A Stranger to a Decree Cannot Claim Injury Unless He Shows Adverse Impact: Calcutta High Court Dismisses Challenge to Compromise over Debottar Property Land Acquisition | Compensation Based on Post-Notification Auction Sales Is Legally Unsustainable:  Supreme Court Slashes Exaggerated Land Value in Outer Ring Road Acquisition Case Limitation Cannot Defeat Joinder of Necessary Parties Under Order 1 Rule 10 CPC: Gujarat High Court Upholds Addition of Co-Plaintiffs in Ongoing Civil Suit Award Passed by Lok Adalat Cannot Be Challenged Before Civil Court Even on Grounds of Fraud: Bombay High Court Quashes Application Seeking Annulment of Settlement Comparability Must Be Proven — Proximity Alone Not Enough for Land Valuation: Orissa High Court Rejects Enhancement Claim in Land Acquisition Appeal Section 37 NDPS Cannot Override Article 21 Forever – Pre-Trial Custody Cannot Be Endless: Punjab & Haryana High Court Grants Bail in 90kg Poppy Husk Case If Title Is Prima Facie, Suit for Cancellation of Sale Deed Lies in Civil Court: Allahabad High Court Dismisses Appeal Against Widow’s Challenge to Alleged Fraudulent Transfer Tenant Remains a Tenant—Cannot Claim Ownership or Deny Eviction After Lease Ends: Andhra Pradesh High Court Dismisses Second Appeal Over Shop Possession Disrobing a Minor Is Aggravated Sexual Assault Even Without Penetration: Calcutta High Court Affirms Conviction Under Section 354B IPC and Section 10 POCSO Right to Property Remains a Constitutional Right – Even Drug Law Must Respect Due Process: Telangana High Court Upholds Freezing Order Under NDPS Act

"TAXATION LAW" Digest

Personal Injury Compensation - Motor Vehicle Accident - Assessment of compensation for injuries sustained in a road accident - Claimant suffered multiple fractures to the left ankle, underwent surgeries, and incurred medical expenses - Claimant's income assessed based on income tax return prior to the accident - Assessment of permanent physical disability and future loss of earnings - Award fo...

Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s ret...

Income Tax Law – Appeal against ITAT order – Submission of Audit Report – High Court dismisses Revenue's appeal challenging ITAT's decision to allow assessee's exemption under Section 11 of Income Tax Act despite late filing of audit report in Form 10B – Tribunal's reliance on CBDT Circulars clarifying deadlines for returns accepted – No substantial qu...

Master Circular on Wilful Defaulters – Interpretation and Application – Forensic Audit Report – Validity and Reliance – Writ petitions challenging the decision of the Willful Defaulter Identification Committee and the Review Committee (RC) of the Central Bank of India declaring the petitioners as willful defaulters. The main evidence relied upon by the First Committee was a...

Quashing of Complaint and Related Proceedings under Section 482 CrPC - Petition filed by the petitioner under Section 482 CrPC seeking quashing of complaint No. COMA/736/2017 pending in the Court of ld. Chief Judicial Magistrate, Ludhiana, under Section 276CC of Income Tax Act, 1961, along with summoning order and framing of charges - Petitioner contends that matter has been settled by the Settlem...

Goods and Services Tax Act – Refund claim – Limitation period for filing refund application – Proper officer rejecting the petitioner's refund claim as barred by limitation – Petitioner assailing the rejection – Challenge to vires of Rule 90(3) of the CGST Rules and paragraph 12 of the impugned Circular – Nature of deficiencies noted – Whether applicat...

Income Tax – Reassessment under Section 148 – Examination of legality of notices issued under Sections 148A(b) and 148A(d), and Section 148 post-final assessment order – Initially, reassessment notice issued on 31 March 2021, followed by an assessment order on 31 March 2022 imposing additional income based on alleged penny stock transactions – Subsequent notices on 1 June 2...

Income Tax – Reassessment Notice Validity – Challenge against reassessment notice issued under Section 148 and subsequent order under Section 148A(d) – Notice based on transactions with Mr. Manoj Sethi, alleged to have unexplained cash deposits – Petitioner contends all transactions were through cheques and fully disclosed during original assessments – Court finds no ...

Writ Petition – Recovery of Sales Tax – Petitioner impugns Ext.P1 and Ext.P4 notices related to recovery of Sales Tax dues along with interest and collection charges – Petitioner challenges the authority of the District Collector to grant installments under Kerala General Sales Tax Act and Rules. [Para 2-3] Statutory Provisions – Kerala General Sales Tax Rules, 1963, and...

Valuation of Shares – Section 56(2)(viib) Income Tax Act – Appellant challenged ITAT’s upholding of AO’s rejection of Discounted Cash Flow (DCF) Method in favor of Net Asset Value (NAV) Method for share valuation – ITAT’s decision questioned regarding its authority to substitute the valuation method – ITAT held DCF Method to be unrealistic, substituting it...