Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can service tax be charged on the commission which is the difference between the telephone recharge amount received from customers and amount out of the same paid to telecom companies? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On not finding any justifiable reason to revoke interim ex-parte order, continues to stand–Protects the interests of investors

Securities and Exchange Board of India (Sebi): Madhabi Puri Bach, Whole Time Member, on not finding any justifiable reason to revoke or

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

National Company Law Tribunal, New Delhi: The Coram of Abni Ranjan Kumar Sinha, (Judicial Member) and L.N. Gupta (Technical Member) dismissed an

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Opening Pandora’s Box | Whether valuation of lost gold can be determined as on date when reimbursement is made by insurer? NCDRC determines

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the appeal, expressed that: If the valuation of the lost

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Without going into merits, adjudication proceedings abated considering the death of the Noticee

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, was of the view that the adjudication proceedings against the Noticee

Case Briefs Tribunals/Commissions/Regulatory Bodies

While seeking a refund of amount from builder, will he be liable to pay amount paid as EMIs towards loan sanctioned? Read detailed report on DSCDRC’s decision

Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member)ordered the builder to

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Matter getting protracted, defeating the purpose of IBC; Orders NCLT to pass orders ‘one way or the other’

National Company Law Appellate Tribunal (NCLAT): The Coram of Judicial A.I.S. Cheema (The officiating Chairperson) and Dr Alok Srivastava (Technical Member) while

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | With no prospects, substance and bleak chances of recovery, Resolution Professional seeks liquidation — With its acceptance, Nirav Modi’s Firestar dooms

National Company Law Tribunal (NCLT): The Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) while allowing the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can input services used by the provider of taxable service for providing output service be covered by the exclusion clause? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): SS. Garg (Judicial Member) allowed appeals which were filed after the rejection of refund

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Acknowledgment’ is based on neighboring circumstances and has nothing to do with the form-Rejects Appeal

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Venugopal M (Judicial Member) and V.P. Singh (Technical Member) while setting aside

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Carrying out mutual funds with DGP scheme and an Investment Adviser but with no registration | Orders to pay the amount along with several other restrictions

Securities Exchange Board of India (SEBI): G Mahalingam, Whole Time Member, considering the factual chain and evidences directed the Noticees to cease

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Tribunal discusses distinction between mere provision of ‘table space’ and actual rendering of service; Non discharge of tax liability as provider of “business auxiliary service” partly allowed

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

Spain | AEPD imposes fine of €3,000 for unlawful use of video surveillance

On August 05, 2021, the Spanish Data Protection Authority (‘AEPD’) imposed fine on an individual of €3,000 for its unlawful use of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Confession of a Company and the sentencing thereafter — Court clears ‘imprisonment and fine’ for a juristic person, construes with practical wisdom

Central Bureau of Investigation, Ghaziabad (CBI): Shivank Singh, Special Judicial Magistrate (CBI) after considering the evidences and the confession made by the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Bulldozed ‘Building Restructure Plan’: Orders insolvency instead

National Company Law Tribunal (NCLT): The Coram of Justice R. Sucharitha (Judicial Member) and Anil Kumar B (Technical Member) was of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Change in DoB cannot be claimed as a matter of right merely because the same had been changed in academic records

Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) held that the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | ZEE insider trading: Interim ex-parte order bars 15 entities

Securities and Exchange Board of India (SEBI): Madhabi Puri Bach, (Whole Time Member) considering the impending danger to the interests of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the service tax can be demanded on the construction of houses for rehabilitation of poor people under JNNURM? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Anil Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Failure to furnish the mandate results in restriction from the market which became a mandate thereafter

Securities and Exchange Board of India (SEBI): Ananta Barua, Whole Time Member while exercising the powers conferred under Sections 11(1), 11(4), 11(4A),

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | To insulate the interest of the investors from impostures — Issues order for debarment

Securities and Exchange Board of India (SEBI): Madahabi Puri Bach, Whole Time Member while keeping in view the violation of MPS requirement,