News Updates
Lands Re-Purchased Not To Be Mandatorily Agricultural On The Date Of Re-Investment: ITAT Allows Capital Gain Exemption
The Pune Bench of theIncome Tax Appellate Tribunal (ITAT), consisting of Satbeer Singh Godara (Judicial Member) and Dipak P. Ripote (Accountant Member), has ruled that the legislature has nowhere incorporated that for claiming the deduction under section 54B of the Income Tax Act, the lands re-purchased have to be agricultural on the date of re-investment.The appellant/assessee has...
Prayagraj Protests: Allahabad High Court Stays Coercive Action Against AIKMS General Secretary Dr. Ashish Mittal
The Allahabad High Court has stayed coercive action against Dr. Ashish Mittal, who is presently the General Secretary of All India Kisan Mazdoor Sabha (AIKMS) and has been booked in a criminal case in connection with the Prayagraj Protests that took place in June 2022 over BJP leaders' remarks on Prophet Mohammed.Essentially, an NBW was issued to Dr. Mittal in June 2022 by the Court of...
Services Tax Demand Not Sustainable On The Basis Of TDS/26AS Statements: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax demand is not sustainable on the basis of TDS/26AS statements. The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the value of taxable services cannot be determined only based on TDS statements produced by...
Rajasthan High Court Weekly Roundup: July 25 - July 31, 2022
Judgments/ Orders of the Week State Can't Discriminate Between Allopathic & Ayurvedic Doctors In Fixing Retirement Age: Rajasthan High Court Case Title: Dr. Mahesh Chandra Sharma & Ors. v. State of Rajasthan & Ors. Citation: 2022 LiveLaw (Raj) 208 While hearing a batch of writ petitions challenging different age of superannuation for Allopathic...
No Deliberate Non-Compliance In Depositing Service Tax Under RCM: CESTAT Deletes Penalty
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) bench of Anil Choudhary (Judicial Member) has deleted the penalty on the grounds that there was no deliberate non-compliance in depositing service tax under the Reverse Charge Mechanism (RCM).The appellant/assessee is rendering service of accommodation in a hotel and restaurant service. Pursuant to the audit, it appeared...
Product Marketed Under Brand Name "Ber Berry" Is Classifiable Under GST Tariff Heading 2008: AAR
The Madhya Pradesh Authority of Advance Ruling (AAR) has ruled that the product marketed under the brand name "Ber Berry" manufactured and supplied is covered and classifiable under the GST Tariff heading 2008.The two-member panel of Virendra Kumar Jain and Manoj Kumar Choubey observed that chapter 8 exclusively covers fresh fruit or fruit cooked by steaming or boiling in...
No Material Found On Search, Income Tax Additions Can't Be Made On Presumption: Delhi High Court
The Delhi High Court bench of Justice Manmohan and Justice Manmeet Preetam Singh Arora held that if no incriminating material is found during the course of the search, then no addition can be made in the assessment under Sections 153A and 153C of the Income Tax Act.The Investigation Wing of the Income Tax Department carried out a search and seizure operation against M/s K.R. Pulp &...
Inordinate Delay In Lodging "Extortion" Complaint Gives Rise To Doubts As To Its Veracity: Karnataka High Court
The Karnataka High Court has said that unexplained delay in registering a complaint of extortion under Section 384 of the Indian Penal Code, gives rise to embellishment to a particular complaint. A single judge bench of Justice M Nagaprasanna allowed a petition filed by one Imran Siddique and quashed two FIR registered against him under Sections 384, 504, 506 and 34 of the...
Anti-CAA Protests: High Court Seeks Details Of Claimants, Amounts Disbursed Under Govt Scheme For Assistance Of Delhi Riots Victims
The Delhi High Court has sought details, in a tabular chart, of claimants seeking compensation and the amount disbursed so far under the Delhi Government's 'Assistance Scheme for the Help of Riot Victims'. The assistance scheme was introduced by the Delhi Government to compensate and assist the victims of the riots that took place during the anti-CAA protests in 2019-20. The said scheme...
Buddha Sculpture Found In Temple : Madras High Court Directs Take Over By Archeological Dept, Halts Poojas
The Madras High Court recently directed the Archaeological Department to take control of the property of Thalaivetti Muniyappan Temple at Kottai Road, Periyeri Village, Salem District after the Archaeological department confirmed that the idol inside the temple depicted the mahalakshanas of Lord Buddha. The court also prevented any further pooja from being conducted in the temple. Justice...
Delhi High Court Constitutes High Powered Committee To Offer Practical Solutions For Ensuring Access To Financial Services For Visually Challenged
The Delhi High Court has constituted a seven member High Powered Committee to offer practical solutions for ensuring access to financial services for the visually challenged persons and other ancillary issues. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad appointed Prof. M. Balakrishnan, Department of Computer Science and Engineering, IIT...
Procedure Under CrPC Can Be Used To Launch Prosecution For Offences U/S 7 Of Land Conservancy Act: Kerala High Court
The Kerala High Court on Monday held that the procedure contemplated under the Code of Criminal Procedure (CrPC) to initiate prosecution against an accused can be used for offences under Section 7 of the Kerala Land Conservancy Act.Justice Ziyad Rahman A.A added that CrPC was applicable since the Act did not provide for a specific procedure for the same. The Judge opined that the fact...