Section 12(5) Of A&C Act Applies To Proceedings Commenced Before Or After The 2015 Amendment: Delhi High Court

The High Court of Delhi has held that Section 12(5) that provides for grounds of ineligibility of arbitrator would apply regardless whether the notice of arbitration was given before or after the 2015 amendment came into force provided that the appointment was made on a date Section 12(5) was in force. The bench of Justice Anup Jairam Bhambhani held that in view of Section...

Advance Paid Towards Service Is Operational Debt: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Chipsan Aviation Private Limited v Punj Llyod Aviation Limited, has held that an advance paid towards a service falls within definition of operational debt, even if there was no...

Appeal By Assessee Prior To Declaration Under VSVS Act, Shall Revive On Failure To Pay the Tax Determined: ITAT

The Chennai bench of the Income Tax Appellate Tribunal (ITAT) has ruled that if the assessee violates the conditions prescribed under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSVS Act) by not paying the tax determined by the designated authority, the appeal filed by it prior to filing a declaration under the DTVSVS Act, disputing the tax liability raised against it, shall revive...

Dhula Rape-Murder Case: Doctors Accused Of Supplying False Post Mortem Report Get Bail From Gauhati High Court

The Gauhati High Court on Monday allowed the bail plea of three doctors who were in custody for the alleged offence of fabrication of post mortem reports in the Dhula rape and murder case, after allegedly having accepted bribe. The High Court stated that: "By virtue of Section 120B of the IPC, the present accused cannot be roped with the substantive offences i.e. under section 376...

CESTAT Allows Interest On Delay In Refund Of Excess Reversal Of CENVAT Credit

The Ahmedabad bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has ruled that Reliance Industries is entitled to interest on delay in refund of excess reversal of CENVAT credit. The bench of Judicial Member Ramesh Nair dismissed the contention of the revenue department that since the assessee- Reliance Industries, was entitled to adjust the excess amount...

DGFT Cannot Amend Foreign Trade Policy; Can't Restrict The Benefit Of SHIS Scheme: Madras High Court

The Madras High Court has ruled that the Director General of Foreign Trade (DGFT), in exercise of its power to clarify the doubts regarding the interpretation of the Foreign Trade Policy (FTP), as formulated by the Central Government, cannot amend the very policy itself. The single bench of Justice N. Sathish Kumar noted that the FTP 2009-2014 provided for grant of Status Holder...

Import of High Risk Food Products Restricted To 61 Ports: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has restricted the entry of food items into specific ports.The Food Safety and Standards Authority of India (FSSAI) has decided that, with effect from February 1, 2023, imports of high-risk products shall be permitted only through 61 ports, which are directly manned and managed by FSSAI officials.The high-risk products include milk and...

Morbi Incident | "Ajanta Co. Reopened Bridge Without Prior Nod, No Fitness Certificate Provided": Morbi Civic Body Submits In Gujarat HC

Submitting its counter-affidavit today in a suo moto case pertaining to the October 30 Morbi Bridge Collapse incident which took the lives of 135 people, the Morbi Civic Body today informed the Gujarat High Court that the Bridge was reopened for the public at large after the renovation work on October 26 by the Ajanta Company (Oreva Group) without any prior approval.The affidavit, filed...

Gauhati HC Dismisses Lawyer's Plea Against Administering Oath In God's Name To Everyone Including Non-Believers

The Gauhati High Court on Monday dismissed a lawyer's plea against administration of oath in God's name to everyone, including non-believers, under the Oaths Act, 1969.Fazluzzaman Mazumder claimed that he has 'no belief in existence of God' and challenged Section 6 of the Act which prescribes Form 1, requiring a witness to swear in the name of God as an affirmation of stating truth and...

Source of cash deposits can't be discarded if shown On Cashbook Entries: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that a cash flow statement based on the entries made in the cash book reveals the source of cash deposited in the bank account and cannot be discarded by the authorities below.The two-member bench of Kul Bharat (Judicial Member) and N.K. Billaiya (Accountant Member) has directed the Assessing Officer to delete the addition...

'Court Cannot Be Swayed By Public Outcry': Kerala High Court Grants Pre-Arrest Bail To 3 KSRTC Employees In Assault Case

The Kerala High Court recently granted pre-arrest bail to the three Kerala State Road Transport Corporation (KSRTC) employees, who were booked in September for assaulting a man and his daughter for demanding renewal of a concession certificate for her.The video of the incident had been leaked in the media, causing a public outcry against the incident. Justice Bechu Kurian Thomas in the...

Delhi High Court Orders Suspension Of Over 700 Rogue Websites Accused Of Illegaly Streaming Film 'Bhuj: The Pride of India'

The Delhi High Court has permanently restrained a total of 732 rogue websites from broadcasting and streaming the Ajay Devgn starrer movie "Bhuj: The Pride of India."Directed by Bhuj Abhishek Dudhaiya, the film was released on August 13 last year. The movie relates to the Indo-Pak war of 1971 and has now been released on various online and OTT platforms. Justice Pratibha M Singh decreed a...