Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Refusal to sign Form FA- A material irregularity but the other relevant considerations to not initiate CIRP gains primacy-Abuse of process obviated

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain, Judicial Member and Dr Ashok Kumar Mishra, Technical Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is demand of service tax of reverse charge basis in respect of commission to a foreign entity valid? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Raju (Technical Member) partly allowed an appeal which was field against the demand of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Intention of Legislature, deliberation of the Adjudicating Authority | Only permits Suspended Management of the CD to submit viable RP-Affirms

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain, Judicial Member and Ashok Kumar Mishra, Technical Member, dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Discounts offered by car manufacturers to their dealers for onward transmission to corporate customers taxable? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of CJ Mathew (Technical Member) and Ajay Sharma (Judicial Member), allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Till further orders’, not in order — No bar in merging unhealthy company with healthy company to succour

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain, Judicial Member and Ashok Kumar Mishra, Technical Member while

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Off the hook from ‘SEBI’S SCORES’-Prosecution already initiated before Court of Special Economic Offences-No further directions necessitated

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, did not find it suitable to pass any further directions

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Manipulative Pricing | Connected entities aiding other connected entities gets disconnected from the securities market

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, while exercising the powers under Sections 11(1), 11(4) and Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

MahaRERA unriddles ‘carpet area’ under MOFA & RERA | Apartment booked under Maharashtra Ownership of Flats Act, Can complainants claim refund for variation in area of apartment as sale agreement was executed as per RERA Act?

Maharashtra Real Estate Regulatory Authority, Mumbai (MahaRERA): While focusing on the definition of carpet area in Pre-RERA and Post-RERA, Coram of Ajoy

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Failure to furnish annual returns not a justifiable ground for striking off the name from RoC-Restores the name

National Company Law Tribunal Allahabad (NCLT): Justice (Retd.) Rajesh Dayal Khare, Judicial Member, while ordering the Registrar of Companies to restore the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount received by Revenue, as deposit or pre-deposit unauthorisedly or under mistaken notion, etc., cannot be retained by Revenue; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether credit of Excise Duty/Additional Customs Duty (CVD) on inputs and capital goods and credit of Service Tax paid on input services which have been used for construction of Mall, further used/usable for providing taxable output service admissible? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member), partly allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | A ‘no go show’–Ex-CNBC anchor, family in quagmire for fraudulent trading-Affirms interim order

Securities and Exchange Board of India (SEBI): Madhabi Puri Buch, Whole Time Member, while affirming the interim order, rejected all the submission

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers

Central Administrative Tribunal: Mohd. Jamshed, Member (A), held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can service tax be levied on the composite works contracts services? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ashok Jindal (Judicial Member) and Sanjiv Srivastava (Technical Member) allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Duping investment advisory, non-co-operation in inspection, blaming undocumented employees, request to de-freeze account with Rs 1,298 | Convoluted statements and demands- Affirms Interim Order

Securities Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, while affirming ex-parte ad Interim Order on not finding any

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | ‘Reasonable opportunity to be heard’ to initiate inquiry is ‘unreasonable’: Show cause notice is abundant while ‘opportunity’ is redundant

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Justice Tarun Agarwala, (Presiding Officer) and Justice M.T. Joshi (Judicial Member), while dismissing the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Abysmal standards of service to investors, violation of maturity dates of FMP: Kotak Mahindra mulcted and trammelled from launching FMP

Securities Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while imposing penalty under Section 11B(2) read with Section 15D(b) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Unambiguous Supreme Court, Univocal SEBI | Believes and balked, mens rea to shudder provisions of Chapter VI A- If imputes would impede

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, while imposing a penalty of ₹6,00,000/- on Capital First Ltd. (Noticee),

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | The word ‘liquid instrument’ wide enough to include ICDs while ‘Corporate’ substantiates the Prospectus: States assumption ‘stretched a bit too far’

Securities Appellate Tribunal (SAT): The Coram of Tarun Agarwala, Presiding Officer and M.T. Joshi, J. Judicial Member while allowing all the appeals

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Personal properties of the Corporate Debtor cannot be realised by sale/transfer in the CIRP-NCLT and NCLAT at odds –Order stands quashed

National Company Law Appellate Tribunal (NCLAT): Justice A.I.S Cheema (The Officiating Chairperson) and Dr. Alok Srivastava (Technical Member)while allowing an appeal, quashed