News Updates
Job Worker Liable To Pay Excise Duty For Unloading Chemicals From Tankers, Repacking and Labelling In Small Drums: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the job worker has carried out all the activities which, as per the department, amount to manufacturing. The job worker is alone to pay the excise duty. The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that irrespective of the...
Expenditure In Carrying Out Foreign Travel Directly Relating To Securing Capital Investment In The Business Is Capital In Nature: ITAT
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the expense of carrying out foreign travel directly relating to securing capital investment in the assessee's business cannot be in the revenue nature. On the other hand, it is capitalist in nature. The two-member bench of Beena Pillai (Judicial Member) and Chandra Poojari (Accountant Member) has observed...
Customs Authorities Cannot Encash Bank Guarantee Before Expiry Of The Limitation Period For Filing An Appeal: Bombay High Court
The Bombay High Court has reiterated that Customs Authorities cannot encash the Bank Guarantee furnished by the assessee before the expiry of the statutory period available for filing an appeal. The Division Bench consisting of Chief Justice Dipankar Datta and Justice M. S. Sonak ruled that despite the assurances given to the Bombay High Court in the case of Legrand (India) Pvt....
Gain Or Loss Arising Out Of Change In Foreign Exchange Rate Can Be Treated As An Income Or Loss After Computation: ITAT
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has held that the gain or loss arising out of a change in the foreign exchange rate can be treated as an income or loss provided that it is computed in accordance with the Income Computation and Disclosure Standards (ICDS) notified under section 145(2) of the Income Tax Act, 1961. The two-member bench of George George...
"Safe Harbour" Protection Available To Intermediaries Qua Criminal Prosecution Unless 'Active Role' Is Disclosed In Commission Of Offence: Delhi HC
The Delhi High Court has observed that unless an active role is disclosed in the commission of the offences as complained of, an intermediary would be entitled to claim protection under Section 79 of the Information Technology Act, 2000. The provision exempts liability of intermediary in certain cases. It states that an intermediary shall not be liable for any third party information, data,...
"Need Of The Hour": Delhi High Court Calls For Advertisement Of Special Cells Constituted For Protection Of Inter-Faith Couples
The Delhi High Court on Wednesday called for sensitisation and advertisement of district special cells constituted in the city for providing protection to the inter-faith married couples, observing that it was the "need of the hour" to do so. Justice Jasmeet Singh was dealing with a plea filed by NGO Dhanak of Humanity which was approached by an inter-faith couple, seeking shelter in a...
Allahabad HC Rejects Layout Plan Of Chandrashekhar Azad Park In Prayagraj Made By Pvt Surveyor, Orders State To Devise Fresh Plan
The Allahabad High Court on Tuesday rejected a layout plan of the Amar Chandrashekhar Azad Park in Prayagraj District made by a private Land Surveyor Project Consulting Engineer and directed the State Government to come up with a fresh layout plan.[NOTE: This Park (Amar Shaheed Chandrasekhar Aazad Park) assumed historical importance in the year 1931 when great revolutionary and pioneer of...
Illegal Demand Of Income Tax Mechanically- Allahabad High Court Imposes Cost Of 50 Lakhs On Income Tax Authorities
The Allahabad High Court has directed that the Union of India or other authorities under the Income Tax Act, 1961 shall not interfere with the quasi-judicial functions and discharge of statutory duties by the Assessing Officers unless permitted by the Income Tax Act. Further, the High Court directed the Union of India to put in place a mechanism to ensure that the information fed...
Judicial Order Refusing Permission To Travel Abroad Is "Interlocutory" In Nature & Not Revisable, Can Be Challenged U/S 482 CrPC: Punjab & Haryana HC
The Punjab and Haryana High Court has held that a judicial order refusing permission to travel abroad would qualify as an "interlocutory order" and thus, revision against the same is barred under Section 397(2) of CrPC.The provision states that powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial, or other proceedings.In this...
Negotiable Instruments Act | Delay In Disposal Of Case Not Ground To Grant Interim Compensation U/S 143A: Karnataka High Court
The Karnataka High Court has said that delay in disposal of case filed under Section 138 of the Negotiable Instruments Act cannot be a ground to grant interim compensation under Section 143A of the Act. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Padmanabha T G and quashed the order dated 09.11.2021 directing the petitioner to pay 10 percent of...
Candidates Can't Claim As A Matter Of Right That Recruitment On Any Govt Post Should Be Made Every Year: Allahabad High Court
The Allahabad High Court has observed that candidates cannot claim as a matter of right that recruitment on any post should be made every year. With this, the Court denied relief to certain over-aged Assistant Prosecution Officer Exam - 2022 candidates.The bench of Justice Saurabh Shyam Shamshery also emphasized that due to inaction on the part of the State Government in not filing the...