Homebuyer Cannot Be Forced To Take Possession Of Unallotted Flat: Rajasthan REAT

The Rajasthan Real Estate Appellate Tribunal has held that a real estate developer cannot compel a homebuyer to take possession of a flat that was never allotted to him and cannot deduct administrative charges from a refund when no written Agreement for Sale exists. The tribunal allowed an appeal by a retiree homebuyer and directed the developer to refund the entire amount paid with...

[Arbitration Act] S.37(1)(c) Applies To Entire S.34; Dismissal On Limitation Or Technical Grounds Is Appealable: Delhi High Court

The Delhi High Court recently observed that the application of Section 37(1)(c) of the A&C Act is not limited to any specific sub-section, and applies to the entire Section 34 of the A&C Act. The Court, while clarifying the law laid down in Chintels India Ltd. v. Bhayana Builders Pvt. Ltd., [2021 INSC 76], observed that a dismissal of a Section 34 application on the grounds...

Excise | No Suppression Where Credits Reflected In Statutory Returns; Extended Limitation Invalid; Indian Oil Petronas Wins CESTAT Appeal

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that when the availment of CENVAT credit is duly disclosed in statutory ER-1 returns and the assessee has regularly paid excise duty, allegations of suppression within the intent to evade duty cannot be sustained. P. Dinesha (Judicial Member) and Vasa Seshagiri Rao (Technical Member) stated that...

Award Liable To Be Set Aside If Arbitral Tribunal Rewrites Contract Or Ignores Determinative Clauses: Calcutta High Court

The Calcutta High Court has recently held that an arbitral tribunal does not have the authority to rewrite the terms of a contract, ignore its determinative clauses on notions of equity, fairness or public law principles. It said if the tribunal travels beyond the contract itself, it amounts to a jurisdictional transgression, rendering the award illegal. “An Arbitral Tribunal does...

Oppression And Mismanagement Plea Not Maintainable Without Company Membership On Filing Date: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Chennai recently reaffirmed that a petition alleging oppression and mismanagement under Sections 241 and 244 of the Companies Act, 2013, cannot be entertained unless the person filing it establishes that he was a “member” of the company on the date the petition was filed. While setting aside an order of the National Company Law...

Benefit Of S.14 Limitation Act Applies To Appeals U/S 107 GST Act Where Rectification Application Is Filed Within Time: Allahabad High Court

The Allahabad High Court has held that the benefit of Section 14 of the Limitation Act can be granted to a party for filing appeal under Section 107 of the Goods and Service Tax Act where a rectification application under Section 161 of the GST Act was filed within time. Limitation for filing appeal under Section 107 of the GST Act is 3 months from the date of the order with...

Delhi High Court Slaps ₹1 Lakh Costs On Securities Brokerage That Undertook Trades Without Client Mandate

The Delhi High Court recently pulled up a stock brokerage firm for indulging in unauthorised trading and “sharp practices” aimed at earning commission income at the cost of investors. It also imposed a costs of Rs 1 lakh for prolonged harassment of its client. Dismissing an appeal by Trustline Securities Limited, the court held that trades executed without client instructions and...

Extended Limitation Cannot Be Invoked When CENVAT Credit Disclosed In ST-3 Returns: CESTAT Allahabad Grants Relief To HCL

The Allahabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that the extended period of limitation cannot be invoked when the assessee has regularly disclosed CENVAT (Central Value Added Tax) credit in ST-3 returns and furnished complete details while filing refund claims under Rule 5 of the Cenvat Credit Rules, 2004. P. Dinesha (Judicial Member) and...

Delhi High Court Mandates E-KYC For Domain Registrations To Curb Online Frauds

To curb online scams run through fake websites impersonating popular brands, the Delhi High Court has ordered mandatory e-KYC for domain name registrations and restricted automatic privacy masking of registrant details. It has also directed banks to strengthen payment verification safeguards to protect unsuspecting consumers from being duped.The directions were issued in a batch of...

Delhi High Court Upholds Arbitral Referral Of Trademark & Passing Off Dispute Involving "Pind Balluchi" Restaurant

The Delhi High Court Bench of Justices Om Prakash Shukla and C. Hari Shankar have allowed the Section 8, Arbitration and Conciliation (“ACA”) application seeking referral for arbitration between M/s Triom Hospitality (“Triom”) and M/s J.S. Hospitality Services Pvt. Ltd. (“J.S.”) regarding the registered trademark of the famous “Pind Balluchi”...

Information Technology Act Provisions Regarding Service Of Notice Inapplicable To Service Under GST Act: Allahabad High Court

In a landmark judgment, the Allahabad High Court has held that the provisions of Information Technology Act regarding dispatch and receipt of service are not applicable to service made under Section 169 of the Goods and Service Tax Act, 2017. The six modes of service provided under Section 169(1) of the State/Central GST Act are: (a) tendering directly or by messenger; (b) dispatch...

Service Tax | Sale Of Popcorn & Beverages At Cinema Counters Is Not Service, No Service Tax Payable: CESTAT Delhi

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal has set aside a service tax demand of over ₹18.84 crore against assessee, holding that the sale of food and beverages such as popcorn, snacks and soft drinks at cinema counters amounts to sale of goods and does not involve any element of “service” under the Finance Act, 1994. A Bench...