Audit Report Alone Is Not Proof of Loss: Himachal Pradesh High Court Rejects ₹2.54 Crore Insurance Claim Filed by Co-operative Bank for Employee Fraud Divisional Commissioner Has No Jurisdiction to Cancel Sale Permission Once Conveyance Is Complete: Bombay High Court Rules in Landmark Land Transfer Case Once Land Is Vested Under LDP Act, There Is No Lapse, No Going Back: Calcutta High Court Refuses Fresh Acquisition Under 2013 Act Courts Cannot Conduct a Mini-Trial at Cognizance Stage—Delhi High Court Upholds Summoning in SC/ST Act, IPC Case Involving Police Officer Liberty Cannot Override the Horrors of Lynching: Bombay High Court Denies Bail in Palghar Mob Killing Case Mere Plea of Oral Partition Not Sufficient Without Corroborative Evidence: Karnataka High Court Voluntary Abandonment of Infant Child Constitutes Cruelty; Father Retains Custody: Karnataka High Court Mere Delay Is No Ground To Quash Disciplinary Proceedings When Serious Financial Irregularities Are Alleged: Madhya Pradesh High Court Upholds Charge-Sheet For Fraudulent Medical Claims Employer’s Insurance Cannot Offset Motor Accident Compensation: Delhi High Court Upholds Just Claims of Deceased’s Family Dying Declaration Must Inspire Confidence—Absence of Dowry Allegation Weakens Prosecution Narrative: Andhra Pradesh High Court Upholds Acquittal in Dowry Death Case Proposed Accused Cannot Challenge FIR Direction: Allahabad High Court Dismisses Criminal Revision Against Magistrate’s Order Under Section 156(3) CrPC Delay in Impleading Legal Heirs No Ground to Dismiss Entire Revision: Supreme Court Restores Civil Revision, Condemns Overtechnical Approach Generalised Allegations Without Specifics Against In-Laws Are Not Enough To Sustain Criminal Prosecution: Supreme Court Quashes Dowry Case

"TAXATION LAW" Digest

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...

Jurisdiction - Central Goods and Services Tax Act, 2017 - Remittance for re-adjudication - Challenge to the order disposing of the Show Cause Notice proposing a demand against the petitioner - Allegation of non-receipt of notice due to retrospective cancellation of GST registration - High Court finds merit in petitioner's contention and sets aside the impugned order - Matter remitted to Proper...

Interest on Compensation – Land Acquisition Act, 1894 – Examination of taxability of interest earned on compensation or enhanced compensation ordered under Land Acquisition Act, 1894 – Question of whether such interest falls under Income Tax Act, 1961 provisions [Paras 1, 18]. Income Tax Appellate Tribunal (ITAT) Decision – Reversed by High Court – ITAT deleted add...

Quashing of Section 153C Notices – Writ Petitions challenging validity – Notices under Section 153C of the Income Tax Act, 1961 quashed for most petitioners - Held – Notices unsustainable when no incriminating material related to assessment years in question found during search - Section 153C empowers reopening of six assessment years immediately preceding year of search, subject...