No Capital Gain Exemption On The Agriculture Land Purchased In The Name Of Assessee's Wife: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT)consisting of Saktijit Dey (Judicial Member) and B.R.R. Kumar (Accountant Member) has held that the agricultural land purchased by the assessee in the name of his wife is not eligible for deduction under section 54B of the Income Tax Act. The assessee filed a return declaring an income. The case was assessed by computing...

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court

The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. "The said provision is made for the immediate support that too financial in nature of a person so that he or she can survive", the court stated. Justice Vibha Kankanwadi was dealing with...

Completed Assessments Can Be Interfered With Only On The Basis Of Incriminating Material Unearthed During Course Of Search: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that completed assessments could be interfered with by the AO while making an assessment under section 153A only on the basis of some incriminating material unearthed during the course of search. If in relation to any assessment year, no incriminating material was found, no addition or disallowance could be made in...

Official Liquidator Taking Over Third Party Property Under Liquidating Company's Possession Must Pay Rent As Costs Of Winding Proceedings: Karnataka HC

The Karnataka High Court has held that upon the Official Liquidator taking possession of the premises belonging to a third party, which was in possession of the Company in liquidation, the Official Liquidator would be required to make payment of the rentals to such third party land owner as costs of winding proceedings, the landlord being entitled to the rentals immediately as per the...

Supreme Court Adjourns Advocate Mehmood Pracha's Plea Challenging CAT Order Holding Him Guilty Of Contempt

The Supreme Court on Wednesday adjourned the petition filed by Advocate Mehmood Pracha challenging the order of the Central Administrative Tribunal (CAT) holding him guilty of contempt of court.During the hearing today, Pracha, appearing as party-in-person told a Bench comprising of Justices KM Joseph and Hrishikesh Roy that, "The bone of contention is very simple, the Hon. Chairman...

SBI Cannot Escape Tax Implication On Grounds Of Change Of Branch Manager: ITAT Refuses To Condone The Delay In Filing Appeal

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT)has refused to condone the delay in filing the appeal on the grounds that even during the period of COVID-19, the ITAT was functioning and banking facilities were provided by the State Bank of India (SBI).The two-member bench of George George K. (Judicial Member) and Laxmi Prasad Sahu (Accountant Member) has observed that...

An Enabling Clause Does Not Constitute A Binding Arbitration Agreement Between The Parties: Bombay High Court

The Bombay High Court has ruled that once the parties have agreed to use the word 'may', the parties have conferred a discretion to enter into an arbitration agreement in the future; and that such an enabling clause does not constitute any binding arbitration agreement between the parties. The Single Bench of Justice G. S. Kulkarni held that the use of the word "may" does not bring...

Roaming Services And International Long Distance Services Provided By Vodafone Idea To Foreign Telecom Operators Is An Export Of Service: Bombay High Court

The Bombay High Court has ruled that the international Inbound Roaming Services (IIR) and the International Long Distance (ILD) Services provided by Vodafone Idea to Foreign Telecom Operators (FTOs) is an export of services, and thus, Vodafone Idea is eligible for the refund of the IGST paid by it. The Bench, consisting of Justices K. R. Shriram and Milind N. Jadhav, observed...

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. It...

Failure To File Income Tax Return | Prosecution U/S 276CC IT Act Not Permissible Without Previous Sanction Of Appropriate Authority: Delhi High Court

The Delhi High Court has made it clear that a person cannot be prosecuted for the offence under Section 276-CC (Failure to furnish returns of income) of the Income Tax Act, except with the previous sanction of the Principal Commissioner/appropriate authority.A single judge bench of Justice Asha Menon held,"Since the law provides that without sanction u/s 278B of the IT Act, the Department...

All High Courts Weekly Round Up: July 11, 2022 - July 17, 2022

Allahabad High Court NOMINAL INDEX State of U.P. v. Baij Nath And Others 2022 LiveLaw (AB) 316 Nahid Hasan v. State of U.P. 2022 LiveLaw (AB) 317 Vice Chairman Abss Institute Of Technology v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 318 Shireen v. State Of U.P. And Ors 2022 LiveLaw (AB) 319 Committee of Management, Imambara Qadeem, Manauri, District Prayagraj through...

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court

The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. It may be noted that a Police Report means a report forwarded by a police officer to a Magistrate under Section 173 (2) CrPC.The...