Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Abnormalities, established relations and phone calls forms basis of strong preponderance of probabilities-Insider trading out of doors

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, in a detailed order held that the Managing Director, Abhay

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Person detected with schizophrenia denied mediclaim. Insurer saying claimant suffering since 20 yrs hid material facts: Read why NCDRC allowed the claim

National Consumer Disputes Redressal Commission (NCDRC): Justice Ram Surat Ram Maurya (Presiding Member) upheld the decision of State Commission with regard to

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Cogent over conjecture-Court gives ‘suspicion’ a backseat and ‘proof’ put in front- Acclaims ‘proof surpasses even a strong suspicion’

Central Bureau of Investigation, Ghaziabad (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while acquitting the accused of all the charges gave detailed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | I&B Code, speed and NCLT– Directs to take up the matter without going into merits and digging in deep

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice M. Venugopal, Acting Chairperson, V.P. Singh, Technical Member and Ashok Kumar Mishra,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Abetted and accomplished but still addressed ‘abetment’– Substantive offence for forgery dwindled to ‘abetment to forgery’– Infuriated Court takes cognizance under S. 467 IPC

Central Bureau of Investigation, Ghaziabad (CBI)-Shivank Singh, Special Judicial Magistrate (CBI) while taking cognizance under Sections 420, 467, 468 & 471 IPC,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can cenvat credit be availed on event management services? Tribunal explains

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 | What is the role of will/intention in evasion of payment of duty? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal in relation to evasion of payment of

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