicarious Liability Sufficient: Karnataka High Court
The Karnataka High Court has said that in proceedings initiated against directors of a company under Section 138 of the Negotiable Instruments Act, the complainant is only expected to make necessary averments regarding their vicarious liability and thereafter, the burden is upon such directors to show that they are not liable to be convicted. A single judge bench of Justice M...
"Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs
Observing that despite Supreme Court guidelines, and legal and executive reforms, there is no significant improvement in the state of the under-trials, the Rajasthan High Court recently granted bail to an NDPS accused in view of his over 6 years incarceration as an under-trial."This Court is anxious over the fact that jails debilitate the under-trial prisoners and if after the long wait,...
"Clear Case Of Ragging": Calcutta HC Directs IIT KGP To Specify Steps Take In Case Of Unnatural Death Of Student
The Calcutta High Court has directed the Director of IIT Kharagpur to file a report before the Court pertaining to the case of the unnatural death of a 23-year-old student. Calling it a clear case of 'ragging', the Court has also sought the name of students involved in the 'ragging'."This Court is interested to know as to what steps have been taken by the said wardens and the Management of...
Medical Officer Says Asking Clinical Doctors To Select Dialysis Patients For Financial Aid Affects Their Duty, Kerala HC Asks Health Secretary To Decide
The Kerala High Court recently directed State's Principal Health Secretary to decide a medical officer's representation seeking to relieve clinical doctors from the responsibility of participating in meetings of Gram-level Administrative Committees for the purpose of deciding list of beneficiaries eligible for financial assistance for kidney dialysis.The Petitioner alleged that to participate...