Tribunals/Commissions/Regulatory Bodies Archives

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| Evaluation of CoC wisdom, beyond the purview of NCLT-Is expected ‘just’ to initiate liquidation process rather

National Company Law Tribunal, Hyderabad Bench: The Coram of Madan B Gosavi (Judicial Member) and Veera Brahma Rao Arekapudi (Technical Member) was

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Titan on Insider Trading-Violations by 6 employees of TCL attracts Penalty | Holds-contravention disregards both honest and dishonest ignorance

Securities and Exchange Board of India (SEBI): Soma Majumdar, Adjudicating Officer, in six separate Adjudication Orders, while holding the Noticees liable for

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