NCLT Allahabad Bench Re-Constituted, Matters To Be Heard Through Video Conferencing

The National Company Law Tribunal, Allahabad Bench, has been re-constituted vide a Circular dated 01.07.2022, issued by NCLT as per Section 419(3) of the Companies Act, 2013. The new Bench shall comprise of: Shri Harnam Singh Thakur (Judicial Member)Shri Subrata Kumar Dash (Technical Member) The reconstituted Bench shall first take up matters of the NCLT Chandigarh...

TMC Leader Saket Gokhale Seeks Initiation Of Criminal Contempt Against OpIndia For Allegedly Insulting SC Over Oral Remarks Made In Nupur Sharma's Case

A letter has been written by TMC leader Saket Gokhale to Attorney General of India K.K. Venugopal, for seeking initiation of criminal contempt proceedings against the web portal OpIndia for allegedly insulting the Supreme Court over its oral remarks made in former BJP Spokesperson Nupur Sharma's case.The development came after the Top Court earlier this week came down heavily on Nupur...

Officers Of DGGI Are "Central Excise Officers"; Can Issue Show Cause Notices And Adjudicate Service Tax Demand: Madras High Court

The Madras High Court has ruled that officers of the Directorate General of GST Intelligence (DGGI) are "Central Excise Officers" for the purpose of Rule 3 of the Service Tax Rules, 1994 since they are vested with the powers of Central Excise Officers by the Central Board of Excise and Customs (CBEC). The Single Bench of Justice C. Saravanan, while considering a bunch of...

Complainant Moves Supreme Court Against Bail Granted To Kerala Actor-Producer Vijay Babu In Rape Case

A Kerala actor who was allegedly raped by Malayalam actor-producer Vijay Babu has moved the Supreme Court challenging the Kerala High Court's decision granting conditional anticipatory bail to the actor.In her petition moved through Advocate Raghenth Basant, she has submitted that the case raises an important issue of whether an absconding accused can be granted anticipatory bail on the...

No Interference U/A 227 Unless Lower Court Committed Manifest Error Or Decision Is Against Settled Principles Of Law: Kerala High Court

The Kerala High Court recently allowed a petition seeking to set aside an order passed by the Rent Control court finding that the lower court had committed a manifest error while passing the impugned order. The Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar, while considering the question of whether interference of the High Court was warranted on the order passed by...

Tax Cases Monthly Round-Up: June 2022

Direct Tax: Delhi High Court: Underreporting Of Income Due To Re-Computation Of Disallowance By The AO, Does Not Amount To Misreporting Of Income: Delhi High Court Case Title: Prem Brothers Infrastructure LLP. versus National Faceless Assessment Centre & Anr. Citation: 2022 LiveLaw (Del) 568 The Delhi High Court has ruled that where the underreporting of income...

Sale Of Corporate Debtor As A 'Going Concern' Includes Both Assets And Liabilities: NCLT Mumbai

The National Company Law Tribunal, Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Shri Chandra Bhan Singh (Technical Member), while adjudicating an interim application filed in Harsh Vinimay Pvt. Ltd. v Gajanan Industries Ltd., has held that when a Corporate Debtor is sold as a 'going concern', then such sale shall include both assets and liabilities and not...

Does Police's Failure To Communicate Full Criminal Antecedents Of Accused Amounts To Misconduct, Interference With Justice? MP High Court Seeks DGP's Reply

The Madhya Pradesh High Court, Gwalior Bench recently directed the Director General of Police, State of Madhya Pradesh to file an affidavit explaining as to whether non-communication of criminal antecedents of an Applicant/Accused to the Court is a minor misconduct or if it amounts to interference with the criminal justice dispensation system. The affidavit is to be filed before the...

Karnataka High Court Monthly Digest: June 2022 [Citations 180 - 239]

Nominal Index: G.H.Abdul Kadri v. Mohammed Iqbal, 2022 LiveLaw (Kar) 180 B.A.HARISH GOWDA v. RAVI KUMAR, 2022 LiveLaw (Kar) 181 SRIKANTAIAH v STATE BY ANTI CORRUPTION BUREAU and ANR, 2022 LiveLaw (Kar) 182 ITI Limited versus Alphion Corporation & Anr, 2022 LiveLaw (Kar) 183 DR. K.RAVINDRANATH SHETTY & others v STATE OF KARNATAKA & others, 2022 LiveLaw...

Extended Period Of Limitation Can Be Invoked Only When "Suppression Of Facts" Is Wilful To Evade Tax :CESTAT

The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that even when an assessee has suppressed facts, the extended period of limitation can be evoked only when "suppression" is shown to be wilful with intent to evade the payment of service tax. The two-member bench headed by Justice Dilip Gupta (President) and Raju (Technical Member) has...

Crude Bomb Brought As Evidence By Police Explodes In Patna Court, One Injured In Low-Intensity Blast

A crude bomb that was produced as evidence/exhibit, exploded inside Patna Local Court yesterday, report NDTV. According to the senior SP of Patna, a team of police officers had taken the explosives to be produced as exhibit before the chief judicial magistrate court.Now, as soon as it was put on the table, an explosion took place apparently due to the impact of heat in the room. In this...

Fee Paid For Client Referral Services Is A Normal Business Payment And Not FTS: ITAT Delhi

The Delhi Bench of ITAT has ruled that fees paid by the assesssee to a non-resident for providing services of introduction of clients would fall in the definition of payments made to an intermediary and the same cannot be said to be a technical service. The Bench, consisting of Anubhav Sharma (Judicial Member) and Shamim Yahya (Accountant Member), held that the remittances made by...