{"id":252103,"date":"2021-07-31T17:36:51","date_gmt":"2021-07-31T12:06:51","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=252103"},"modified":"2021-09-08T13:20:12","modified_gmt":"2021-09-08T07:50:12","slug":"tribunals-regulatory-bodies-commissions-monthly-roundup-july-2021","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/07\/31\/tribunals-regulatory-bodies-commissions-monthly-roundup-july-2021\/","title":{"rendered":"Tribunals\/Regulatory Bodies\/Commissions Monthly Roundup | July 2021"},"content":{"rendered":"
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Here\u2019s a run-through of all the significant decisions covered in the month of July, 2021 under the Section of Tribunals\/Commission\/Regulatory Bodies.<\/span><\/p>\n<\/blockquote>\n

\n

Appellate Tribunal for Electricity<\/strong><\/span><\/h2>\n

\"\"\u00a0<\/strong><\/p>\n

Solar Project<\/u><\/span><\/h3>\n

Whether there was bona fide delay in commissioning the solar power project?<\/p>\n

\u201c\u2026allowed an appeal which was filed against the Order of Karnataka Electricity Regulatory Commission (Commission) whereby, the Commission has held that the Applicant\/Appellant was not entitled to extension of time for commissioning of solar power project in terms of the Power Purchase Agreement and Supplementary power Purchase Agreement.\u201d<\/em><\/p>\n

Read more: https:\/\/bit.ly\/3jbKtvP<\/a><\/p>\n

\n

Armed Forces Tribunal<\/strong><\/span><\/h2>\n

\"\"<\/strong><\/p>\n

War Injury Pension<\/u><\/span><\/h3>\n

Tribunal grants war injury pension to WW-2 soldier who suffered splinter wound injury in Italy<\/p>\n

\u201c\u2026war injury pension to World War-2 veteran who suffered splinter wound injury in his right leg\u201d<\/em><\/p>\n

Read more: https:\/\/bit.ly\/37cxXXi<\/a><\/p>\n

\n

Customs Excise & Service Tax Appellate Tribunal<\/strong><\/span><\/h2>\n

\"\"<\/p>\n

Input Services<\/u><\/span><\/h3>\n

Whether distribution of credits on input services attributable to final product on a pro-rata basis proportionate to turnover of each unit between manufacturing plants? Tribunal answers<\/p>\n

\u201c\u2026issue involved was that the appeals was whether Parle Biscuits was justified in distributing credits on input services attributable to the final product on a pro-rata basis proportionate to the turnover of each unit between the manufacturing plants of Parle Biscuits and its contract manufacturing units, including Krishna Foods, under Rule 7(d) of the CENVAT Rules.\u201d<\/em><\/p>\n

Read more: https:\/\/bit.ly\/2V5CYhG<\/a><\/p>\n

Convenience Fee<\/u><\/span><\/h3>\n

\u201cConvenience fee\u201d charged by PVR for online booking of movie tickets under OIDAR category under S. 65(105) (zh) of Finance Act taxable or not? Tribunal explains<\/p>\n

\u201cIssue involved was related to to taxability of \u201cconvenience fee\u201d charged by PVR Limited on its customers for online booking of movie tickets under the category of \u201conline information and database access retrieval system\u201d defined under section 65 (75) of the Finance Act and taxable under section 65 (105)(zh) of the Finance Act.\u201d<\/em>\u00a0<\/em><\/p>\n

Read more: https:\/\/bit.ly\/3rKRvvg<\/a><\/p>\n

Principles of Natural Justice<\/u><\/span><\/h3>\n

Revenue has miserably failed to discharge its onus; Tribunal finds impugned order opposed to principles of natural justice<\/p>\n

https:\/\/bit.ly\/37a5uB8<\/a><\/p>\n

CENVAT Credit<\/u><\/span><\/h3>\n

Admissibility of the Cenvat Credit in respect of outward GTA; Tribunal allows appeal<\/p>\n

https:\/\/bit.ly\/3xcJKzf<\/a><\/p>\n

\n

Central Information Commission<\/span><\/h2>\n

\"\"<\/p>\n

Right to Information Act<\/u><\/span><\/h3>\n

Can S. 8(1)(d), RTI Act be invoked to deny copy of thesis in view of commercial viability and to protect interests of scholar and his guide?<\/p>\n

\u201c\u2026thesis publication of the research scholars cannot be reasonably even brought under any of the suo motu components of disclosure envisaged under Section 4 of the RTI Act, thereby reinforcing the proposition that the protection of Section 8 and 9 exemptions is very much available to the CPIO in the instant case.\u201d<\/em><\/p>\n

Read more: https:\/\/bit.ly\/3fbpI23<\/a><\/p>\n

\n

Delhi State Consumer Disputes Redressal Commission<\/strong><\/span><\/h2>\n

\"\"\u00a0<\/strong><\/p>\n

Deficiency of Service<\/u><\/span><\/h3>\n

Will Camera Manufacturer \u2014 Nikon be liable for deficiency of service caused to a consumer who lost all his photographs due to memory card getting corrupted?<\/p>\n

\u201c\u2026Nikon was neither the manufacturer, dealer, importer, wholesaler of the Memory Card which got corrupted leading to the loss of the photos.\u201d<\/em><\/p>\n

Read more: https:\/\/bit.ly\/3fbqg87<\/a><\/p>\n

Builder-Buyer Dispute<\/u><\/span><\/h3>\n

Builder handing over possession of plot with incomplete development beyond agreed time. Is buyer entitled to refund of deposit with interest? Commission decides<\/p>\n

\u201cPossession of the plot land booked by the complainant was not handed over within the time agreed to despite the complainant has made the payment to the extent sought from time to time.\u201d<\/em><\/p>\n

Read more: https:\/\/bit.ly\/2WJUV6d<\/a><\/p>\n

\n

National Consumer Disputes Redressal Commission<\/strong><\/span><\/h2>\n

\"\"<\/strong><\/p>\n

Medical Negligence<\/u><\/span><\/h3>\n
    \n
  • Can Wheelchair injuries be covered under the ambit of medical negligence?<\/li>\n<\/ul>\n

    \u201cWheelchairs are usually thought of a medical device that is meant to help those who are injured or have physical challenges; they can also be a source of injury when not properly used. Most wheelchair injuries that happen in a medical setting due to the negligence of medical staff and such could be easily prevented by a hospital or nursing home.\u201d<\/em><\/p>\n

    Read more: https:\/\/bit.ly\/3fimrOy<\/a><\/p>\n

      \n
    • 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?<\/li>\n<\/ul>\n

      \u201c\u2026The medical professional is often called upon to adopt a procedure that involves a higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure.\u201d<\/em><\/p>\n

      Read more: https:\/\/bit.ly\/3idk4hG<\/a><\/p>\n

      \n

      National Company Law Appellate Tribunal<\/strong><\/span><\/h2>\n

      \"\"\u00a0<\/strong><\/p>\n

      Insolvency Proceedings<\/u><\/span><\/h3>\n

      An Arroyo for OYO | While allowing it to work independently, closed insolvency proceedings; Disallowed external parties to impinge<\/p>\n

      \u201cWe are of the considered view that before Constitution of Committee of Creditors (CoC) mere filing of a \u2018Claim\u2019 does not constitute a default per se. It is only on the basis of the \u2018Claims\u2019 that the CoC is constituted. In a catena of Judgments, the Supreme Court has reiterated that the prime objective of the Court is not recovery, but revival\u201d.<\/em><\/p>\n

      Read more: https:\/\/bit.ly\/3rO12BU<\/a><\/p>\n

      \n

      National Company Law Tribunal<\/strong><\/span><\/h2>\n

      \"\"<\/strong><\/p>\n

      Personal Guarantor<\/u><\/span><\/h3>\n

      Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process<\/p>\n

      https:\/\/bit.ly\/2Vmxnn0<\/a><\/p>\n

      \n

      National Green Tribunal<\/strong><\/span><\/h2>\n

      \"\"<\/strong><\/p>\n

      No Odour control system required to prevent odour from Sewage Treatment Plant. Why? NGT imposes costs on Delhi Jal Board: Why DJB is shirking its responsibility?<\/p>\n

      \u201cMere spraying of chemical solution and other superficial steps is not effective in installing an effective odour control unit.\u201d<\/em><\/p>\n

      Read more: https:\/\/bit.ly\/3rMxOTD<\/a><\/p>\n

      \n

      National Human Rights Commission<\/span><\/h2>\n

      \"\"<\/p>\n

      Fr. Stan Swamy | Medical Treatment<\/u><\/strong><\/span><\/h3>\n
        \n
      • Ensure every possible medical treatment to imprisoned FR. Stan Swamy as part of life saving measure and protection of his basic human rights: NHRC<\/li>\n<\/ul>\n

        https:\/\/bit.ly\/3yk7ov5<\/strong><\/a><\/p>\n

        Manual Scavenging<\/u><\/strong><\/span><\/h3>\n
          \n
        • Manual scavenging and hazardous cleaning still remain a stinking truth of our nation: NHRC<\/li>\n<\/ul>\n

          https:\/\/bit.ly\/3yi3seb<\/a><\/p>\n

          Post-Poll Violence in West Bengal<\/u><\/strong><\/span><\/h3>\n
            \n
          • NHRC refutes allegations in a section of media regarding leakage of report relating to post poll violence in West Bengal<\/li>\n<\/ul>\n

            https:\/\/bit.ly\/3BZMT9h<\/strong><\/a><\/p>\n

            \n

            Securities Exchange Board of India<\/strong><\/span><\/h2>\n

            \"\"<\/strong><\/p>\n

            Fraudulent Scheme<\/u><\/span><\/h3>\n

            \u00a0Manipulation in prices, fraudulent scheme results in debarment-Global Infratech, Directors and 12 other entities ousted from the market<\/p>\n

            https:\/\/www.scconline.com\/blog\/post\/2021\/07\/23\/manipulation-in-prices\/<\/a><\/p>\n

            Insider Trading<\/u><\/span><\/h3>\n

            Financial Racket: Kundra, Shetty into murky waters again | Imposes fine for insider trading on Viaan Industries<\/p>\n

            https:\/\/bit.ly\/2V0zFZq<\/a><\/strong><\/p>\n

            \n

            \u00a0<\/strong>Securities Appellate Tribunal<\/strong><\/span><\/h2>\n

            \"\"\u00a0<\/strong><\/p>\n

            Collective Investment Scheme<\/u><\/span><\/h3>\n

            Unregistered Collective Investment Scheme violative of S. 12(1)(b) of SEBI Act and Regulations, order to pay 10% p.a. interest on refundable amount not vitiated<\/p>\n

            https:\/\/bit.ly\/3j728EJ<\/a><\/p>\n

            \n

            Tribunals\/Regulatory Bodies\/Commissions Monthly Roundup | June 2021<\/a><\/p><\/blockquote>\n