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EDC TDS Demand: ITAT Delhi Sets Aside ₹1.53 Crore Liability Against DLF Homes, Remands Matter For Section 201(1) Verification
Arpith Rana The Delhi Bench of the Income Tax Appellate Tribunal has set aside an order upholding a ₹1.53 crore demand against DLF Homes Panchkula Private Limited for alleged failure to deduct tax at source on External Development Charges (EDC) paid to the Haryana Urban Development Authority (HUDA), now known as Haryana Shahari Vikas Pradhikaran (HSVP).
DNA Evidence Establishes Sexual Intercourse, Not Whether It Was Consensual: Delhi High Court Upholds Acquittal In Rape Case
Isabella Mariam The High Court of Delhi Single Bench of Justice Madhu Jain has dismissed the prosecutrix’s appeal and upheld the acquittal of a man accused of repeatedly sexually assaulting her, administering an intoxicating substance, threatening her and committing unnatural sexual acts. The Court observed that although DNA evidence established that the accused was the biological father of her child and proved sexual inter...
Foreign Medical Degrees Must Be Authenticated For Candidates To Appear In FMGE: Delhi High Court
Isabella Mariam The High Court of Delhi Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia upheld the mandatory authentication of foreign medical degrees for appearing in the Foreign Medical Graduate Examination and dismissed a petition challenging the requirement and the candidates’ disqualification. The Court observed that embassy attestation or apostillation enables the examination authority...
Mere Possession Of Books With ‘Dispiriting Titles’ Does Not Make One A Criminal: J&K&L High Court Quashes PSA Detention Of Academic Scholar, Orders Immediate Release
The High Court of Jammu & Kashmir and Ladakh Single Bench of Justice Moksha Khajuria Kazmi quashed an academic scholar’s detention under the Public Safety Act and directed his immediate release, finding that the detaining authority had identified no subversive or prejudicial activity warranting preventive custody. Allowing the petition filed on the detainee’s behalf, the Court held that mere possession of books bearing dispiriting titles did not make him a criminal liable to preventive detention. ...
‘Dignified Renunciation’ Of Office, Not Chase For ‘Lost Briefs’ Through Writ Route, Expected; Jharkhand High Court Dismisses Govt Pleader’s Plea Against Termination
Safiya Malik The Jharkhand High Court Single Judge Bench of Justice Deepak Roshan dismissed a public prosecutor’s petition challenging the termination of his engagement by the CBI authorities, finding that the prescribed one-month notice had been given and no arbitrariness or mala fides were established. The Court observed that the State cannot be compelled to retain a particular advocate and that a government pleader whose...
Revenue Cannot Take Contradictory Stands To Deny CENVAT Refund Without Demanding Service Tax: CESTAT Mumbai Allows Flipkart's Appeals
Arpith Rana The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the Revenue cannot deny refund of accumulated CENVAT credit by treating services as not qualifying as exports when it has not initiated proceedings to recover service tax on the very same services. A Bench comprising Judicial Member S.K. Mohanty and Technical Member Sanjiv Srivastava allowed four appeals filed by Flipkart Internet Pvt. Ltd. against rej...
