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Supreme Court Allows Appeal in Gift Deed Dispute: Donor's Legal Representatives Have Locus to Challenge Collusive Exchange of Donated Property. Exchange of School Property by Principal and President Without Society Resolution Held Illegal and Void.

The case involves a dispute over a property donated by Smt. Randhir Kaur to Doaba Public School via a registered Gift Deed dated 27.05.1981 for educat...

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Supreme Court Sets Aside High Court Order in Income Tax Trust Registration Cancellation Case. Single Bogus Donation Can Trigger Cancellation Proceedings Under Section 12AA(3) of Income Tax Act, 1961.

The case involves an appeal by the Commissioner of Income Tax (Exemptions), Kolkata against an order of the Calcutta High Court which quashed the canc...

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Supreme Court Upholds Inclusion of Gifted Fixed Deposit Receipts in Estate of Deceased Under Section 10 of Estate Duty Act, 1953. Donor Retained Control by Renewing Receipts in Joint Names, Thus Not Excluding Herself from Benefit, Rendering Amount Liable to Estate Duty.

Purnabai, the deceased, held three fixed deposit receipts with the State Bank of Bikaner on April 1, 1953. She intended to gift the amounts to her gra...

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Bombay High Court Grants Stay on Tax Recovery in Gift of Shares Case Under Section 56(1) of Income Tax Act, 1961. Court allows stay of recovery pending appeal, subject to conditions protecting revenue, without deciding merits of taxability of gift of shares.

The petitioner, M/s. Nerka Chemicals Private Limited, a wholly owned subsidiary of Demuric Holdings Private Limited (DHPL), challenged an order dated ...

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Supreme Court Upholds Revenue in Income Tax Act Case Involving Cancellation of Trust Registration. Cancellation Under Section 12AA(3) Justified Due to Admission of Bogus Donations and Non-Genuine Activities by the Trust, Violating Its Objects and Misusing Tax Provisions.

The dispute involved the Commissioner of Income Tax (Exemptions) appealing against a High Court judgment that set aside the cancellation of registrati...

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High Court of Karnataka Quashes MCI Order Striking Off Doctor's Name from Medical Register for One Year for Alleged Violation of Transplantation of Human Organs Act, 1994 — Failure to Report Organ Retrieval from Deceased Donor Not a Ground for Erasure of Name.

The petitioner, Dr. Ramcharan Thiagarajan, a renowned surgical gastroenterologist and multi-organ transplant surgeon, was working as a consultant at F...

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Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

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Supreme Court Allows Donees to Lead Oral Evidence Contradicting Deed of Gift in Insolvency Proceedings Under Section 55 of Presidency-towns Insolvency Act, 1909. Section 92 of Evidence Act Held Inapplicable as Official Assignee Is Not a Representative in Interest of the Insolvent.

This appeal arose from proceedings initiated by the Official Assignee of Bombay under Section 55 of the Presidency-towns Insolvency Act, 1909, to decl...

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Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...