CBIC Revokes Circular Relating To Excisability Of Waste Arising During The Process Of Manufacture

The Central Board of Indirect Taxes and Customs (CBIC) has revoked the circular relating to the excisability of waste arising during the process of manufacture.Rule 6 of the CENVAT Credit Rules, 2004 was amended with effect from March 01, 2015 by inserting Explanation 1 and 2 in sub-rule (1) of rule 6. It provides that exempted goods or final products shall include non-excisable goods...

Merely Placing Sale Deed On Record Doesn't Absolve Party From Establishing Right To Claim Land Compensation When Possession Not Established: Delhi HC

The Delhi High Court has observed that merely placing the Sale Deed on record will not absolve a party from its burden to establish its right to claim compensation in respect of a land when the fact of possession in its favour is not established from the documents available on record.A division bench comprising of Justice Siddharth Mridul and Justice Gaurang Kanth was dealing with a plea...

Sale Of Renewable Energy Certificate Of Income Received By The Assessee Is A Capital Receipt: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the sale of renewable energy certificates (carbon credit) of income received by the assessee is a capital receipt. The two-member bench of Kuldip Singh (Judicial Member) and Gagan Goyal (Accountant Member) has observed that the sale of carbon credit could not be a business receipt or income, nor is it...

Revenue Officials Bound To Effect Mutations In Record According To Court's Decree: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that it is the duty of revenue officials to incorporate the court's decree in the revenue record, in true letter and spirit.The observation was made while dealing with a petition for quashing impugned order wherein Naib Tehsildar-cum-Assistant Collector had ignored the decree of the civil court which held that the Will is valid in favour of...

Approval Of Demerger Would Not Entail The Benefit Of Set-Off Under Section 72A Of Income Tax Act: ITAT

The Pune Bench of ITAT has ruled that the mere fact that the scheme of demerger or amalgamation was approved by the High Court, does not automatically entitle the assessee to claim the set-off of brought forward business losses relating to the demerged or amalgamating undertaking. The Bench, consisting of S. S. Viswanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant...

Water Logging Menace | Allahabad High Court Issues Slew Of Directions To Lucknow Development Authority

Dealing with a Public Interest Litigation (PIL) plea seeking a direction to the state government authorities for the removal of encroachment over various drainage systems in the city of Lucknow, the Allahabad High Court issued a slew of directions to the Lucknow Development Authority.Though the court noted that prayers in the writ plea are omnibus in nature, the bench of Justice Devendra...

E-Rickshaw Sold Without Battery Classifiable As An "Electrically Operated Motor Vehicle" : West Bengal AAR

The West Bengal Authority of Advance Ruling consisting of Brajesh Kumar Singh and Joyjit Banik has ruled that a three-wheeled electrically operated vehicle, commonly known as an e-rickshaw, when supplied without a battery, is classifiable as an "electrically operated motor vehicle" under HSN 8703. The applicant is in the business of importing spare parts for electrically...

Asaram Bapu Rape Case: Rajasthan High Court Denies Bail, Rejects Third Application For Suspension Of Sentence

The Rajasthan High Court has rejected the third application filed by self-styled godman & life convict Asaram Bapu seeking suspension of sentence for rape of a minor. The court further opined that he does not deserve indulgence of bail. Asaram was convicted and sentenced to life for offences under Sections 370(4), 342, 506, 376(2)(f) and 376D of the Indian Penal Code by a Special...

Calcutta High Court Sets Aside The Order Of Asst. commissioner, GST, For Not Complying Natural Justice

The Calcutta High Court bench of Justice Md. Nizamuddin has held that an order passed without granting a personal hearing violates principles of natural justice. The petitioner/assessee has challenged the order passed by the Assistant Commissioner. The order was passed on the basis of a show-cause notice under Section 74 of the WBGST Act, 2017, on the ground of violation of the...

Advertising Campaign Can Be Protected Under Intellectual Property Law If It Has Become Distinctive, Threshold High: Delhi High Court

The Delhi High Court has observed that an advertising campaign can be granted protection in law, if it signifies the source and has become distinctive of the party while adding that the threshold for establishing distinctiveness would however be quite high in such a case. Justice Pratibha M Singh was of the view that while distinctive elements in advertising campaigns can be protected by...

Allahabad High Court Dismisses PIL Seeking Enhancement Superannuation Age Of State Govt Employees From 60 Yrs To 62 Yrs

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea seeking a direction to the State Government to enhance the age of superannuation of the employees of the State of U.P. from 60 years to 62 years.Stressing that in service matters, no public interest litigation is maintainable, the Bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar dsimissed...

Private Negotiations Between Two Govt Agencies For Land Transfer Does Not Determine Its True Market Value: Gujarat High Court

The Gujarat High Court has held that private negotiations between government agencies for land transfer does not determine the true market value of the land. Thus, the High Court expressed doubt over an Arbitral award which granted compensation in favour of the private landowners ('Claimants'), whose lands were acquired by Western Dedicated Freight Corridor Corporation Of India,...