Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Why did ITAT decide to delete the addition of streedhan as ‘unexplained investment’ for the purposes of income assessment? Read to know

Income Tax Appellate Tribunal (ITAT), Jaipur: While deciding the instant appeal revolving around the addition of the assessee’s generational streedhan as unexplained

Case Briefs Tribunals/Commissions/Regulatory Bodies

Offer of possession of apartments without the amenities promised and arbitrary deduction of earnest money; Read to know whether NCDRC found Mahindra Homes liable for deficient service?

National Consumer Disputes Redressal Commission (NCDRC): The Bench of S.M. Kanitkar (Presiding Member) and Binoy Kumar (Member) while deliberating upon

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Hospitals are vicariously liable for the acts of negligence committed by their doctors”; NCDRC grants compensation of Rs 1 crore to the parents who lost their only child in a corrective surgery for squint eye

Human life is most precious; therefore, it is extremely difficult to decide on the quantum of compensation in medical negligence cases, it is highly subjective in nature.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Rejection of Resolution Plan by the NCLT due to Non-Serious, Casual and Non-Diligent Conduct of Resolution Appellant is Good in Law

“The CIRP is a time bound process where timeline has been prescribed for each step. The CIRP cannot be allowed to continue for indefinite period.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In a tripartite contract between the seller, service provider and consumer, the seller and service provider are liable for any defect, deficiency and unfair trade practice on any product sold by them

National Consumer Disputes Redressal Commission (NCDRC): While deciding upon the instant complaint concerning alleged unfair trade practice followed by Flipkart of tampering

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Green Tribunal | Noise Pollution – violation of right to peaceful, comfortable and pollution-free life guaranteed by Article 21

“The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

Central Information Commission: In a second appeal filed under Section 19 of the Right to Information Act, 2005 on the ground of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT directs Maharashtra Government to pay compensation of ₹12,000 crore due to improper waste management

“Award of above compensation has become necessary under section 15 of the NGT Act to remedy the continuing damage to the environment and to comply with directions of the Hon’ble Supreme Court requiring this Tribunal to monitor enforcement of norms for solid and liquid waste management.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

RTI on WHO’s suspension of Covaxin procurement| ‘CPIO’s reply incorrect, vague and mindlessly prepared’; CIC issues show cause notice

Central Information Commission: In a complaint for an action against the Central Public Information Officer (CPIO) for willfully misleading and furnishing false

Case Briefs Tribunals/Commissions/Regulatory Bodies

Shareholders of Tamilnad Mercantile Bank restrained by SEBI to participate in IPO; SAT quashes appeals as the aggrieved parties were not part of Offer for Sale

Securities Appellate Tribunal, Mumbai (SAT): While quashing the appeal preferred by the appellants against the order dated 12-05-2022 passed by the Securities

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether refund can be claimed on the service tax deposited on ‘construction’ of individual/ independent ‘residential’ houses? CESTAT answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The coram of Dilip Gupta (President) and Subba Rao (Technical Member) allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services involving supply of goods/deemed supply of goods to be classified under ‘works contract services’ only

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member) allowed the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC| Consumers should not suffer due to VLCC’s unfair trade practices of giving misleading ads and then slapping them with a disclaimer regarding outcome of their programs

State Consumer Disputes Redressal Commission (SCDRC), Chandigarh: While deciding the instant appeal filed by VLCC Health Care Ltd. against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

What is the effect of commencement of proceedings under the IBC, over any pending proceedings before another Court or Tribunal? ITAT discusses

Income Tax Appellate Tribunal (ITAT), Hyderabad: While deciding the instant appeal in the backdrop of Corporate Insolvency Resolution Proceedings (CIRP) pending against

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether Cenvat credit of Service Tax be availed on debit notes under the scheme of the Cenvat Credit Rules, 2004? CESTAT answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member) allowed an appeal holding that Cenvat Credit of Service Tax

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bogus Parties and Dubious Transactions- Read ITAT’s observations on a matter concerning “non-existent lenders”

Income Tax Appellate Tribunal (ITAT), New Delhi: While deciding the instant appeal pertaining to the Assessment Year 2015-16 where the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016

National Company Law Appellate Tribunal: Dismissing a time-barred appeal, the Principal Bench of National Company Appellate Tribunal comprising of Ashok Bhushan, J.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Reduction of Share Capital is a matter of domestic concern”; NCLAT confirms reduction of the share capital approved by the shareholders of Precious Energy Services Ltd.

National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether the interest paid on late payment of TDS after deduction can be claimed as expenditure for determining the taxable income? ITAT examines and elucidates

Income Tax Appellate Tribunal (ITAT): While deciding the instant appeal wherein the relevant question arose that whether the interest paid on late

SCC Blog

Tribunals/Commissions/Regulatory Bodies

Offer of possession of apartments without the amenities promised and arbitrary deduction of earnest money; Read to know whether NCDRC found Mahindra Homes liable for deficient service?

“Hospitals are vicariously liable for the acts of negligence committed by their doctors”; NCDRC grants compensation of Rs 1 crore to the parents who lost their only child in a corrective surgery for squint eye

NCLAT | Rejection of Resolution Plan by the NCLT due to Non-Serious, Casual and Non-Diligent Conduct of Resolution Appellant is Good in Law

NCDRC | In a tripartite contract between the seller, service provider and consumer, the seller and service provider are liable for any defect, deficiency and unfair trade practice on any product sold by them

National Green Tribunal | Noise Pollution – violation of right to peaceful, comfortable and pollution-free life guaranteed by Article 21

RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

NGT directs Maharashtra Government to pay compensation of ₹12,000 crore due to improper waste management

RTI on WHO’s suspension of Covaxin procurement| ‘CPIO’s reply incorrect, vague and mindlessly prepared’; CIC issues show cause notice

Shareholders of Tamilnad Mercantile Bank restrained by SEBI to participate in IPO; SAT quashes appeals as the aggrieved parties were not part of Offer for Sale

Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides

Whether refund can be claimed on the service tax deposited on ‘construction’ of individual/ independent ‘residential’ houses? CESTAT answers

CESTAT | Services involving supply of goods/deemed supply of goods to be classified under ‘works contract services’ only

SCDRC| Consumers should not suffer due to VLCC’s unfair trade practices of giving misleading ads and then slapping them with a disclaimer regarding outcome of their programs

What is the effect of commencement of proceedings under the IBC, over any pending proceedings before another Court or Tribunal? ITAT discusses

Whether Cenvat credit of Service Tax be availed on debit notes under the scheme of the Cenvat Credit Rules, 2004? CESTAT answers

Bogus Parties and Dubious Transactions- Read ITAT’s observations on a matter concerning “non-existent lenders”

NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016

Whether the interest paid on late payment of TDS after deduction can be claimed as expenditure for determining the taxable income? ITAT examines and elucidates

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RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

Can Arbitration Proceedings Against a Director/Promoter Continue Even after Moratorium is Imposed on the Principal Debtor Company

Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court

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Prateek Desai joins Khaitan & Co as Partner in New Delhi

We Dissent!: Here’s why 2 out of 5 judges ruled against Madras High Court’s original jurisdiction in child custody cases

Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

In conversation with Ankit Gupta, on winning Chevening Scholarship

Delhi High Court | Mere signing documents in English does not mean the detenue has a working knowledge of English; detention order set aside

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