Judiciary

CIC Disposes 1,282 RTI Appeals by a single Order

Wg. Cdr. Sanjeev Sharma Vs. CPIOs, Indian Air Force (Central Information Commission)

The present set of Appeals (1282 in number) arise out of RTI Applications filed by the Appellant against different Commands of Indian Air Force and it has been decided to adjudicate upon the Appeals by putting same subject matters under one head (which may or may not have the same date of RTI Application) and have been listed for hearings...

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Right to receive a property is a valuable and transferable right

Satnam Overseas Exports Vs DCIT (ITAT Delhi)

ITAT has held that right to receive a property is a valuable and a transferable right and falls within the ambit of "capital asset" and hence profit earned on sale of allotment right (without physical possession of the property) is taxable as Capital Gains and not as Income from other sources....

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Addition based on mere scribbling on Loose Papers cannot be sustained

Anuj Chawla Vs Commissioner of Income Tax (Delhi High Court)

This court is of the opinion that the material found was sketchy and insufficient to warrant a fresh valuation. In any case, the AO‟s order did not even go by the valuation report, but on an entirely different footing- not based on any principle at all. ...

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Formula One Car Racing Income Taxable In India: SC

Formula One World Championship Ltd. Vs Commissioner of Income Tax (Supreme Court of India)

As per Article 5 of the DTAA, the PE has to be a fixed place of business ‘through’ which business of an enterprise is wholly or partly carried on. Some examples of fixed place are given in Article 5(2), by way of an inclusion....

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Ceremonial Gifting of ‘Sword’ to A Dignitary in Gurudwara is not an offence

Ajeet Singh Anand alias Mange Sardar Vs State of M.P. And others (Madhya Pradesh High Court)

Carrying of sharp edged weapons with a blade more than 6 inches long or 2 inches wide and spring actuated knives with a blade of any size is prohibited and that too carrying of such blades in public places. Gurudwara, though is open to public, is not a public place, it is a private place where there is Prakash of Gurugranth Sahib....

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Take steps to prevent Dengue, Chikungunya, Malaria or face stern action: Delhi HC

Gauri Grover Vs Government of Nct of Delhi & Ors (Delhi High Court)

Delhi HC has asked Delhi government to take all necessary steps to prevent outbreak of vector-borne diseases, including dengue, chikungunya and malaria, which are caused on account of mosquito bites....

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Court cannot review decision to not exempt goods from Excise: SC

M/s Mangalam Organics Ltd. Vs Union of India (Supreme Court of India)

Once the appellant accepts that in law it was liable to pay the duty, even if some of the units have been able to escape payment of duty for certain reasons, the appellant cannot say that no duty should be recovered from it by invoking Article 14 of the Constitution. ...

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No Tax on amount not receivable under a void contract

I- Process Services (India) Pvt. Ltd. Vs DCIT (ITAT Delhi)

On the contract becoming void ab initio, the transaction of income from ICICI Home Financing Co. Ltd. was reversed by the assessee since there was no legally enforceable right to such income on the contract being declared as void ab initio....

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Nomination not amounts to Will: Delhi HC

Rampali Vs The State Govt. Of Nct of Delhi & Ors. (Delhi High Court)

In view of the settled legal position that nomination is not a Will, and in the absence of the any Will only those persons who are legal heirs under the Hindu Succession Act inherit the properties....

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Levy of Bihar Entry Tax Act & Interest on Late Payment of Entry Tax is constitutional: HC

M/s Indian Oil Corporation Ltd. Vs State of Bihar (Patna High Court)

(i) Whether the second proviso to Section 3(2) of the Entry Tax Act is ultra vires to the Constitution? (ii) Whether interest can be levied in the matter of late payment of entry tax under the Entry Tax Act, by virtue of the provisions of the Bihar Finance Act, and, with the aid of Section 8 of the Entry Tax Act?...

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