Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Centre’s denial on information relating to committee set up to ensure adequate availability of medical oxygen during COVID-19, is justified? Succinct Report

Central Information Commission (CIC): Vanaja N. Sarna (Information Commissioner), observed that, For a CPIO to be able to ascertain the impediment to

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | If the ownership of gold is proved to the customs, can it still be penalized? Tribunal upholds confiscation of gold concealed inside the inner garment

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) partly allowed an appeal which was filed aggrieved by the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is there a requirement to pay 10% of value of exempted goods in terms of Rule 6(3) of Cenvat Credit Rules, 2004? Tribunal answers

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

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SEBI | To bring the proceedings initiated to a logical conclusion-Certificate of registration fails to survive

Securities Exchange Board of India (SEBI): G Mahalingam, Whole Time Member while exercising the powers conferred under Section 19 of the Securities

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Whether NOIDA being a public authority could have adopted a different policy for extending construction period between same category of persons? Read on

National Consumer Disputes Redressal Commission (NCDRC): Coram of C. Viswanath (Presiding Member) and Justice Ram Surat Ram Maurya (Member) observed that, NOIDA

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rejects withdrawal application under S. 12-A IBC where corporate debtor entered into settlement only with a fraction of creditors: CIRP against Rolta India Ltd. will continue

National Company Law Tribunal, NCLT Mumbai: Coram of Suchitra Kanuparthi, Judicial Member and Chandra Bhan Singh, Technical Member, observed that, “…a Judicial

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is Service Tax chargeable on the services rendered by the foreman in the chit fund business? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed an appeal which was filed after being rejected by

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SEBI | Jammu & Kashmir government exempted from Takeover regulations for the proposed acquisition of equity shares of Jammu and Kashmir Bank

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, exempted the Government of Jammu and Kashmir, from complying with

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Does Rule 4(5)(a) of Cenvat Credit Rules, 2002 cover the return of waste and scraps and is it subject to Central Excise duty? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed aggrieved by the order-in-original

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SEBI | Specious Portfolio, Spurious Manager -Deceptive Portfolio Manager with a real-looking-fake website caught and handled suitably

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while exercising the powers under Sections 11, 11(4),11B (1) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT Decodes | Whether working capital provided by an investor to run a restaurant would come under the ambit of Financial Debt?

National Company Law Tribunal (NCLT): Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) held that ‘Working Capital’

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NCLT | Malice Intention to start something ‘other than insolvency’ nipped- Releases the Corporate Debtor from ‘rigors of CIRP and moratorium’

National Company Law Tribunal (NCLT): The Coram of Justice Abni Ranjan Kumar Sinha,(Judicial Member), and L.N. Gupta, (Technical Member) while exercising their

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Deliberate act of creating fictitious volumes distorting market equilibrium suffers a monetary penalty even in the absence of disproportionate gains

Securities and Exchange Board of India (SEBI): Maninder Cheema, Adjudicating Officer, while affirming the violations under Regulation 3 (a), (b), (c), (d)

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether service tax is payable on liquidated damages and penalties recovered under the contract? Tribunal answers

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

CAT | Premature retirement does not amount to punishment; Tribunal cannot go into adequacy where adverse facts exist against the employee

Central Administrative Tribunal (CAT): The Bench of Justice L. Narasimha Reddy (Chairman) and Mohd. Jamshed (Member) held that premature retirement does not

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Financial Racket: Kundra, Shetty into murky waters again | Imposes fine for insider trading on Viaan Industries

Securities Exchange Board of India (SEBI): Suresh B Menon, Adjudicating Officer, imposed a monetary penalty of Rs three lakh on Viaan Industries

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process

National Company Law Tribunal, Mumbai: Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member dismissed an interlocutory application filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent? Read on

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) while addressing an allegation of medical negligence, remarked that, At times,

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Whether there was bona fide delay in commissioning the solar power project? Tribunal answers

Appellate Tribunal for Electricity (APTEL): The Coram of Manjula Chellur (Chairperson) and Ravindra Kumar Verma, Technical Member (Electricity) allowed an appeal which

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Manipulation in prices, fraudulent scheme results in debarment-Global Infratech, Directors and 12 other entities ousted from the market

Securities Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, considering the alleged violations committed, issued directions restraining Global Infratech