Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | No service tax can be levied in absence of either consideration or a service; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta, J. (President) and C.L. Mahar (Technical Member) allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | “Celebration by crackers is for happiness; It is not to celebrate deaths and diseases”: Total Ban against sale or use of all kinds of firecrackers in NCR from November 9th to 30th [Read Directions]

National Green Tribunal (NGT): Coram of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Dr Satyawan Singh Garbyal and Dr

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Collusion of authorities in allowing illegal sand mining suspected; Tribunal directs to not merely recover loss of royalty but also for loss to environment

National Green Tribunal (NGT): The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member) and Dr Satyawan Singh

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Whether use of firecrackers be banned in Delhi-NCR from 7th November to 30th November, 2020 in public interest? Tribunal to decide

National Green Tribunal (NGT): The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member), Dr Satyawan Singh Garbyal

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Is it necessary to take consent under Water and Air Act to establish garbage processing plant? Tribunal directs closure of plant

National Green Tribunal (NGT): The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member), Dr Satyawan Singh

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Assessee eligible for availing CENVAT credit on service tax paid on outward transportation of its finished goods; Tribunal dismisses appeal by the Revenue

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member), dismissed an appeal filed by the Revenue alleging that the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

If a person carries out trading in shares on an occasional basis by opening a Demat Account, will that person come under the ambit of Consumer? Read NCDRC’s opinion

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) addressed the question of who can be considered a consumer under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Fraudulent misstatements in financial statements will amount to misrepresentation /unfair trade practice under Regulation 4(2) of SEBI PFUTP Regulations, 2003

Securities Exchange Board of India: G. Mahalingam, Whole-time member retrained the promoters of the Dewan Housing Finance Limited i.e. DHFL from accessing

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of interest to be calculated from the date of determination of due amount till actual date of payment of duty; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can homebuyers be made to wait indefinitely for possession of plots allotted 12 years back? Commission answers while directing Ansal to make full return to buyers

National Consumer Disputes Redressal Commission (NCDRC): V.K. Jain (Presiding Member), held that homebuyers cannot be made to wait indefinitely for the possession of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Can CPIO rely on other Rules, Acts, Order or Circulars in matters of RTI Act? Commission explicates

Central Information Commission (CIC): Amita Pandove (Information Commissioner), came down heavily on CPIO, All India Radio for abdicating his duties. Appellant filed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Is there an obligation under RTI Act for public authority concerned to transfer RTI application in case of subject-matter not being under its ambit? Commission throws light

Central Information Commission (CIC): Amit Pandove (Information Commissioner) while addressing the present appeal observed the essence of Section 6(3) of the Right to

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT reiterates IBC is beneficial legislation intended to put Corporate Debtor on its feet, not a mere money recovery legislation

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Sing (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | All the services in question are eligible input services for rendering of output services; Tribunal allows appeal entitling appellant to input service credit

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Coram of Anil Chaudhary (Judicial Member) and C.L. Mahar (Technical Member), allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | S. 15J SEBI Act, 1992 may not apply in adjudication proceedings involving penalty under S. 15A SEBI Act, 1992 while determining the quantum of penalty, Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwal allowed the appeal and substituted the penalty imposed by the impugned order with a warning.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund is payable under S. 11BB of Central Excise Act, 1944; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals directed against the common impugned order passed by

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Builder has to mention the date of delivery of possession in agreement & failure to do so will be read against builder; Homebuyer cannot be made to wait for possession indefinitely

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member) held that, a homebuyer

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can a consumer claim refund of principal amount if flat not delivered on time? Commission untangles two fundamentals for Buyer — Consumer

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Justice R.K. Agarwal (President) and Dr S.M. Kantikar (Member) decided three complaints in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Are the offices of President, Vice President, PM, Governors, LGs and CMs legally obliged under RTI Act to entertain RTI applications? Commission unfolds position

Central Information Commission (CIC): Y.K. Sinha (Information Commissioner), reiterated the Commission’s position that, offices of President, Vice President, Prime Minister, Governors, Lt. Governors