NCLT Bengaluru Directs Alliance Business School And Alliance University To Submit Its Minutes Of Books In A Sealed Cover

The National Company Law Tribunal ("NCLT"), Bengaluru Bench, comprising of Shri Ajay Kumar Vatsavayi (Judicial Member) and Shri Manoj Kumar Dubey (Technical Member), while adjudicating a petition in Madhukar G. Angur v. Abhay Govind Chebbi & Ors., has directed submission of minutes of books of the Alliance Business School (Company) and Alliance University before the NCLT within...

Export Entitlements And Duty Drawback Of Promotion Scheme Is An Income Assessable Under "Profits Or Gains From Business Or Profession": ITAT

The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the export entitlements and the duty drawback of the promotion scheme are an income assessable under the head "profits or gains from business or profession" as per clauses (iiib) and (iiid) of section 28 of the Income Tax Act, 1961. The two-member bench of Duvvuru Rl Reddy (Judicial Member) and...

NCLAT Set Asides Insolvency Process Against HCL

The National Company Law Appellate Tribunal (NCLAT) Principal Bench comprising of Justice Ashok Bhushan, Ms. Shreesha Merla and Mr. Naresh Salecha recently allowed the appeal filed by the suspended director of HCL Technologies (HCL) and set aside the Corporate Insolvency Resolution Process (CIRP) initiated against the HCL. NCLT Bench-II, New Delhi on 17.01.2022 admitted the...

GST Not Payable On Monthly Collection Not Exceeding Rs.7500 Per Member Of RWA: AAR

The Telangana Authority of Advance Ruling (AAR) consisting of B. Raghu Kiran and S.V. Kasi Visweswara Rao has ruled that GST is not payable on monthly collection not exceeding Rs. 7500 per member of the Resident Welfare Association (RWA). The applicant, M/s. Jayabheri Orange County Owners Association, is a Resident Welfare Association (RWA) collecting monthly maintenance charges,...

Orissa High Court Weekly Round-Up: May 30 To June 5, 2022

Nominal Index: 1. Dr. Pabitra Mohan Mallik v. State of Odisha & Ors., 2022 LiveLaw (Ori) 93 2. Siba Prasanna Pathy v. State of Odisha & Ors., 2022 LiveLaw (Ori) 94 3. Pradip Kumar Sahoo v. Principal Secretary to Govt., School and Mass Education Deptt. & Ors., 2022 LiveLaw (Ori) 95 4. Mohammad Arif v. Enforcement Directorate, 2022 LiveLaw (Ori) 96 5. Bhuban...

Slum Dwellers Rehabilitation: Delhi High Court Takes Suo Moto Cognizance Of Non-Allotment Of Low-Cost Flats Under JNNURM Scheme

The Delhi High Court has taken suo moto cognizance of non-allotment of flats constructed under Centre's Jawaharlal Nehru National Urban Renewal Mission Scheme, which was to be implemented by the Delhi Government, for rehabilitation of slum dwellers in the city. Justice Pratibha M Singh noted that a large number of houses were either constructed or partially constructed but the same were yet to...

High Courts Not To Enquire If There Is Reliable Evidence While Exercising Section 482 CrPC Jurisdiction : Supreme Court

Reiterating that "the Court interferes in criminal proceedings under Cr. P. C. Section 482, in rare and exceptional cases, to give effect to the provisions of the Cr.P.C. or to prevent abuse of the process of any Court or otherwise to secure the ends of justice", the Supreme Court has stressed that criminal proceedings can be said to be in abuse of the process of court "when the allegations...

Tribunals Like NGT Are Subordinate To A High Court ; Conflicting Orders Will Lead To Anomalous Situation: Supreme Court

The Supreme Court observed that the Tribunals like National Green Tribunal is subordinate to High Courts."There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals.", the bench comprising Justices B R Gavai observed.In this case, the State was running a resort ...

Teacher Recruitment Scam: Calcutta High Court Orders Removal Of Illegally Appointed Asst. Maths Teacher From Govt School

The Calcutta High Court on Monday, while adjudicating upon a plea alleging illegal appointment of assistant teachers for Class 9 and Class 10 in State-run schools, directed West Bengal Board of Secondary Education to set aside the appointment of a mathematics teacher.In the instant case, one Siddique Gazi was working as a mathematics teacher at Soluadanga High School in Murshidabad since...

GST Payable On Medical Health Insurance Premium For Employees: AAR

The Telangana Authority of Advance Ruling (AAR) consisting of B. Raghu Kiran and S.V. Kasi Visweswara Rao has observed that GST is payable on medical health insurance premiums for employees. The applicant, M/s. Hyderabad Metropolitan Water Supply and Sewerage Board, has paid medical insurance premiums to provide health insurance to the employees, pensioners and their family members....

Unregistered Agreement To Sell Being In Contravention Of Registration Act Can't Be Accepted For Establishing Possession Of Property: P&H High Court

The Punjab and Haryana High Court has held that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of the claimant party.The observation was made by Justice Alka Sarin while dealing with a revision petition filed by the Plaintiff-petitioners, claiming possession of the...

Delay In Filing Audit Reports Due To The Hospitalisation Of Accountant: ITAT Deletes Penalty

The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the penalty for delay in filing audit reports due to the hospitalisation of the assessee's accountant. The two-member bench, led by R. S. Syal (Vice President) and Partha Sarathi Chaudhury (Judicial Member), concluded that the assessee had explained the reasonable cause through documentary evidence.The...