News Updates
Weekly Digest Of IBC Cases: 29 March To 9 April 2023
Supreme Court IBC | Section 9 Petition Not To Be Dismissed If Few Invoices Are Time Barred But Remaining Invoices Are Not; Supreme Court Case Title: M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd. Citation: 2023 LiveLaw (SC) 270 The Supreme Court Bench comprising of Justice M.R. Shah and Justice C.T. Ravikumar, has held that when a petition under Section...
Kerala High Court Weekly Round-Up: April 3 To April 9
Nominal Index [Citation: 2023 LiveLaw (Ker) 168-177]Sukumaran v. R.C. Ibrahim & Ors., 2023 LiveLaw (Ker) 168Suni @ Sunil V State of Kerala, 2023 LiveLaw (Ker) 169Priyesh B Kartha V. The Deputy Superintendent Of Police, 2023 LiveLaw (Ker) 170Dr. P K Asokan V State of Kerala, 2023 LiveLaw (Ker) 171Asif Azad v. Union of India & Ors.,2023 LiveLaw (Ker) 172All India Digital Cable...
Tax Cases Weekly Round-Up: 2 April to 8 April, 2023
Supreme Court Memorandum Issued By The Government To Deduct 4% TDS Is Not Ultra Vires To Tripura Sales Tax Act: Supreme Court Case Title: The State Of Tripura Versus Chandan Deb Citation: 2023 LiveLaw (SC) 280 The Supreme Court has held that the liability to pay the tax shall be on the transferor who transfers the right to use any goods as per proviso to Section 3(1) read...
Subsidized Deduction Made From The Employees Availing Food In The Factory/Corporate Office Would Not Be Considered A 'Supply' Under GST: AAR
The Gujarat Authority for Advance Ruling (AAR) has held that a subsidized deduction made by the applicant from the employees who are availing food in the factory or corporate office would not be considered a 'supply' under the GST Act.The bench of Amit Kumar Mishra and Milind Kavatkar has observed that input tax credit (ITC) will be available to the applicant on the GST charged by the...
Non-Compete Fee Related To Profession Is Made Taxable Only w.e.f. AY 2017-18: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that a non-compete fee related to a profession is made taxable only with effect from AY 2017–18, and the non-compete fee in relation to a profession for periods prior to AY 2017–18 would be treated as a capital receipt.The bench of Astha Chandra (Judicial Member) and Shamim Yahya (Accountant Member) has decided in favor...
Karnataka High Court Weekly Round-Up: April 3 To April 9
Nominal IndexManje Gowda And State of Karnataka & Others. 2023 LiveLaw (Kar) 135Rathnamma & ANR And State of Karnataka & Others. 2023 LiveLaw (Kar) 136Bujji @ Babu G And State Of Karnataka. 2023 LiveLaw (Kar) 137Nanjappa And State of Karnataka & Others. 2023 LiveLaw (Kar) 138Khadar Basha & others And State of Karnataka. 2023 LiveLaw (Kar) 139M P Renukacharya And State...
One Time Premium Received On Allotment Of Completed Commercial Units/Building Attracts 18% GST: AAR
The Gujarat Authority for Advance Ruling (AAR) has held that a one-time premium received by the applicant on allotment of completed commercial units or buildings attracts 18% GST.The two-member bench of Amit Kumar Mishra and Milind Kavatkar has held that the one-time premium received by the applicant on allotment of completed commercial units or buildings is a taxable supply in terms of Section...
Madras High Court Quashes Reassessment Made After The Limitation Period
The Madras High Court has held that the assessment was reopened on the basis of the error pointed out by the revenue audit, but it was done after the period prescribed under Section 147 of the Income Tax Act.The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has observed that reopening the assessment in light of factual errors pointed out by the audit party is permissible under...
Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023
Bombay High Court: Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court Case Title: M/s Omanand Industries & Anr. vs The Secretary to the Government of India, Ministry of Road Transport and Highways The Bombay High Court has ruled that though the scope for...
Himachal Pradesh High Court Weekly Round-Up: April 3 To April 9
Nominal Index[Citation: 2023 LiveLaw (HP) 19- 23] Rattan Chand Vs Madhu Bharat Chadha & another 2023 LiveLaw (HP) 19 Rajesh Kumar & Ors Vs State of H. P. & Ors. 2023 LiveLaw (HP) 20 Ganga Ram v. Special Land Acquisition Officer 2023 LiveLaw (HP) 21 M/s Bio Veda Action Research Company Vs The Regional Provident Fund Commissioner-II, Shimla 2023 LiveLaw (HP)...
Allahabad High Court’s 7 Judges Bench Frames Contempt Charges Against Kanpur Lawyers For Continuing Strike Despite HC’s Order
The Allahabad High Court on Friday framed contempt charges against office bearers of the Kanpur Bar Associations and Lawyers’ Association Kanpur Nagar for continuing their strike despite the HC’s order (to refrain from boycotting district courts) and for also using abusive unparliamentary language and outrageous behavior against the Judiciary. It may be noted that the lawyers of...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 3 To April 9
Nominal Index [Citation: 2023 LiveLaw(JKL) 70 - 74] Nikunj Sharma Vs State of J&K and another 2023 LiveLaw(JKL) 70 Mohammad Maqbool Regu and ors Vs Hilal Ahmad & Ors 2023 LiveLaw (JKL) 71 Farid Ahmad Tak Vs UT of J&K & Ors 2023 LiveLaw (JKL) 72 Fayaz Ahmad Rather Vs UT of J&K 2023 LiveLaw (JKL) 73 Sonika Sharma vs Union of India 2023...