transferring tenancy rights not liable to service tax
Case BriefsTribunals/Commissions/Regulatory Bodies

“Consideration out of surrender of tenancy right on account of immovable property cannot be considered as service as per definition under Section 65-B(44) of the Finance Act, 1994 and no service tax is payable.”

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abuse of dominance by ICICI Securities
Case BriefsTribunals/Commissions/Regulatory Bodies

“The alleged conduct of concerted practice by NSE and BSE of prescribing standard agreement flows from the regulatory architecture and therefore, does not attract the provision of Section 3(3) of the Competition Act, 2002.”

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Drishti IAS
Case BriefsTribunals/Commissions/Regulatory Bodies

In a preliminary inquiry, it was prima facie observed that Drishti IAS had allegedly published the claim/advertisement and simultaneously advertised various types of courses provided by them on its official website while concealing important information. Therefore DG (Investigation) was requested to look into the matter.

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Used Lead Acid Batteries
Case BriefsTribunals/Commissions/Regulatory Bodies

The appellant was not registered with Gujarat Pollution Control Board for processing goods like Lead Acid Batteries and so they were clearing these goods to their buyers who had license from Pollution Control Board to process old/used Lead Acid Batteries for extraction of lead scrap.

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RP to be liquidator
Case BriefsTribunals/Commissions/Regulatory Bodies

The power envisaged under Section 34(4)(b) of the IBC is a power to recommend the replacement of the particular Resolution Professional on facts specific to that individual and is not a general power that could be exercised by the IBBI for issuing the Circular.

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partners liability in partnership firm
Case BriefsTribunals/Commissions/Regulatory Bodies

With respect to noticee’s liability as a partner, the noticee submitted that she resigned within short span of time and did not receive any remuneration or profit from the firm. Further, she was not a part of decisions or involved in day-to-day affairs of the firm.

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service tax cannot be confirmed without evidence
Case BriefsTribunals/Commissions/Regulatory Bodies

“Mere entries in income tax returns or Form 26AS cannot, by themselves, establish liability under the Finance Act, 1994, unless corroborated by evidence demonstrating rendition of taxable service.”

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separate GST registration for FTWZ operations
Case BriefsTribunals/Commissions/Regulatory Bodies

Registration under Section 22 of the CGST Act is linked to the place from where taxable supplies originate and not the mere existence of a warehousing unit in another State. The AAR clarified that storage in an FTWZ does not create an additional liability to register.

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abuse of dominance
Case BriefsTribunals/Commissions/Regulatory Bodies

Non-renewal of the Informant’s license for space on the airside of Rajiv Gandhi International Airport does not have the potential to limit and restrict the provision of Line Maintenance Services, so as to cause prejudice to the consumers and hence, is not in contravention of Section 4(2)(b) of the Competition Act, 2002.

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damages for dispute settlement not declared service
Case BriefsTribunals/Commissions/Regulatory Bodies

A settlement of dispute is clearly not an agreement to tolerate any act or situation. It is beyond the scope of Section 66-E(e) of the Finance Act, 1994 and thus not a ‘declared service’.

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Section 9 IBC proceedings closed based on affidavit
Case BriefsTribunals/Commissions/Regulatory Bodies

“Despite the contentions raised by the Appellant, Appellant entered into settlement with the Operational Creditor to discharge his dues, which has been filed by an Affidavit by the Appellant as well as Respondent.”

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claims post liquidation commencement dates
Case BriefsTribunals/Commissions/Regulatory Bodies

“Non-admission of the claim of the Appellant in liquidation proceeding shall not preclude it from taking such steps as available in law for realisation of its claim which arose after liquidation commencement date.”

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clubbing assessee's income with minor daughter's share
Case BriefsTribunals/Commissions/Regulatory Bodies

The assessee deposited 50% minor daughter’s share in the nationalized bank. Further, the assessee accounted his 50% share and offered the same as capital gain with the deduction of claim under Section 54 of the Income Tax Act, 1961.

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notice to deceased assessee
Case BriefsTribunals/Commissions/Regulatory Bodies

In the present case, notice under Section 148 of Income Tax Act, 1861 is not served on legal heir of the assessee. The said notice is served on the assessee, even after the knowledge that the assessee is deceased.

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SKY Lark Education exempt from service tax
Case BriefsTribunals/Commissions/Regulatory Bodies

“SKY Lark Education Welfare Society is imparting education to students of Swami Vivekanand Subharti University, enrolled under the distant learning programme, as per its curriculum and it is duly recognized under the laws of the Uttar Pradesh Government/UGC.”

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using unhygienic products not within competition act scope
Case BriefsTribunals/Commissions/Regulatory Bodies

The Informant alleged that there is sharp decline in sales of his business, as a juice corner operator-Opposite Party sold cooked food from unhygienic and unknown sources at below manufacturing cost, leading to unfair competition in respect to vendors who are complying with the regulations.

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invalid debt assignment
Case BriefsTribunals/Commissions/Regulatory Bodies

“For maintaining an application for default of another Financial Creditor, the essential ingredients to be fulfilled by the Applicant is that the Applicant has to be a Financial Creditor on its own facts.”

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abuse of 7-year-old boy by Mosque Imam
Case BriefsTribunals/Commissions/Regulatory Bodies

The NHRC sought a detailed report from SP and DM, Roorkee, on the matter within two weeks.

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corporal punishment to students
Case BriefsTribunals/Commissions/Regulatory Bodies

About 18 students were subjected to corporal punishment by their teacher after locking them inside a room of a government school.

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Higher Judiciary Member seeks favourable order
Case BriefsTribunals/Commissions/Regulatory Bodies

Following the development, the Supreme Court has reportedly ordered an investigation into the claim raised by the NCLAT Judicial Member.

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