decree

Calcutta High Court dismisses obstruction plea against drawing up 28-year-old decree, emphasises “a decree cannot be left undrawn once judgment has been pronounced” while directing decree to be completed despite objections citing lack of property descriptions

Court’s Decision The Calcutta High Court dismissed an application seeking to restrain the Learned Master from drawing up a decree in a matter pending since 1997, rejecting objections raised regarding…
income tax department

Calcutta High Court dismisses Income Tax Department’s appeal challenging tribunal relief to company over alleged Rs. 2.48 crore accommodation entries, holding “there must be a direct nexus between material and belief of income escapement”

Court’s Decision The Calcutta High Court dismissed the Income Tax Department’s appeal challenging the Income Tax Appellate Tribunal’s order granting relief to the assessee in reassessment proceedings alleging receipt of…
death of horses

Bombay High Court holds insurance claim amounts received for death of horses by Poonawalla Estate Stud and Agricultural Farm to be capital receipts, not taxable as business profits, reiterating “heads of income under the Act are mutually exclusive” while quashing tax demands

Court’s Decision The Bombay High Court allowed four appeals, holding that insurance claim amounts received upon the death of horses, which were capital assets, constitute capital receipts not chargeable under…
tax

Kerala High Court quashes Perinthalmanna Municipality’s property tax demands for non-compliance with statutory publication requirements under Kerala Municipality Act and Rules, reaffirms “no levy or collection of tax save by authority of law” while directing reassessment within six months

Court’s Decision The Kerala High Court dismissed a batch of writ appeals filed by the Perinthalmanna Municipality challenging a Single Judge’s order quashing property tax demand notices issued without following…
frustration of contract

Bombay High Court sets aside finding of frustration of contract, holding non-performance due to labour strike and price rise does not constitute force majeure, directs cooperative federation to pay damages to buyer for breach of shellac supply agreement with export obligation

Court’s Decision The Bombay High Court allowed the appeal, reversing the Single Judge’s finding that the contract was frustrated under Section 56 of the Contract Act due to labour strike…
section 80 deductions

Calcutta High Court holds supply of power by captive power plants to manufacturing units should be valued at the rate charged by state electricity boards to industrial consumers for computing Section 80-IA deduction, rejecting revenue’s challenge and reaffirming “market value under Section 80-IA means open market rate to consumer”

Court’s Decision The Calcutta High Court dismissed revenue’s appeals challenging the Income Tax Appellate Tribunal’s order upholding Rungta Mines’ method of benchmarking power transfer rates from captive power plants (CPPs)…
property tax

Calcutta High Court sets aside Kolkata Municipal Corporation’s property tax demand against auction purchaser, holding no liability for pre-purchase arrears without notice and directs immediate mutation of property in buyer’s name despite municipality’s objections on unpaid prior dues

Court’s Decision The Calcutta High Court allowed the writ petition, quashing the Kolkata Municipal Corporation’s demand notices for property tax arrears for the period 2003–2011 raised against an auction purchaser…