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No Section 54F exemption on House purchased by Wife from her fund

August 4, 2022 1695 Views 0 comment Print

Dilip B. Mundada Vs DCIT (ITAT Pune) Jurisdictional High Court and other Hon’ble High Courts and ITAT Pune have held that for availing the benefit of deduction u/s 54F the new asset shall be purchased in the name of the assessee. Applying the said proposition of law to the present case, we hold that the […]

Section 271AAB penalty not imposable if no Search Conducted on Assessee

August 4, 2022 1137 Views 0 comment Print

A perusal of Section 271AAB would reveal that it is applicable where search has been initiated under section 132 of Income Tax Act

Section 148 | Writ Court Cannot Interfere at Notice stage if AO followed due procedures

August 4, 2022 3258 Views 0 comment Print

Midland Microfin Ltd. Vs Union of India and others (Punjab and Haryana High Court) Whether at this stage of notice under Section 148, writ Court should venture into the merits of the controversy when AO is yet to frame assessment/reassemment in discharge of statutory duty casted upon him under Section 147 of the Act Admittedly […]

Multiplicity of Proceedings Not In Larger Public Interest: SC

August 4, 2022 1749 Views 0 comment Print

SC of the opinion that multiplicity of the proceedings will not be in the larger public interest. We may hasten to add that the concerned States have no objection for abiding with such dispensation.

HC Transfers Matrimonial Case – Follows principle of ‘showing leniency towards wife’

August 4, 2022 1263 Views 0 comment Print

Smt. Sandipa Gupta (Bhowmick) @ Sandipa Bhowmick Vs Sri Suraj Gupta (Calcutta High Court) Admittedly, the husband has filed a Matrimonial Suit against the petitioner/wife for divorce on the ground of cruelty. The wife is now residing with her widow mother at Siliguri which is at a distance of more than 100 kilometers from Coochbehar. […]

SCN Cancelling GST Registration must Disclose Reason for cancellation

August 4, 2022 5703 Views 0 comment Print

Unless that allegation was specified in the notice with details and unless material considered adverse to the petitioner had been confronted to it for the purposes of eliciting its reply thereto, the notice dated 9.7.2012 would remain completely vague and mute.

Bail Cannot Be Cancelled When Accused not violated Bail Conditions

August 3, 2022 915 Views 0 comment Print

Vaishali Varshikar Vs Vijay Mourya (Madhya Pradesh High Court) The applicant has preferred this application under Section 439(2) of Cr.P.C. for cancellation of bail granted to the respondent No.1/accused by order dated 22.2.2021 passed by this Court in M.Cr.C.No. 4337/2021. As per prosecution story, respondent no.1/Vijay Mourya had entered into an agreement to sell of […]

OTS proposal is ‘acknowledgement of debt’ under Limitation Act

August 3, 2022 4782 Views 0 comment Print

Tejas Khandhar Vs Bank of Baroda (NCLAT Delhi) Section 18 of the Limitation Act gets attracted the moment acknowledgment in writing signed by the party against whom such right to initiate resolution process under Section 7 IBC ensures. Section 18 of the Limitation Act would come into play every time when the principal borrower and/or […]

Mere failure of treatment is not a ground for Medical Negligence

August 3, 2022 903 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, […]

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

August 3, 2022 933 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 […]

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