Finance judiciary-2

Appellants cannot bypass remedy of appeal by invoking writ jurisdiction of HC

Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court)

Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court) It appears that in an earlier round of litigation wherein the appellants had challenged the notice issued by the respondents under Section 8(4) of the PMLA Act, learned writ court had declined to grant indulgence in favour of the appellants and the writ […...

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HC grants bail to petitioner weighing 153 Kg & having co-morbodities

Pranjil Batra Vs Directorate of Enforcement (Punjab and Haryana High Court)

Punjab and Haryana High Court held that bail granted as co-morbodities of the petitioner falls in the exception of being sick as carved out in Section 45 of the Prevention of Money Laundering Act, 2002....

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Mere Charging of shareholder under PMLA cannot be a ground to attach property of Company

Shree Hanuman Cotton Mills Ltd. Vs Union of India (Calcutta High Court)

Charging of shareholder with crime under PMLA cannot be a ground to attach property of Company unless there is an allegation that property acquired by company was from proceeds of crime....

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PPF Account cannot be attached by banks for Settlement of Debt/ Liability

Rajnikant Punjalal Shah Karta of Rajnikant Punjalal Shah HUF  Vs Manager, Bank of Baroda (Gujarat High Court)

Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder....

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SARFAESI and RDB shall have overriding effect to HPVAT

Bhagwan Singh Vs State of Himachal (Himachal High Court)

Bhagwan Singh Vs State of Himachal (Himachal High Court) It is concluded that SARFAESI Act and RDB Act shall have overriding effect to provisions of HPVAT Act. Hence, the said property is to be permitted to be transferred in favour of petitioners free from all encumbrances in terms of E-aution. Facts- Petitioners are purchasers of [&helli...

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HC dismisses petition challenging provisions allowing IPO by LIC

L. Ponnammal Vs Union of India (Madras High Court)

L. Ponnammal Vs Union of India (Madras High Court) By this writ petition a challenge is made to Sections 128 to 146 of the Finance Act, 2021 , with an alternative prayer to declare Section 5(9) of the Life Insurance Corporation Act, 1956 and Sections 128 to 130 and Sections 132 to 146 of the […]...

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Economic Offenders Ruins The Economy of State & must be brought to book

Pankaj Goel Vs Union of India (Patna High Court)

Pankaj Goel Vs Union of India (Patna High Court) HC held that The entire community is aggrieved if the economic offenders, who ruin the economy of the State are not brought to book. A murder may be committed in the hit of moment upon passions being aroused. An economic offence is committed with cool calculation […]...

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Addl. CIT not empowered to Grant approval for reopening beyond 4 years

M N Dastur & Co Pvt. Ltd. Vs DCIT (ITAT Bangalore)

M N Dastur & Co Pvt. Ltd. Vs DCIT (ITAT Bangalore) In the present case the reopening beyond 4 years has been done by getting the approval of Addl. Commissioner and not from the Commissioner or Pr. Commissioner or Pr. Chief Commissioner. Therefore, the initiation of the proceedings u/s 148 of the Act was invalid. […]...

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Interest on income tax refund is not effectively connected with PE

ACIT (Intl. Taxation) Vs Baker Hughes Singapore Pte. (ITAT Dehradun)

ACIT (Intl. Taxation) Vs Baker Hughes Singapore Pte. (ITAT Dehradun) Article VII deals with taxation of business profits and also provides for mechanism to compute the profits of the business. Paragraph no. 4 relieves the source State from the rigors of paragraphs nos. (1) and (2) in case the interest is found to be effectively […]...

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HC directs RBI to replace Demonetized Currency with Valid Notes which were in Police Custody

Kishor Ramesh Sohoni Vs Union of India & Ors (Bombay High Court)

Kishor Ramesh Sohoni Vs Union of India & Ors (Bombay High Court) Petitioner asks is for a direction to the RBI to replace the old currency notes since they were all along in custody of the police with valid current tender. HC exercises its equitable discretionary jurisdiction under Article 226 of the Constitution of India […]...

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