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Archive: 03 August 2022

Posts in 03 August 2022

Section 34 Arbitration proceeding before Two Fora not maintainable: HC

August 3, 2022 516 Views 0 comment Print

Sanganer Enviro Project Development Vs State of Gujarat (Gujarat High Court) Learned advocate Mr. Sheth, appearing for respondent No.3 has submitted that in fact, the prayers made in the writ petition would not survive, since after the impugned order dated 26.11.2020, an arbitral award has been passed in the arbitration proceedings being Arbitration Award No.11 […]

Mere failure of treatment is not a ground for Medical Negligence

August 3, 2022 678 Views 0 comment Print

Dr. R. Singh vs Smt. Shabana (Delhi State Consumer Disputes Redressal Commission) Only the failure of the treatment is not prima facie a ground for Medical Negligence and in order to attract the principle of res ipsa loquitur, Negligence i.e. the breach of a duty exercised by omission to do something which a reasonable man, […]

ITAT deletes addition for cash deposit in NRI account out of cash given to parents

August 3, 2022 804 Views 0 comment Print

Natarajan Purushothaman Vs ITO (ITAT Chennai) During appellate proceedings, the assessee submitted that he used to bring cash during visits to India and it was customary to provide some cash to the parents during such visit. The Ld. CIT(A), inter-alia, observed that the deposits of Rs.3.45 Lacs was stated to funded out of earlier withdrawals […]

SOP for Faceless Income Tax Assessment under Section 144B

August 3, 2022 45591 Views 0 comment Print

Standard Operating Procedure (SOP) for Assessment Unit (AU), Verification Unit (VU), Technical Unit (TU) and Review Unit (RU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act. National Faceless Assessment Centre, Delhi NaFAC/Delhi/CIT-1/2022-23/112/92 Dated: 03/08/2022 To, The Pr. Chief Commissioner of Income-tax (CCA), (All regions) Madam/Sir, Sub: Standard Operating Procedure (SOP) for […]

Two Arbitration Proceedings for Same Contract/Transaction not allowed: SC

August 3, 2022 1047 Views 0 comment Print

Tantia Constructions Limited Vs Union of India (Supreme Court of India) Having heard the learned counsel for the petitioner, we are of the firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction. It is not in dispute that in the present case, earlier the dispute was referred to arbitration […]

Definition of public authority under RTI Act has no relevance to Section 340 of Cr.P.C.

August 3, 2022 684 Views 0 comment Print

Rakesh Kumar Sharma Vs Mother Dairy Fruit & Vegetables Pvt Ltd. (Delhi High Court) The present case, admittedly, does not deal with the RTI Act. The definition of public authority as contained in Section 2(h) of the RTI Act has no application or relevance, whatsoever, in the present case, which is in the nature of […]

Vehicle involved in crime cannot be returned to owner when confiscation proceedings are pending

August 3, 2022 1158 Views 0 comment Print

Interim custody of the vehicle which is dismissed by the order, dated 25.02.2022 on the ground that confiscation proceedings are already initiated and pending and therefore, it is not desirable to hand over the interim custody of the vehicle to the petitioner.

S.138 NI Act | HC explains Law related to reliance on evidence presented by power of attorney holder

August 3, 2022 7725 Views 0 comment Print

Shibu. L.P. Vs Neelakantan (Kerala High Court) Law is settled on the point that a complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act can be presented through the power of attorney holder and the power of attorney holder can depose and verify on oath before the court in order to […]

No Section 40(a)(ia) Disallowance for TDS shortfall due to difference of opinion

August 3, 2022 1329 Views 0 comment Print

PCIT Vs Future First Info. Services Pvt. Ltd (Delhi High Court) No Disallowance under Section 40(a)(ia) for TDS shortfall due to any difference of opinion  Section 40(a)(ia) of the Act refers only to the duty to deduct tax and pay to government account. If there is any shortfall due to any difference of opinion as […]

Complete Reliance on CA/Consultant not a ground to condone delay

August 3, 2022 207 Views 0 comment Print

Ravindra Joma Bhagat Vs ITO (ITAT Pune) ITAT noted that the delay of 2172 days are abnormal and the assessee could not explain reasons which really prevented the assessee in filing appeal in time before the ITAT except stating that due to advice of his Chartered Accountant/Consultant, in our opinion is not reasonable cause which […]

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