show-cause notice Archives

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 High Courts

Del HC | Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., noted the mandatory condition provided under Section 144B (7) of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal

Hot Off The Press News

Innocent citizen died in indiscriminate firing by Army | NHRC issues show cause notice to Ministry of Defence on why relief not to be paid to next kin of citizen

NHRC, India issued a notice on 24-02-2021 to the Union Ministry of Defence, through its Secretary, to show cause why Rs 5

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBBI | Is an Insolvency Resolution Professional eligible to accept an assignment after 31st December 2019? Relevant Provision explained in light of IP regulations

Insolvency and Bankruptcy Board of India (IBBI): Dr Mukulita Vijayawargiya (Whole Time Member, IBBI) disposed of a show-cause notice issued to a

Case Briefs Supreme Court

No mention of intention to blacklist in the show cause notice? SC says such show cause notice and consequent blacklisting order liable to be quashed

Blacklisting can effectively lead to the civil death of a person.

Case Briefs High Courts

Raj HC | Writ petition is not entertainable at that stage of show cause notice; Court dismisses petition holding it to be pre-mature

Rajasthan High Court: Sanjeev Prakash Sharma, J., dismissed a petition which was filed praying to quash and set aside the certificate of

Case Briefs High Courts

All HC | Court took cognizance of deliberate laxity in compliance of its orders by officers concerned , passed remarks and issued show cause notice in contempt application

Allahabad High Court: Disgruntled with the respondent for non-compliance with the Court’s earlier orders, Vivek Kumar Birla, J. allowed the present contempt

Case Briefs High Courts

CESTAT | Service Tax Penalty of Rs 1,03,83,141 set aside completely; Tribunal allowed appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Division Bench of Anil Choudhary (Judicial Member) and P. Venkata Subba Rao (Technical

Case Briefs High Courts

Kar HC | Unless fraudulent act proved, limitation for suits by or on behalf of State or Centre not maintainable after 30 years

Karnataka High Court: M.I. Arun, J. allowed the writ petition and declared the show cause notice or any subsequent proceeding as null

Case Briefs High Courts

Bom HC | Can Government take any land into their possession without declaring same to be ‘private forest’ under Maharashtra Private Forest (Acquisition) Act, 1975? HC discusses

Bombay High Court: Anil S. Kilor, J., held that to declare land as private forest under Maharashtra Private Forest (Acquisition) Act, 1975, it

Case Briefs High Courts

Gau HC | Essentials of fair play demand that before blacklisting, person or entity concerned should be afforded an opportunity to represent his case

Gauhati High Court: Achintya Malla Bujor Barua, J. allowed the writ petition and granted the respondents the liberty to continue proceedings against

Case Briefs High Courts

J&K HC | Show-cause notice does not tantamount to infringement of any rights; Writ petition in that regard is not maintainable

Jammu and Kashmir High Court: Vinod Chatterji Koul, J. dismissed the writ petition as a show-cause notice not reflective of any pre-disposition

Case Briefs High Courts

Jhar HC | Principle of estoppel to operate when candidate appears at examination without objection and is subsequently found to be unsuccessful

Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition and no relief given to the petitioners. The facts of the case

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Company providing service to member companies without consideration not liable to service tax under Business Auxiliary Service (BAS)

Suchita Shukla, Editorial Assistant has put this story together

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Benefit of S. 80, Finance Act, 1994 allowed to assessee who paid major portion of tax liability before issue of show cause notice

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Division Bench of Sulekha Beevi (Judicial Member) and Anil G. Shakkarwar (Technical Member)

Case Briefs High Courts

Raj HC | Court directs seizure of building for wilful disobedience of Court order

Rajasthan High Court: A Division Bench of Sangeet Lodha and Mahendar Kumar Goyal JJ., ordered for seizure of building and issued show-cause

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | PC Jeweller promoters found to be in violation of Insider Trading Regulations; Impounded & Issued show-cause notice

Securities Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member), issued an impounding order and issued show-cause notices against the ‘Insiders’ and suspected entities

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | CPIO issued show-cause notice for misleading the Commission regarding identity of Customs Official regarding whom information was sought

Central Information Commission (CIC): The Division Bench of Suresh Chandra and Bimal Julka, Information Commissioners, directed for a show-cause notice to be

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | An arbitrary show cause notice which is held to be correct in principle cannot become a ground to re-open a case under guise of rectification of mistake

Custom, Excise and Service Tax Appellant Tribunal (CESTAT): A Division Bench of Rachna Gupta (Judicial Member) and C.L. Mahar (Technical Member) dismissed