GST Laws
Experts CornerTarun Jain (Tax Practitioner)

by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 27

Cavendish Test for Greater Autonomy
Op EdsOP. ED.

by Ashish Jha†

Delhi High Court
Case BriefsHigh Courts

Section 129-E of Customs Act, 1962 makes it obligatory to deposit the duty/penalty pending the appeal and if a party does not comply either with the main Section or with any order that might be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance.

Competition Commission of India
Legislation UpdatesRules & Regulations

CCI issues guidelines to bring transparency in method of calculating penalties.

patna high court
Case BriefsHigh Courts

“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”

Case BriefsTribunals/Commissions/Regulatory Bodies

Securities and Exchange Board of India: In the instant matter, Mohammad Nasiruddin Ansari was alleged to have induced / influenced investors to

delhi high court
Case BriefsHigh Courts

Settlement of non-compoundable offences through mediated settlement agreements is not permissible. Even otherwise, to permit the accused and complainant to compromise an offence on payment of money, in session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediated settlement agreements.

securities appellate tribunal, mumbai
Case BriefsTribunals/Commissions/Regulatory Bodies

There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.

orissa high court
Case BriefsHigh Courts

The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.

Legislation UpdatesNotifications

On 23-6-2023, the Reserve Bank of India (‘RBI’) imposed a penalty of Rs. 30 lakhs on Axis Bank Ltd. for non-compliance with

national consumer disputes redressal commission
Case BriefsTribunals/Commissions/Regulatory Bodies

While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.

gujarat sales tax act
Case BriefsSupreme Court

“The intention of the legislature is very clear and unambiguous that the moment any eventuality as mentioned in Section 45(5) occurs, the penalty shall be leviable as mentioned in sub-section (6) of Section 45 of the Gujarat Sales tax Act, 1969”, the Supreme Court observed.

Madras High Court
Case BriefsHigh Courts

Madras High Court said that the circular dated 2-08-2019, cannot have any implication in respect of the sole proprietary concern of the petitioner i.e., “M/s. Murugan Idli Shop”.

Case BriefsTribunals/Commissions/Regulatory Bodies

The Tribunal while upholding the impugned order passed by CCI dated 20-10-2022, set aside 4 key directions issued in paragraphs 617.3, 617.9, 617.10 and 617.7.

Gauhati High Court
Case BriefsHigh Courts

Gauhati High Court was faced with a peculiar case where “petitioner” had followed every rule in the book to file a well-planned petition; however, in reality the petitioner did not exist!

Case BriefsTribunals/Commissions/Regulatory Bodies

On 3-3-2-2023, the Reserve Bank of India (‘RBI’) imposed a penalty of Rs. 3.06 crore on Amazon Pay (India) Private Limited for

Ministry of Law and Justice
Legislation UpdatesStatutes/Bills/Ordinances

On 31-01-2023, the President has given assent to Maritime Anti-Piracy Act, 2022. The Act has been enacted to give effect to the

Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal, New Delhi: While deciding an appeal filed against the Competition Commission of India's (CCI) order imposing a

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT while deciding the issue of cartelisation by breweries observed that lesser penalty application indicates admission of guilt and held United Breweries, Carlsberg India Pvt. Ltd. and All India Breweries Association liable for cartelisation.

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court stayed the recovery of a Rs. 223.48 crore penalty imposed by Competition Commission of India (CCI) on MakeMyTrip (P) Ltd. for abuse of its dominant position.