News Updates
Arbitration Cases Weekly Round-Up: April 30 To May 06, 2023
Bombay High Court: Invalidity Of Board Resolution Is A Procedural And Curable Defect, Cannot Lead To Rejection Of Claims And Termination Of Arbitral Proceedings: Bombay High Court Case Title: Palmview Investments Overseas Limited vs Ravi Arya The High Court of Bombay has held that any defect in the board resolution authorizing a person to initiate arbitration is only a...
Drishyam Vidhi | Audio-Video Mode Of Teaching And Learning Criminal Law Introduced At DNLU, Jabalpur
To bridge the gap between the Academics and Practice of Criminal Law, a new audio-video mode of teaching and learning Criminal Law called 'Drishyam Vidhi' has been introduced in Dharmashastra National Law University, Jabalpur. The idea was conceptualized by Madhya Pradesh High Court judge Justice Anand Pathak, who had earlier demonstrated this mode of learning at a limited scale in a Conference of Police Officers (for investigation purpose) and before the Civil Judges at State...
GSTN Notifies Deferment Of The Implementation Of Time Limit On Reporting Old E-Invoices
The Goods and Service Tax Network (GSTN) has notified the deferment of the implementation of a time limit on reporting old e-invoices.“It has been decided by the competent authority to defer the imposition of a time limit of 7 days on reporting old e-invoices on the e-invoice IRP portals for taxpayers with aggregate turnover greater than or equal to 100 crores by three months,” the...
12% GST Payable On Accommodation Building Located Outside The Boundary Of The Religious Place: AAR
The Ahmedabad Bench of the Authority of Advance Ruling (AAR) has ruled that GST is payable on accommodation buildings located outside the boundary of the religious place.The bench of Amit Kumar Mishra and Milind Kavatkar has observed that Nandini Ashram Trust is liable for GST registration in terms of Section 22 of the CGST Act, 2017, subject, however, to the threshold limit of his...
Departmental Action Demanding Service Tax At Visakhapatnam Unit Does Not Warranted Any Action In Kolkata Unit: CESTAT
The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that departmental action demanding service tax at the Visakhapatnam unit does not warrant any action in the Kolkata unit.The bench of P.K. Chaudhary (Judicial Member) and K. Anpazhakan (Technical Member) has observed that the Commissioner has rightly dropped the proceedings initiated against...
Bombay High Court Directs Dept. To Issue A Fresh Form-3 Under DTVSV After Giving Credit Of The Amount Paid Under The IDS
The Bombay High Court has held that the money lying in the corpus of the revenue had simply to be adjusted by way of a mathematical exercise and benefit accorded to the petitioner under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV).The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata directed the department to issue a fresh Form-3 after giving the petitioner credit for the...
Gyanvapi 'Controversial' Remarks Case| Varanasi Court Again Issues Notice To Akhilesh Yadav, Asaduddin Owaisi In Revision Plea
A Varanasi court on Saturday once again issued a notice to the Samajwadi Party Chief Akhilesh Yadav and AIMIM Chief Asaduddin Owaisi in a revision plea seeking registration of criminal cases against them for allegedly making controversial remarks in relation to the Gyanvapi Mosque-Kashi Vishwanath Temple Dispute.Earlier, on March 28, the Court had issued them the notices, however, since no...
CBIC Issues Guidelines For Special All-India Drive Against Fake Registrations
The Central Board of Indirect Taxes and Customs (CBIC) has issued the guidelines for the Special All-India Drive against fake registrations.A Special All-India Drive may be launched by all Central and State Tax Administrations during the period May 16–July 15, 2023, to detect suspicious or fake GSTINs, conduct requisite verification, and take further remedial action to weed out these...
Department Has No Right To File Revision Application In Case Of Refund Of Service Tax On Export Of Services: CESTAT
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the department has no right to file a revision application in case of refund or rebate of service tax on the export of services since no such provision has been made for Revenue to file a revision application.The bench of S. K. Mohanty (Judicial Member) and M. M. Parthiban (Technical Member)...
Liquor Policy: Delhi Court Grants Bail To Two Accused In Money Laundering Case
A Delhi Court has granted bail to two accused persons in the money laundering case connected to implementation of the national capital's excise policy of 2021-22.Special Judge MK Nagpal of Rouse Avenue Courts granted bail to Rajesh Joshi and Gautam Malhotra and ordered their release from custody subject to furnishing of a personal bond of Rs. 2 lakhs each. It has been alleged by...
CoC Resolution With 66% Voting Share Not A Pre-Condition For Liquidation When No Resolution Plan Received By The AA: NCLT Hyderabad
The National Company Law Tribunal, Hyderabad Bench, comprising Smt. Telaprolu Rajani (Judicial Member) and Shri Charan Singh (Technical Member), while adjudicating an application under Section 33(1) of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in State Bank of India vs Suryajyothi Spinning Mills Ltd has held that a resolution by the CoC with 66% voting share for Liquidation...
Orissa High Court CJ Muralidhar Expresses Concern Over Misuse Of Court Live-Streaming Clips On YouTube; Bats For ‘Judicial Data Security Policy’
Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar on Saturday expressed concern over misuse of video clips from the live-streaming of various High Courts which are being made available on YouTube and urged to introduce a comprehensive ‘Judicial Data Security Policy’ to secure judicial data.He was addressing a galaxy of Judges from various High Courts and District Judges...