News Updates
Department Adjusting The Refund Amount Under Amnesty Scheme Without Notice Violates Principles of Natural Justice: Bombay High Court
The Bombay High Court has held that the action of the department in making the adjustment of a refund due to the petitioner while considering the application under the Amnesty Scheme without notice to the petitioner is in utter disregard of the well-established principles of natural justice and has caused grave prejudice to the petitioner.The bench of Justice Nitin Jamdar and Justice Abhay...
18% GST Payable On The Commission If Commission Is Deducted On The Bonus Amount As An Intermediary: AAR
The Telangana Authority of Advance Ruling (AAR) has ruled that 18% of the commission will be deducted from the bonus amount as an intermediary.The bench of Kasi Visweswara Rao and Sahil Inamdar has observed that 5% GST is payable on the rest of the amount, which is arrived at after excluding the commission from the entire bonus, as it would be included as the value of supply of canteen...
Delhi Riots: Court Acquits Three Men For Lack Of Proof, Says Possibility Can’t Become Evidence
A Delhi Court has acquitted three men in a case concerning the 2020 North-East Delhi riots for lack of proof, while observing that possibility cannot become evidence.Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts acquitted Dinesh Yadav alias Michael, Sandeep alias Mogli and Tinku of the charges of rioting and being members of a riotous mob which vandalized two properties...
Once The Importers/Exporters Are Granted Immunity From Prosecution, Fine, Penalty It Is Unfair To Continue The Proceedings: CESTAT
The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that once the importers and exporters have been granted immunity from prosecution, fines, and penalties, and proceedings against them have come to an end, it is discriminatory and unfair to continue the proceedings against the co-notices.The bench of Anil Choudhary (Judicial Member) has observed that...
DGFT Prohibits Import Of Apple If CIF Value Is Below Rs. 50 Per Kg
The Director General of Foreign Trade (DGFT) has amended the import policy condition for apples.The government has prohibited the import of apples if the cost, insurance, and freight (CIF) price is less than Rs. 50 per kilogram.The existing import condition for apples is free. As per the revised policy, it is prohibited. As per the revised policy, imports are "free" if the CIF value is above...
NCLT Delhi Admits Go Airlines Into Insolvency, Directs IRP To Ensure Employees Are Not Retrenched
The National Company Law Tribunal (“NCLT”), New Delhi Bench, comprising of Justice Ramalingam Sudhakar (President) and Shri L.N. Gupta (Technical Member), while adjudicating a petition filed by Go Airlines (India) Limited, has admitted Go Airlines (India) Limited into Corporate Insolvency Resolution Process (“CIRP”) and Mr. Abhilash Lal has been appointed as the Interim...
NCDRC: The Waiting Period For The Possession Of The Flat Must Be Reasonable, Buyer Cannot Be Made To Wait Indefinitely
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member, Justice R.K. Agrawal, S.M. Kantikar and Binoy Kumar while adjudicating on a matter related to the alleged late delivery of property, held that processing the Fire NOC and termination of the contract with the previous contractor are not valid reasons for the delay in completing of an...
Delhi High Court Upholds Arbitral Award In Favour Of Reliance; Dismisses GOI’s Challenge Alleging Fraud And ‘Unjust Enrichment’ In Relation To Gas Extraction
The Delhi High Court bench comprising Justice Anup Jairam Bhambhani has upheld the 2018 arbitral award passed in favour of Reliance Industries Limited (RIL) in an international commercial arbitration arising from a dispute between the conglomerate and the Ministry of Petroleum & Natural Gas, Government of India, under a ‘Production Sharing Contract’ (PSC) executed in 2000,...
NCDRC: Surveyor Report In An Insurance Claim Is Inconclusive And Not Binding On The Insured Or The Insurer
During a recent adjudication on an insurance claim dispute, the bench of the National Consumer Dispute Redressal Commission (NCDRC) led by presiding member, Justice R.K. Agrawal, made a significant decision and held that an insurance company cannot evade liability as per the insurance policy if the insured was not responsible for the fire incident. The Commission observed that the...
Person Who Only Advances An Amount For Supply Of Goods & Services Is Not An “Operational Creditor”: NCLT Chennai
The National Company Law Tribunal, Chennai Bench, comprising Shri Sanjiv Jain (Judicial Member) and Shri Sameer Kakar (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Mr.V. Umadevi vs Kumarna Gin & Pressing Pvt. Limited has held that the payment of advance amount to receive the supply of goods...
Tamil Nadu Govt Files Criminal Defamation Case Against BJP State President K Annamalai For Statements Against CM MK Stalin
Tamil Nadu government has moved the Principle District and Sessions Court Chennai seeking action against the State President of Bharatiya Janata Party K Annamalai for making defamatory statements against the Chief Minister MK Stalin. The complaint has been moved through City Public Prosecutor. On May 14th, Annamalai had released 'DMK Files', claiming that many members of the ruling DMK party...
Claim Of Compensation Cannot Become Part Of Operational Debt Until The Liability Is Adjudicated By A Competent Authority: NCLT Mumbai
The National Company Law Tribunal, Mumbai Bench, comprising Shri Kuldip Kumar Kareer (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Chandrashekhar Export Pvt. Ltd vs Babanraoji Shinde Sugar & Allied Industries Ltd. has held that Operational Debt must...