News Updates
CCI Imposes Penalty Of Rs. 1337.76 Crore On Google For Anti-Competitive Practices In Relation To Android Mobile Devices
The Competition Commission of India (CCI) has imposed a penalty of Rs. 1337.76 Crore on Google under Section 27 of the Competition Act, 2002, for abusing its dominant position in multiple markets in the Android Mobile device ecosystem. The Commission has also issued a cease and desist order against Google. The Commission has laid down a slew of measures which Google has to...
Arbitration Clause In The Initial Agreement Binding Even If Subsequent Settlement Doesn't Have It: Delhi High Court
The Delhi High Court has ruled that an arbitration clause contained in a rent agreement would continue to be binding upon the parties, despite the fact that after the expiry of the agreement the parties had entered into a 'Terms of Settlement' and 'Addendum to Settlement', which did not contain an arbitration clause. The Court observed that the relationship between the parties came...
GST Council Notifies Authorities On Actions To Be Taken Consequential To The Issuance Of A Show Cause Notice And Recurring SCNs In The Case Of Enforcement Actions
The Goods and Service Tax Council has notified the authorities regarding action consequential to the issuance of a Show Cause Notice and for the issuance of a recurring Show Cause Notice in the case of an enforcement action initiated by the Central authorities against a taxpayer assigned to a State and vice versa.It has been noted that varied practices are followed by the field...
Govt Servant Turning Hostile In Criminal Trial Does Not Amount To Misconduct, May Be Unethical: Bombay High Court
The court clarified that appointing authority can proceed against the employee departmentally for turning hostile in a criminal trial based on conviction under Section 191 IPC, without conducting any departmental inquiry.
MSO Liable To Pay Service Tax For Providing Cable Operator Services To LCO: CESTAT
The Chandigarh Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that Multi System Operators (MSOs) are liable to pay service tax for providing cable operator services to Local Cable Operators (LCOs).The two-member bench of Ajay Sharma (Judicial Member) and P.V. Subba Rao (Accountant Member) has observed that owing to the business model of the cable...
ITAT Deletes Disallowance u/s 14A Against Toyota As No Exempted Income Was Earned
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the disallowance under section 14A of the Income Tax Act against Toyota as no exempted income was earned.The two-member bench headed by N.V. Vasudevan (Vice President) and Padmavathi S (Accountant Member) has noted that the AO has made the disallowance on the basis that the investment could potentially earn income,...
CESTAT Allows CENVAT Credit On Welding Electrodes And Dissolved Acetylene Gas As Inputs In Cement Manufacturing Process
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Suvendu Kumar Pati (Judicial Member) has allowed the CENVAT Credit on Welding Electrodes and Dissolved Acetylene Gas (D.A. Gas) as inputs in the Cement Manufacturing Process.The appellant/assessee is a manufacturer of cement and clinker having a Central Excise registration. For the process...
Don't Make Fresh Nominations To Replace Members Whose Nomination In Kerala University Senate Has Been Withdrawn: High Court To Governor
In a development related to the appointment of Kerala University's new Vice Chancellor, the High Court on Friday interdicted the state Governor Arif Mohammed Khan, who is the Chancellor of the varsity, from nominating any new members to its Senate in place of the 15 members, who have been removed by him in his capacity as the Chancellor. The interim order was passed by Justice...
Allahabad High Court Seeks Lucknow Nagar Nigam's Reply Regarding Steps Taken For Control & Prevention Of Dengue Fever
Taking into account the spread of dengue fever in Lucknow, the Allahabad High Court has directed the Nagar Nigam, Lucknow to specify steps taken by it for control and prevention of dengue fever in the City.The bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh issued this direction in a PIL Plea pertaining to the medical facilities available in the State...
Delhi High Court Halts Manufacturing Of 'Ninety Nine' Bicycles After 'Ninety One' Producer Alleges Trademark Infringement
Observing that bicycles by their very nature are bought by a large swathe of population which could also include semi-illiterate persons, the Delhi High Court has halted the fresh manufacturing of 'NINETY NINE/99' cycles as it found its mark "deceptively or confusingly similar" to the name of 'NINETY ONE/91' cycles which are produced by a different company."The competing marks can be...
"Hurdle In Achievement Of Self Governance": Patna HC Holds Certain Provisions Of 'Bihar Municipal Amendment Act 2021' As Unconstitutional
In a significant order, the Patna High Court today declared certain provisions of the Bihar Municipal (Amendment) Act, 2021 which amended the State's 2007 Act, as unconstitutional while holding that certain amendments carried out in the 2007 Act are contrary to the 74th Constitutional Amendment as they placed hurdles in the achievement of self-governance.For context, by virtue of the...