News Updates
Reopening of IT Assessment By Officer Having No Jurisdiction: Madras High Court Invalidates Proceedings
The Madras High Court invalidated the reassessment procedures on the basis that the reopening of the income tax assessment was conducted by an officer without jurisdiction.The division bench of Justice R. Mahadevan and Justice J.Sathya Narayana Prasad has observed that the ACIT Mumbai, who recorded the reasons for reopening the assessment, has no jurisdiction over the appellant, to issue...
Gujarat Mining Rules | Seized Property Must Be Produced Before Court Along With Written Complaint Within Expiry Of 45 Days: High Court
The Gujarat High Court has reiterated that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce the seized properties before the Court on expiry of 45 days from the date of seizure, as specified under Rule 12 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.In the absence of such an...
Exporter Not liable For 'Change Of Landing Port' Instructions Given By Importer: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Tribunal (CESTAT) has ruled that the exporter is not responsible for the instructions given by the importer regarding the change in the port after the issuance of a "Let Export Order" by the customs authority. The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the appellant lost...
Govt. Constitutes GoM On GST Appellate Tribunal
The government notified the constitution of the Group of Ministers (GoM) on the Goods and Services Tax Appellate Tribunal (GSTAT). At its 47th meeting, held on June 28 and 29, 2022 in Chandigarh, the GST Council discussed the changes required in provisions pertaining to the GST Appellate Tribunal in the GST laws. At the meeting, the Council decided to constitute a GoM to look into...
Philips vs Syska | Mere Trade Variants Of Pre-Existing Designs Not Capable Of Registration: Delhi High Court
The Delhi High Court has held that a design identical with or even materially similar to a pre-existing design should not be published or registered. A single judge bench of Justice Navin Chawla also held that mere trade variants of what is already in existence or what is common to the trade is not capable of being registered.Briefly, the facts of the case are that the plaintiff, Philips...
NCLAT Delhi Stays The CIRP Of 'La Residentia Developers' As Parties Enter Settlement
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Amrapali LA-Residentia Flat Buyers Welfare Association (ALRFBWA) v LA Residentia Developers Pvt. Ltd. & Anr., has stayed the...
Contracts With Municipalities Towards Supply Of Solid Waste Management, Except Bio-CNG Is Exempted From GST: AAR
The Tamil Nadu Authority of Advance Ruling (AAR) has ruled that contracts with municipalities towards supply of solid waste management, except Bio-CNG carried on at the Central Asphaltic Plant for the Greater Chennai Corporation, are exempted from GST. The two-member bench of G. Venkatesh and K. Latha has ruled that contracts entered into with various city corporations and...
"Interim Award Is A Stopover En-Route To The Destination To Final Adjudication Of The Dispute": Calcutta High Court Explains
Recently, the Calcutta High Court has discussed the concept of interim award under the Arbitration Act. The court was hearing a plea by Lindsay International seeking to set aside an order dated 24th August, 2019 by which the petitioner's pleaded that it was an interim order in terms of the Act. Single judge bench of Justice Moushumi Bhattacharya held that the impugned decision dated...
Suspended Management Must Be Provided With A Copy Of The Resolution Plan: NCLT Indore Reiterates
The National Company Law Tribunal, Indore Bench, comprising of Shri Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Chandraudai Automobiles Pvt. Ltd. v Rajpal Abhikaran Pvt. Ltd., has held that a copy of the Resolution Plan must be provided to the Suspended Management of the Corporate Debtor and has...
PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court
The Calcutta High Court has held that the Supreme Court's suo moto orders extending the period of limitation during the Covid-19 pandemic do not apply and will not extend the 180 days period prescribed for provisional attachment of property under Section 5 of the Prevention of Money-Laundering Act, 2002.A single judge bench of Justice Moushumi Bhattacharya was hearing the plea moved by...
NGT Steps In On Concretization Of Storm Water Drain, Buffer Zone In Ghaziabad
In a major intervention ahead of monsoon, the National Green Tribunal has constituted a joint committee, comprising of NCR Planning Board, Central Pollution Control Board, Uttar Pradesh Pollution Control Board, District Magistrate and Nagar Nigam to furnish a factual and action taken report on the lining, covering and concretization of storm water drains in Navyug Market, Ghaziabad, within...