high court judgments

Sale in course of import for Leasing Transactions: CST

Corporate Law - In a recently pronounced judgment in the case of Hewlett Packard Financial Services vs The State of Karnataka, The Deputy Commissioner of Commercial Taxes (Audit) (‘Revenue’), the Karnataka High Court dealt with the issue relating to entitlement of VAT exemption by virtue of Section 5(2) of the Central Sales Tax Act, 1956 (‘CST Act...

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Recent case laws applicable to NGOs / Charitable Trusts

Corporate Law - [2015] 55 taxmann.com 255 (SC) SUPREME COURT OF INDIA Queen’s Educational Society v. Commissioner of Income-tax *In favour of assessee Where a surplus was made by educational institution which was ploughed back for educational purposes, said institution was to be held to be existed solely for educational purpose and not for purpose ...

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Compilation of recent important Income-tax Rulings 2016

Corporate Law - Sec 194J TDS inapplicable on payments in kind, allows relief to SRK company [Red Chillies Entertainment Pvt. Ltd - ITA No.5271/Mum/2013 (Mum)]: Mumbai ITAT deletes expense disallowance u/s 40(a)(ia) in case of Red Chillies Entertainment Pvt. Ltd. for AY 2010-11, holds no Sec 194J TDS for payments made in kind to actors; Relies on SC ru...

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Road ahead for Developers after Delhi High Court Judgement

Corporate Law - All of us would have observed reports in the press, that the Hon’ble Delhi High Court has ruled on 3.6.2016, in the case of a writ petition, that in the case of a composite contract between a buyer of an apartment and the developer of the apartment, wherein the total value of the apartment includes the value of land also, no service tax...

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No Service tax on sale of under construction flats if contract price includes land value

Corporate Law - Hon’ble High Court of Delhi held that no Service tax under Section 65(105)(zzzh) of the Finance Act to be levied on composite contract as there is no machinery provision for ascertaining the service element involved in the composite contract....

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Bombay HC bans mobile, cameras etc. inside Court Halls

Corporate Law - All the parties/litigants and public at large are hereby informed that they shall not take mobile phones, cameras or audio/video recording devices and shall not record anything using them inside the Court Halls....

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HC bans adjournments for non-availability of papers or Counsel

Corporate Law - Bombay High court in a notice informed that No adjournments will be granted on the ground that papers or counsel duly instructed are not available....

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TAR/ITR Due Date – Writ in Punjab & Haryana High Court

Corporate Law - Vishal Garg & Ors. Vs. Union of India & Anr. (Punjab & Haryana High Court), CWP- 19770 -2015, Dated- 15.09.2015 High Court Directed CBDT to Extend due date of ITR from existing 30.09.2015 to 31st October 2015. Court also provided future guidelines for issuing forms. Check Link- Tar Audit/ ITR date extended to 31st October 2015...

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HC vacates stay on appearance of non advocates before VAT Authorities

Corporate Law - On applications filed by the Institute of Chartered Accountants of India for impleadment and vacation of stay, the Hon’ble Lucknow Bench of Allahbad High Court has modified its order dated 6th August, 2014 vide its order dated 20.08.2014 and consequently Chartered Accountants and non advocates would continue to be permitted to appear be...

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Advocates only can appear before Income Tax Authorities

Corporate Law - In a very interesting move which may not be a good news for practicing CA, CS, CMA etc. who are engaged in practice in the area of Law and taxation,  Rajasthan Tax Bar Association have filed a petition before  Chief Commissioner of Income Tax (CCIT), Rajasthan and urged him  to not to allow any one […]...

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Do not allow more than two attendants of a patient in hospital: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court) - In spite of norms that not more than two attendants of a patient will be allowed to enter the hospital through the main gate itself has to be strictly implemented. This would include visitors visiting the patients during a particular visiting hours of the hospital. In other words, at any point of ti...

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Management can taken action against doctors on Strike: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court) - The petitioners who have filed this public interest litigation (PIL) submits that there is urgency in the matter since more than 50 patients have died on account of mass strike of resident doctors numbering about 4,500 all over the State of Maharashtra. Learned counsel appearing for the respondent A...

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KVAT: Discounts received via Credit Notes are Part of Sales Turnover

M/s Vettathil Agencies, Vs Commercial Tax Officer (Kerala High Court) - This writ petition is filed challenging Exts.P5 and P5(a) assessment orders under KVAT Act, 2003 for the assessment years 2009-10 and 2010-11 completed under Section 25(1) of the Act. Though the impugned orders are appealable, according to the petitioner...

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Delayed disclosure of alleged extra judicial confession makes evidence untrustworthy

Radheshyam Kashyap alias Radhe Vs The State Of Chhattisgarh (Chhattisgarh High Court) - It is equally settled that circumstantial evidence in the nature of extra judicial confession is always considered to be a weak type of evidence, therefore, conviction on such evidence can form basis if it passes the test of credibility and the Court is fully convinced that the extra judicial confes...

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National Coal Wage Agreement is a settlement U/s. 2(P) of ID Act 1947

Avinash Saloman, Vs South Eastern Coalfields Limited, (Chhattisgarh High Court) - Thus, on the basis of aforesaid decision, it is quite vivid that National Coal Wage Agreement is a settlement within the meaning of Section 2(p) of the ID Act and is binding as provided under Section 18(3) of the ID Act and having force of law and to continue to remain in force unless the same is al...

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Commercial rights in the nature of intangible assets eligible for depreciation

I.T.A. No. 496/Delhi/2014 - (15/04/2015) - A reading of the agreement between STL and the assessee clarifies that a specific amount, i.e., Rs.9 Crores was paid by the assessee to the transferor who owned commercial rights towards the network and the facilities. The consideration was a specific value but for which the network would not have b...

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EPF & MP Act, 1952 applicable to 'rusk' manufacturing industries

LC-4/5/13/judgement/pt.11227 - (07/08/2014) - The petitioner establishment contended that since manufacturing of 'rusk' is not mentioned in Schedule 1 to the Act, therefore the EPF & MP Act, 1952 is not applicable to them....

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Norms & Procedure For Designation Of Advocates As Senior Advocates

Notification No. 298/2013 - Income Tax - (24/10/2013) - Notification No. 298/2013 - Income Tax (1) Fifteen years standing at the Bar. In calculating the 15 years standing at the Bar, services rendered as Judicial Officer shall be taken into consideration; (2) Annual declared gross income from profession should not be less than Rs.7,00,000/- for the past...

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EPF – Mere filing of appeal without obtaining any relief from the Appellate authority shall not preclude or prohibit the authorities to proceed further in the matter for recovery of the amount

NA - (01/08/2011) - EPFO Vs. Rollwell In the absence of any specific provision in the Act prohibiting or restraining the authorities from taking any further action of recovery of the amount due and payable by the employer, it is always permissible for the authorities to proceed ahead without waiting for the expiry of ...

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Conveyance & Special allowance to be included in definition of basic wages for PF Calculation

NA - (28/06/2011) - Montage Enterprises Pvt. Ltd versus Employees Provident Fund - 1. Conveyance allowance is included in the definition of basic wages because it is universally, necessarily and ordinarily paid to all across the board. 2. Special allowance is included in the basic wages since it is paid to all the work...

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high court judgments’s Popular Posts

Recent Posts in "high court judgments"

Do not allow more than two attendants of a patient in hospital: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court)

In spite of norms that not more than two attendants of a patient will be allowed to enter the hospital through the main gate itself has to be strictly implemented. This would include visitors visiting the patients during a particular visiting hours of the hospital. In other words, at any point of time, there may not be more than two atten...

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Management can taken action against doctors on Strike: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court)

The petitioners who have filed this public interest litigation (PIL) submits that there is urgency in the matter since more than 50 patients have died on account of mass strike of resident doctors numbering about 4,500 all over the State of Maharashtra. Learned counsel appearing for the respondent Association submits that they have not gi...

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KVAT: Discounts received via Credit Notes are Part of Sales Turnover

M/s Vettathil Agencies, Vs Commercial Tax Officer (Kerala High Court)

This writ petition is filed challenging Exts.P5 and P5(a) assessment orders under KVAT Act, 2003 for the assessment years 2009-10 and 2010-11 completed under Section 25(1) of the Act. Though the impugned orders are appealable, according to the petitioner...

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Delayed disclosure of alleged extra judicial confession makes evidence untrustworthy

Radheshyam Kashyap alias Radhe Vs The State Of Chhattisgarh (Chhattisgarh High Court)

It is equally settled that circumstantial evidence in the nature of extra judicial confession is always considered to be a weak type of evidence, therefore, conviction on such evidence can form basis if it passes the test of credibility and the Court is fully convinced that the extra judicial confession is made voluntary in fit state of m...

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National Coal Wage Agreement is a settlement U/s. 2(P) of ID Act 1947

Avinash Saloman, Vs South Eastern Coalfields Limited, (Chhattisgarh High Court)

Thus, on the basis of aforesaid decision, it is quite vivid that National Coal Wage Agreement is a settlement within the meaning of Section 2(p) of the ID Act and is binding as provided under Section 18(3) of the ID Act and having force of law and to continue to remain in force unless the same is altered/modified or substituted by another...

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Gratuity is property under Article 300-A of Indian Constitution

Ramlal Sharma Vs State of Chhattisgarh (Chhatisgarh High Court)

In the matter of State of Jharkhand and others v. Jitendra Kumar Srivastava and another1 , it has been held by Their Lordships of the Supreme Court that gratuity and pension are not bounty and it is thus a hard earned benefit which accrues to an employee and is in the nature of property. ...

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Determination of caste status can be done only by Caste Scrutiny Committee

Virodhan Ram, Vs State of Chhattisgarh, (Chhatitisgarh High Court)

The Supreme Court in the matter of Madhuri Patil v. Commissioner, Tribal Development5 formulated scheme for verification of tribal status and held that any application for verification of her tribal status as a scheduled tribe should be carried out by such committee and issued direction for issuance of social caste certificate, their scru...

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AO has no jurisdiction to examine constitutional validity of any Act

The Commissioner of Income Tax Vs m/s. Karnataka State Beverages Corporation Limited (Karnataka High Court)

All the appeals are directed against the common order dated 18.02.2016 passed by the learned Single Judge in the respect of writ petitions whereby the learned Single Judge, for the reasons recorded in the order, has set aside the impugned assessment orders so far as they relate to Privilege Fee as being taxable income....

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Not considering married daughter for Compassionate appointment is violative of Constitution

Smt. Sarojni Bhoi Vs State of Chhattisgarh, (Chhattisgarh High Court)

HC held that Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution. ...

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PML Act, 2002 Provisions cannot be invoked Retrospectively

M/s Obulapuram Mining Company Pvt Ltd Vs Joint Director (Karnataka High Court)

By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical....

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