Search Results for Tag : Section 5

Judgments

Terminated venture between HP and HCL not chargeable to capital gains tax(21.12.2015)

The Delhi High Court ruled in favour of HCL Infosystems in a long running tax case arising from termination of a joint venture agreement between HCL a.....

Tags : Capital gains, joint venture, right to manufacture, section 55

News

SC: Trail Under NDPS Act Stands Vitiated if Samples are Drawn Violating Section 52A(16.10.2023)

Supreme Court has held that once it is apparent that the seized contraband and the samples drawn therefrom were not as per the mandate of Section 52A .....

Tags : Supreme Court, NDPS, Contraband, Section 52A

ITAT: Purchase of Land before Sale of Capital Asset ineligible for Deduction(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that the capital gain exemption under Section 54 of the Income Tax Act, 1961 cannot be availed in case o.....

Tags : Income Tax Appellate Tribunal, Section 54, Income Tax Act, 1961

Section 50C can’t be Applied When Property Sold Under Pressure: ITAT(05.04.2019)

Income Tax Appellate Tribunal (ITAT), Chennai bench has held that the provisions of Section 50C of the Income Tax Act, 1961 cannot be applied when the.....

Tags : ITAT, Chennai Bench, Section 50 C Income Tax Act

Delhi HC: Marriage Between Sapindas Prohibited Under HMA Unless Sanctioned by Usage or Custom(24.01.2024)

Delhi High Court while upholding the validity of Section 5(v) of the Hindu Marriage Act, 1955 (HMA) has held that marriage cannot be solemnized betwee.....

Tags : Delhi High Court, Sapindas, Section 5(v) of HMA

SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....

Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act

Del. HC: Confessional Statement u/s 50 of PMLA Can Only be Used for Corroboration of Evidence(11.03.2024)

Delhi High Court has held that confessional statement under Section 50 of Prevention of Money-Laundering Act, 2002 (PMLA) can only be used for corrobo.....

Tags : Delhi High Court, Section 50 of PMLA, Confessional Statement

Government Can’t Share Aadhaar Data With Body Corporates: Supreme Court(26.09.2018)

Supreme Court has struck down Section 57 of Aadhaar Act which allowed Government to share Aadhar data with body corporates.

Tags : Supreme Court, Aadhaar, Section 57

Bombay HC Rejects Plea Challenging Vires of Section 56 of CPC on Arrest of Women(10.11.2016)

Bombay High Court has dismissed a plea seeking scrapping of Section 56 of CPC, which prohibits arrest or detention of women in execution of decree for.....

Tags : Bombay High Court, Section 56, CPC, Constitution

Supreme Court: Actual Statement Made by Person in the Court is Evidence Before Court(16.04.2024)

Supreme Court has observed that a statement made by a person in the Court itself is to be considered as evidence before the Court and not the statemen.....

Tags : Supreme Court, Section 50 of PMLA, Evidence

SC: Can Apply Doctrine of ‘Lis Pendens’ Even if Section 52 of TPA Inapplicable in a State(07.05.2024)

Supreme Court has held that there can be no doubt that even if Section 52 of the Transfer of Property Act, 1882 does not apply in its strict sense to .....

Tags : Supreme Court, Lis Pendens, Section 52 of TPA

SC: Can Apply Doctrine of ‘Lis Pendens’ Even if Section 52 of TPA Inapplicable in a State(07.05.2024)

Supreme Court has held that there can be no doubt that even if Section 52 of the Transfer of Property Act, 1882 (TPA) does not apply in its strict sen.....

Tags : Supreme Court, Lis Pendens, Section 52 of TPA

ITAT, Pune: Exemption of Capital Gain u/s 54F not available for Purchase of Office Premises(11.04.2022)

Income Tax Appellate Tribunal, Pune has observed that the exemption of capital gain under section 54F of the Income Tax Act, 1961 is unavailable if th.....

Tags : Income Tax Appellate Tribunal, capital gain, section 54F of the Income Tax Act, 1961, sale consideration

Rajasthan HC: Appeals u/s 58 RERA Act to be Filed with Court Fees(13.04.2022)

Rajasthan High Court has held that where there is no specific provision for payment of Court fees on appeals under Section 58 of the Real Estate Regul.....

Tags : Rajasthan High Court, Real Estate Regulatory Authority Act, 2016, Rule 37, Section 58

ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....

Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period

Rajasthan HC: Respondents Have Right to Legal Representation Before Regulatory Authority/ Tribunal(29.04.2022)

Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes right o.....

Tags : Rajasthan High Court, Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal, Regulatory Authority, adjudicating officer, ultra vires

Gujarat HC Allows GST Refund to Service Recipient Who Borne Tax Burden(09.05.2022)

Gujarat High Court has ruled that, as per Section 54 of the Central Goods and Services Tax Act, 2017 a claim of refund may be made directly by the rec.....

Tags : Gujarat High Court, Section 54, Central Goods and Services Tax Act, 2017, tax

ITAT, Ahmedabad: Third Party Shareholders Renouncing Rights Shares is Liable to Tax U/S 56(2)(10.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that third party shareholders renouncing rights shares in favour of the assesse are liable to tax u.....

Tags : Income Tax Appellate Tribunal, assesse, Section 56(2), Income Tax, 1961

CBDT Notifies Tax Exemption to Startups from 'Rigour' of Section 56(2)(viib) of Income Tax Act(20.06.2016)

Central Board of Direct Taxes (CBDT) has notified tax exemption on investments above fair market rate for startups. The exemption is provided to start.....

Tags : Central Board of Direct Taxes, section 56(2)(viib) of Income Tax Act, startups

Calcutta HC: Gazetted Officer Who Is Part Of Raid Is Not 'Independent Person'(16.05.2022)

Calcutta High Court has held that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person. The Court furthe.....

Tags : Calcutta High Court, Search, Section 50 of Narcotic Drugs and Psychotropic Substance Act

Calcutta HC: Gazetted Officer Who Is Part of Raid Is Not 'Independent Person'(16.05.2022)

Calcutta High Court has held that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person. The Court furthe.....

Tags : Calcutta High Court, Search, Section 50 of Narcotic Drugs and Psychotropic Substance Act

Supreme Court: A Sale Cannot be Said to be a Contract(15.10.2024)

SC has observed that though an agreement to sell is a contract of sale, going by its definition under Section 54 of TPA, a sale cannot be said to be a.....

Tags : Supreme Court, Agreement to Sell, Section 54

HP HC: Section 5 of Limitation Act Isn’t Applicable to Petition u/s 34 of A&C Act(14.04.2025)

HP High Court has held that since Section 5 of the Limitation Act, 1963 is not applicable on a petition filed under Section 34 of the Arbitration and .....

Tags : HP High Court, Section 34, Section 5

NCLAT: When S. 54C App. is Filed 14 Days after S.7 Application, the Latter should be Decided First(12.02.2025)

NCLAT New Delhi bench has held that as per section 11A(3) of IBC, application under Section 7 must be decided first when application under section 54C.....

Tags : NCLAT New Delhi, Section 54C, IBC

SC: Senior’s Admonition Not Criminal Offence Under Section 504 of IPC(13.02.2025)

SC has held that senior's admonition cannot be reasonably attributed to mean an 'intentional insult with the intent to provoke' within Section 504 of .....

Tags : Supreme Court, Senior's Admonition, Section 504