News Updates
NCLAT Delhi Admits YEIDA’s Appeal Against Jaypee Infratech Resolution Plan On Additional Compensation To Farmers
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Yamuna Expressway Industrial Development Authority v Monitoring Committee of Jaypee Infratech Ltd. & Ors., has admitted the appeal filed by the Yamuna Expressway Industrial...
No Excise Duty Payable On Amortization Cost Of The Cylinder: CESTAT
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is payable on the amortization cost of the cylinder.The bench of Ramesh Nair (Judicial Member) and C.L. Mahar (Technical Member) has observed that for the purpose of valuation of the packaging material, the amortization cost of the cylinder needs to be included in a...
‘No Evidence Of Handling Of Arms Or Joining Classes For Radical Teaching On Religious Lines’: Delhi Court Grants Bail To Kashmiri Youth In UAPA Case
A Delhi Court has granted bail to a 22-year-old Kashmiri Youth in a UAPA case, observing that there was no evidence of handling of arms or joining of any classes for radical teaching on religious lines by him. Special NIA judge Shailendar Malik of Patiala House Courts granted bail to Mateen Ahmed Bhatt who was arrested on October 13, 2021.“…I find that accusation against the accused does...
Inspection Charges Received In Connection With The Sale Of Goods Are Not Includible In Assessable Value: CESTAT
The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that inspection charges received in connection with the sale of the goods are not includible in the assessable value in the absence of evidence.The bench of P.K. Chaudhary (Judicial Member) and K. Anpazhakan (Technical Member) observed that pre-delivery inspection charges are included in the...
Applicant Should Have The Qualification On Date, Proof Can Be Produced Later: Punjab & Haryana HC Reiterates
A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of Narender Kumar vs Dr. Kuldeep Singh and others has held that it is necessary to have the essential qualification by the date of the application and the proof of publication can be produced later which...
Interest Can Be Added To Reach 1 Crore Threshold Only If Provided In The Agreement : NCLT New Delhi Reiterates
The National Company Law Tribunal, New Delhi Bench, comprising Shri Bachu Venkat Balram Das (Judicial Member) and Shri L.N. Gupta (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in M/s Bhotika Trade and Services Pvt. Ltd. vs M/s. Avinash EM Projects Pvt. Ltd. has reiterated that interest can be charged...
Arbitration Clause Extinguishes After Dissolution of Partnership; Gujarat High Court Rejects S.11 Petition
The Gujarat High Court has ruled that once the partnership at will is dissolved, the arbitration clause contained in the partnership deed cannot be invoked to refer the dispute between the partners to arbitration. The bench of Justice Biren Vaishnav was dealing with an arbitration clause which provided for reference of the dispute between the partners with regard to the “dealing of...
Virtual Traffic Court Made Operational In Gujarat For Traffic eChallans
Virtual Traffic Court at Metropolitan Court, Ahmedabad for Traffic eChallans from Gujarat was made operational on May 03."Upon successful integration of One Nation One Challan project with Traffic Police Challans and RTO Challans in the State of Gujarat, the Virtual Traffic Court under the aegis of the eCourts Project has been implemented with guidance from the eCommittee of Hon’ble...
Inter-State Supply Of Ambulances To Tripura Government Attracts 28% IGST: AAR
The Telangana Authority of Advance Ruling (AAR) has held that the supply of ambulances to the Tripura government attracts 28% IGST as it is an interstate supply.The bench of Kasi Visweswara Rao and Sahil Inamdar ruled that the liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of Section 12 of the CGST/TGST Act, 2017, and that...
Merely Sending Of Summons By DLSA Can’t Be Considered A Proceeding: NCLT New Delhi
The National Company Law Tribunal, New Delhi Bench, comprising Shri P.S.N Prasad, (Judicial Member) and Dr. Binod Kumar Sinha (Technical Member), while adjudicating an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Supernova Tech Craft Engineering Overseas Limited vs Valtrom Technologies Private Limited has held that merely sending summons...
NCLT Ahmedabad & Indore Benches Re-Constituted W.E.F 3rd May 2023, Matters To Be Heard Through VC
The National Company Law Tribunal, Ahmedabad and Indore Benches, have been re-constituted vide a Circular dated 02.05.2023 issued by NCLT. The re-constituted Benches shall comprise of: NCLT Ahmedabad NCLT Ahmedabad Court Room No. I (Monday, Tuesday & Wednesday) (First Half) Shri Shammi Khan (Judicial Member)Shri K.K. Singh (Technical Member) NCLT Ahmedabad...
Department Cannot Decide Title Of The Goods When No One Disputes Ownership: CESTAT
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the department cannot self-assign to itself the duty of declaring bad in law the certificate issued to the importer by the Ministry of Renewable Energy or decide the title to the goods, even when no one is disputing ownership.The bench of Somesh Arora (Judicial Member) and Raju (Technical...