CBEC Not Empowered To Modify the Scope of Exemption Notification issued by the Central Government: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the Central Board of Excise and Customs (CBEC) is not empowered to modify the scope of an exemption notification that the Central Government has issued.The two-member bench of Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the exemption notification is issued...

Likely To Spread Misinformation On Social Media, May Cause Unrest In Society: Delhi Police Opposes Umar Khalid's Interim Bail Plea

Opposing the interim bail application moved by activist Umar Khalid, the Delhi Police has claimed that he is "likely to spread misinformation by use of social media" during his release and is also "likely to cause unrest in the society."The police have made the submission in response to Khalid's plea seeking interim bail for a period of two weeks to enable him attend his sister's...

Supreme Court Declines To Grant Relief In Department's SLP Against Judgement On Countervailing Duty

The Supreme Court, today has adjourned without issuing notice, the department's appeal against the Gujarat High Court's judgment in the case of countervailing duty (CVD).The bench of Justice Sanjeev Khanna, and Justice J K Maheshwari, while observing in favor of the domestic industry, repeatedly directed the government to follow the judgment of the Gujarat High Court to avoid...

Allahabad HC Orders Minimum Pay At Par With Regular Employees For IV Class Contractual Employees Working Since 2005

The Allahabad High Court recently directed the Uttar Pradesh Government to grant a minimum pay (at par with regular employees) to 4 IVth class contractual employees who are working with U.P. State Legal Services Authority since 2005.This order came from the bench of Justice Alok Mathur which relied upon the Supreme Court's ruling in the case of State of Punjab Vs. Jagjeet Singh (2017) 1 SCC...

Intention Of Parties As To Seat Of Arbitration Can Be Determined From Their Conduct: Kerala High Court

The Kerala High Court recently reiterated that the intention of the parties to an agreement, as to the seat of arbitration, can be determined from their conduct.Justice N. Nagaresh was dealing with a case where the Sale Contract between the parties prescribed Haridwar as the seat of arbitration but the subsequent High Sea Sale Agreement prescribed Kollam as the seat.While determining the...

Bar Council Of Kerala Registers Suo Motu Case Against Six Lawyers For Alleged Professional Misconduct

A suo motu case alleging professional misconduct has been registered by the Bar Council of Kerala against the lawyers of a Kochi-based law firm.The case has been initiated against Advocates B.A. Aloor, Prasanth K.P., Anuraj S., Krishnenthu Suresh, Vishnu Dileep, and Mohammed Ameer of Aloor Associates on the basis of media reports stating that they "created dramatic scenes" in the court...

Filing Of Form 10–IC Is Mandatory Condition To Claim The Benefit Of Reduced Corporate Tax Rate For The Domestic Companies: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that in order to claim the benefit of a reduced corporate tax rate, domestic companies have to mandatorily file Form 10–IC.The two-member bench of Sandeep Singh Karhail (Judicial Member) and Om Prakash Kant (Accountant Member) has observed that the assessee did not file Form 10–IC before the due date of filing the return...

S.233(3) CrPC | Prosecution Witness Cross-Examined By Accused Cannot Be Compelled To Appear As Defence Witness: Kerala HC

The Kerala High Court on Friday reiterated that a prosecution witness who was examined in chief, cross-examined and re-examined, cannot be compelled to appear before the Court as Defence Witness under Section 233(3) CrPC. Section 233(3) CrPC provides that if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or...

'Pelse' Or 'Plus++' May Deceive Consumers, Delhi High Court Orders Permanent Injunction In Favour Of Pulse Candy In Trademark Infringement Case

The Delhi High Court has passed a permanent injunction restraining a manufacturer from selling fruit candies with names like Pelse or Plus++ after the Dharampal Satyapal Group, which produces the famous Pulse Candy, in a suit said that such adoption of similar names by the defendants amounts to infringement.Justice Navin Chawla also held the plaintiff DS Confectionery Products Limited entitled...

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. ASI Kewal Singh even ignored the arrest warrant issued against him.The complainant had also filed an application under Section 311 of CrPC for summoning Singh, but that was also dismissed by...

Gujarat Riots Case | High Court Extends Interim Bail Granted To Ex-DGP RB Sreekumar For 2 More Months

The Gujarat High Court today ordered that its order granting interim bail, on September 29, to retired DGP RB Sreekumar, in connection with the Gujarat Riots Case, would continue for a further period of 2 months pending disposal of his regular bail plea by the High Court. Earlier, he was granted bail until November 25 pending disposal of his regular bail plea by the Sessions Court. In...

Bombay High Court Allows Nuvoco Vistas To File GST TRAN-1 For Availing Transitional ISD Credit

The Bombay High Court has allowed the assessee, Nuvoco Vistas, to file GST TRAN-1 to avail of the transitional Input Service Distributor (ISD) credit of service tax.The division bench of Justice K.R. Shriram and Justice A.S. Doctor has observed that the GST TRAN-1 or revised GST TRAN-1 filed by the units or offices will be based on the manual ISD invoices to be issued by the petitioner's...