News Updates
IBC Amendment Prescribing Minimum Number Of Homebuyers Applicable To All Company Petitions Pending For Final Admission: NCLT Mumbai
The National Company Law Tribunal, Mumbai Bench, comprising Shri H.V. Subba Rao (Judicial Member) and Smt. Anu Jagmohan Singh (Technical Member), while adjudicating an application under Section 7 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in S. Ramasubramonian vs Shree Sukhakarta Developers Private Limited has held that the IBC amendment prescribing the minimum number...
Litigant Has No Right To Ask NCLT Member To Recuse Himself From Hearing : NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Ishrat Ali v The Cosmos Cooperative Bank Ltd. & Anr., has held that a litigant has no right under Rule 62 of NCLT Rules, 2016 to seek recusal of a NCLT Member from hearing...
Sex Work Not An Offence, Detention Of An Adult Sex Worker For No Reason Infringes Fundamental Rights Under Article 19: Mumbai Court
Indulging in sex work is itself not an offence but prostitution in a public place can be an offence, a Sessions Court observed while ordering the release of a 34-year-old alleged sex worker from a shelter home.Additional Sessions Judge CV Patil set aside a magistrate’s order to detain the woman at the Navjeevan Mahila Vastigriha, Deonar for one year for her care and protection considering...
Awdhesh Rai Murder Case Against Ex-UP MLA Mukhtar Ansari: Arguments Concluded, Varanasi Court To Pronounce Judgment On June 5
The Judgment in the 31-year-old Awadhesh Rai murder case, in which former UP MLA Mukhtar Ansari is the prime accused, will be delivered by Special Judge (MP/MLA) Avneesh Gautam on June 5. The Court concluded the hearing in the matter after arguments in the case were completed on May 19. On May 22, Advocate Srinath Tripathi, appearing on behalf of Ansari, filed 31 page written arguments before...
Rahul Gandhi Moves Delhi Court Seeking No Objection For Issuance Of Fresh Passport
Congress leader Rahul Gandhi has moved a Delhi Court seeking no objection for issuance of fresh ordinary passport to him, after he surrendered his diplomatic passport on being disqualified as a Member of Parliament. The application has been moved by Gandhi in the National Herald case filed by former MP Subramanian Swamy against him in Rouse Avenue Courts. He, along with his mother Sonia...
Rejection Of Application Under SVLDR Scheme Without A Hearing Is Violative Of Principles Of Natural Justice: Delhi High Court
The Delhi High Court has held that the summary rejection of the application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR Scheme) without affording the opportunity to be heard would violate the principles of natural justice.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that in terms of the SVLDR Scheme, the petitioner would be entitled to...
TDS To Be Deducted By Online Game Platforms When The Winning Amount Exceeds The Threshold Of Rs. 100: CBDT
The Central Board of Direct Taxes (CBDT) has issued the Guidelines for the removal of difficulties under section 194 BA (3) of the Income-tax Act, 1961.The new section mandates a person, who is responsible for paying any person any income by way of winnings from any online game during the financial year to deduct income tax on the net winnings in the person's user account. Tax is required to...
‘Input Service’ Include Any Service Received In Or In Relation To Setting Up, Modernisation, Renovation Or Repair Of The Factory Premises: CESTAT Allows Cenvat Credit
The Chandigarh Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the construction services and other services that are necessary for the renting of the business fall under the definition of ‘input service’ as provided under Rule 2(l) of the Cenvat Credit Rules, 2004.The two-member bench of S. S. Garg (Judicial Member) and P. Anjani Kumar...
PM Modi Degree Defamation Case| Ahmedabad Court Issues Fresh Summons To Delhi CM Arvind Kejriwal, RS MP Sanjay Singh
A Court in Gujarat's Ahmedabad District today issued a fresh summons to Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party's Rajya Sabha MP Sanjay Singh in a criminal defamation complaint filed by Gujarat University for their (Kejriwal & Singh) alleged derogatory statements made in connection with the controversy regarding Prime Minister Narendra Modi’s academic degree. The...
Income To Be Computed First After Making The Disallowance And Only 40% Resultant Income Has To Be Treated As Taxable Income: ITAT
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has held that the income of the assessee should be computed first after making the disallowance and whatever the resultant income only 40% of that income has to be treated as taxable income in terms of Rule 8(1) of the Income Tax Rules, 1962.The bench of Sanjay Garg (Judicial Member) and Rajesh Kumar (Accountant Member) has directed...
BREAKING: Varanasi District Judge Consolidates All Pending Suits Concerning Gyanvapi Dispute, To Hear Them Together
A Varanasi Court today allowed an application moved before it seeking to consolidate eight Gyanvapi-related suits pending before various courts. Now, all these matters will be heard together by the district judge's court.District Judge Ajaya Krishna Vishvesha passed this order today observing that all the matters should be tried together and consolidated together."I am of the opinion that it...
CENVAT Credit Is Not Admissible On Input Services Attributable To Trading Activity: CESTAT
The Chandigarh Bench of the Income Tax Appellate Tribunal (CESTAT) has held that CENVAT credit is not admissible on input services attributable to trading activity.The bench of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that the appellants have rendered themselves liable to pay a penalty under Rule 15 of the CENVAT Credit Rules, 2004. However, while...