Here’s a run-through of all the significant decisions covered in the month of July, 2021 under the Section of Tribunals/Commission/Regulatory Bodies.
Appellate Tribunal for Electricity
Solar Project
Whether there was bona fide delay in commissioning the solar power project?
“…allowed an appeal which was filed against the Order of Karnataka Electricity Regulatory Commission (Commission) whereby, the Commission has held that the Applicant/Appellant was not entitled to extension of time for commissioning of solar power project in terms of the Power Purchase Agreement and Supplementary power Purchase Agreement.”
Read more: https://bit.ly/3jbKtvP
Armed Forces Tribunal
War Injury Pension
Tribunal grants war injury pension to WW-2 soldier who suffered splinter wound injury in Italy
“…war injury pension to World War-2 veteran who suffered splinter wound injury in his right leg”
Read more: https://bit.ly/37cxXXi
Customs Excise & Service Tax Appellate Tribunal
Input Services
Whether distribution of credits on input services attributable to final product on a pro-rata basis proportionate to turnover of each unit between manufacturing plants? Tribunal answers
“…issue involved was that the appeals was whether Parle Biscuits was justified in distributing credits on input services attributable to the final product on a pro-rata basis proportionate to the turnover of each unit between the manufacturing plants of Parle Biscuits and its contract manufacturing units, including Krishna Foods, under Rule 7(d) of the CENVAT Rules.”
Read more: https://bit.ly/2V5CYhG
Convenience Fee
“Convenience fee” charged by PVR for online booking of movie tickets under OIDAR category under S. 65(105) (zh) of Finance Act taxable or not? Tribunal explains
“Issue involved was related to to taxability of “convenience fee” charged by PVR Limited on its customers for online booking of movie tickets under the category of “online information and database access retrieval system” defined under section 65 (75) of the Finance Act and taxable under section 65 (105)(zh) of the Finance Act.”
Read more: https://bit.ly/3rKRvvg
Principles of Natural Justice
Revenue has miserably failed to discharge its onus; Tribunal finds impugned order opposed to principles of natural justice
CENVAT Credit
Admissibility of the Cenvat Credit in respect of outward GTA; Tribunal allows appeal
Central Information Commission
Right to Information Act
Can S. 8(1)(d), RTI Act be invoked to deny copy of thesis in view of commercial viability and to protect interests of scholar and his guide?
“…thesis publication of the research scholars cannot be reasonably even brought under any of the suo motu components of disclosure envisaged under Section 4 of the RTI Act, thereby reinforcing the proposition that the protection of Section 8 and 9 exemptions is very much available to the CPIO in the instant case.”
Read more: https://bit.ly/3fbpI23
Delhi State Consumer Disputes Redressal Commission
Deficiency of Service
Will Camera Manufacturer — Nikon be liable for deficiency of service caused to a consumer who lost all his photographs due to memory card getting corrupted?
“…Nikon was neither the manufacturer, dealer, importer, wholesaler of the Memory Card which got corrupted leading to the loss of the photos.”
Read more: https://bit.ly/3fbqg87
Builder-Buyer Dispute
Builder handing over possession of plot with incomplete development beyond agreed time. Is buyer entitled to refund of deposit with interest? Commission decides
“Possession of the plot land booked by the complainant was not handed over within the time agreed to despite the complainant has made the payment to the extent sought from time to time.”
Read more: https://bit.ly/2WJUV6d
National Consumer Disputes Redressal Commission
Medical Negligence
- Can Wheelchair injuries be covered under the ambit of medical negligence?
“Wheelchairs are usually thought of a medical device that is meant to help those who are injured or have physical challenges; they can also be a source of injury when not properly used. Most wheelchair injuries that happen in a medical setting due to the negligence of medical staff and such could be easily prevented by a hospital or nursing home.”
Read more: https://bit.ly/3fimrOy
- In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent?
“…The medical professional is often called upon to adopt a procedure that involves a higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure.”
Read more: https://bit.ly/3idk4hG
National Company Law Appellate Tribunal
Insolvency Proceedings
An Arroyo for OYO | While allowing it to work independently, closed insolvency proceedings; Disallowed external parties to impinge
“We are of the considered view that before Constitution of Committee of Creditors (CoC) mere filing of a ‘Claim’ does not constitute a default per se. It is only on the basis of the ‘Claims’ that the CoC is constituted. In a catena of Judgments, the Supreme Court has reiterated that the prime objective of the Court is not recovery, but revival”.
Read more: https://bit.ly/3rO12BU
National Company Law Tribunal
Personal Guarantor
Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process
National Green Tribunal
No Odour control system required to prevent odour from Sewage Treatment Plant. Why? NGT imposes costs on Delhi Jal Board: Why DJB is shirking its responsibility?
“Mere spraying of chemical solution and other superficial steps is not effective in installing an effective odour control unit.”
Read more: https://bit.ly/3rMxOTD
National Human Rights Commission
Fr. Stan Swamy | Medical Treatment
- Ensure every possible medical treatment to imprisoned FR. Stan Swamy as part of life saving measure and protection of his basic human rights: NHRC
Manual Scavenging
- Manual scavenging and hazardous cleaning still remain a stinking truth of our nation: NHRC
Post-Poll Violence in West Bengal
- NHRC refutes allegations in a section of media regarding leakage of report relating to post poll violence in West Bengal
Securities Exchange Board of India
Fraudulent Scheme
Manipulation in prices, fraudulent scheme results in debarment-Global Infratech, Directors and 12 other entities ousted from the market
https://www.scconline.com/blog/post/2021/07/23/manipulation-in-prices/
Insider Trading
Financial Racket: Kundra, Shetty into murky waters again | Imposes fine for insider trading on Viaan Industries
Securities Appellate Tribunal
Collective Investment Scheme
Unregistered Collective Investment Scheme violative of S. 12(1)(b) of SEBI Act and Regulations, order to pay 10% p.a. interest on refundable amount not vitiated
Tribunals/Regulatory Bodies/Commissions Monthly Roundup | June 2021
