Department Recovering Tax Without Any Authority Of Law Cannot Be Permitted To Retain The Amount: CESTAT

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that just as an assessee cannot be permitted to evade payment of rightful tax, the authority that recovers tax without any authority of law cannot be permitted to retain the amount merely because the taxpayer was not aware at that time.The bench of Binu Tamta (Judicial Member) has observed that the...

Remarks On Savarkar| Lucknow Court Directs Police Investigation Into Complaint Against Rahul Gandhi U/S 202 (1) CrPC

A Court in Uttar Pradesh's Lucknow district today directed an investigation [under Section 202 (1) CrPC] into the complaint filed against Congress leader Rahul Gandhi over his allegedly offensive remarks against Vinayak Damodar Savarkar made in Maharashtra during his Bharat Jodo Yatra.The Additional Chief Judicial Magistrate Ambrish Kumar Srivastava passed this order on an application moved...

Bombay High Court Upholds The Validity Of Goa Tax on Entry of Goods Act, 2000

The Bombay High Court has upheld the validity of the Goa Tax on Entry of Goods Act, 2000.The bench of Justice M. S. Sonak & Justice Valmiki Sa Menezes relied on the decision of the 9-judge bench of the Supreme Court in the case of Jindal Stainless Limited and another vs. State of Haryana and ors. which upheld the constitutional validity of entry taxes imposed by states on goods coming in...

New Claims Cannot Be Admitted When Resolution Plan Is Approved By The CoC And Is Pending Before The AA For Approval: NCLT Mumbai Reiterates

The National Company Law Tribunal, Mumbai Bench, comprising Shri H.V. Subba Rao (Judicial Member) and Shri Shyam Babu Gautum (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Bank of Maharashtra vs DS Kulkarni Developers Ltd. has reiterated that new claims cannot be admitted when the resolution plan...

Attempt To Convert Operational Debt Into Financial Debt; NCLT Chennai Rejects Section 7 Petition.

The National Company Law Tribunal, Chennai Bench, comprising Shri Sanjiv Jain (Judicial Member) and Shri Sameer Kakar (Technical Member), while adjudicating an application under Section 7 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Step Stones Infras Private Limited vs Yes and Yes Infracon (P) Ltd has held that transfer of the same work by a subsequent MOU would not...

Approval Of Resolution Does Not Absolve Guarantor; NCLT Mumbai Reiterates

The National Company Law Tribunal, Mumbai Bench, comprising Shri Kuldip Kumar Kareer (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating an application under Section 7 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Anchor Leasing Private Limited vs Sejal Realty and Infrastructure Limited has reiterated that the liability of the...

Delhi High Court Allows Appeal Of Poor Daily Wage Earners Against Seizure Of Goods Without Pre-Deposit

The Delhi High Court has allowed the appeals of poor daily wage earners against the seizure of goods without insisting on the requirement of pre-deposit.The bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that the statute may, at times, impose conditions as a requirement of filing an appeal. However, a condition that is unduly onerous will render the right to...

Sec. 126 Of ICA, 1872 Can’t Be Interpreted To Mean That Co-Borrower And Guarantor Can’t Be The Same Person: NCLT Mumbai

The National Company Law Tribunal, Mumbai Bench, comprising Shri Kuldip Kumar Kareer (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating an application under Section 7 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Pegasus Assets Reconstruction Private Limited vs M/s. Whiz Enterprise Private Limited has held that Section 126 of...

BSP’s Afzal Ansari Loses Lok Sabha Membership Following His Conviction In A Gangster Act Case

Bahujan Samaj Party's Afzal Ansari was today disqualified as a Member of Lok Sabha from the date of his conviction in a Gangster Act case. A notification in this regard was issued by the Lok Sabha Secretariat today. Ansari is an MP from Uttar Pradesh's Ghazipur district.The notification was issued two days after a special MLA/MP Court in the UP's Ghazipur district convicted and sentenced him to...

NCDRC: Concurrent Findings By The District/State Consumer Forums Based On Evidence Cannot Be Substituted In Revisional Jurisdiction

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member, Subhash Chandra, while adjudicating on a matter related to the alleged deficiency in service by a Housing Society company, held that its revisional powers were limited to only prima-facie jurisdictional errors. Further, the concurrent findings based on evidence, related to the matter...

Monthly Digest Of IBC Cases: April 2023

Supreme Court IBC | Section 9 Petition Not To Be Dismissed If Few Invoices Are Time Barred But Remaining Invoices Are Not; Supreme Court Case Title: M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd. Citation: 2023 LiveLaw (SC) 270 The Supreme Court Bench comprising of Justice M.R. Shah and Justice C.T. Ravikumar, has held that when a petition under Section...

Honesty May Not Pay Immediately In Legal Profession But In Long-Run It Always Pays: Senior Advocate Arvind Datar

As a part of the 75th year celebration of the High Court of Orissa, the Lawyers’ Day was observed in a special way on Friday in a function organized at Odisha Judicial Academy, Cuttack. The Day is celebrated by the legal fraternity of Odisha to commemorate the birth anniversary of Utkala Gouraba Madhusudan Das. Arvind P. Datar, Senior Advocate, Supreme Court of India, attended the event as...