Orissa High Court Felicitates Lawyers With Over 50 Yrs Of Practice, Confers ‘Lawyers Of The Year Award’ On 18 Young District Court Lawyers

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 Lawyers’ Day is observed every year on 28th April by the legal fraternity of Odisha commemorating the birth anniversary of Utkala Gouraba Madhusudan Das.29 senior lawyers of the High Court Bar...

Assessee Was Given Only 13 Hours Time To Reply To The Show-Cause Notice: Madras High Court Quashes Assessment

The Madras High Court has quashed the assessment as the assessee was given only 13 hours to reply to the show-cause notice.The bench of Justice M. Dhandapani has directed the department to consider the matter afresh and, after providing an opportunity to the petitioner, pass appropriate orders within a period of four weeks.The petitioner/assessee was issued with a first show cause notice on...

Tax Cases Weekly Round-Up: 23 April To 29 April, 2023

Bombay High Court Goa Value Added Tax (12th Amendment) Act, 2020 Defies The Doctrine Of Separation Of Powers: Bombay High Court Case Title: Rohan Lobo Versus State Of Goa The Bombay High Court has held that the Goa Value Added Tax (12th Amendment) Act, 2020, is an impermissible judicial override defying the doctrine of separation of powers. Material Triggering Reassessment...

Arbitration Cases Weekly Round-Up: April 23 To April 29, 2023

Supreme Court: Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority Case Title: M/s. N.N. Global Mercantile Pvt Ltd vs M/s. Indo Unique Flame Ltd & Ors A Constitution Bench of the Supreme Court, on Tuesday, answered the reference, which pertains to the issue - whether the arbitration clause in a...

Weekly Digest Of IBC Cases: 24 To 30 April 2023

NCLAT Subsequently Modified OTS Proposal Would Further Refresh The Limitation Period: NCLAT Chennai Case Title: M/s. State Bank of India v M/s. Hackbridge Hewittic and Easun Limited Case No.: Company Appeal (AT) (CH) (Ins.) No. 05 of 2021 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri...

It Is Your Duty To Protect Courts, District Judiciary Is Like Mother: Calcutta High Court Acting Chief Justice T S Sivagnanam To Lawyers

The Acting Chief Justice (ACJ) T. S. Sivagnanam, while speaking at the stone laying ceremony of the new court complex in the Alipurduar district, said on Saturday that it is the duty of the members of the bar to protect courts, judges and litigants. A new court building for the new Alipurduar District Court complex is set to be built after the bifurcation of the judiciary...

Order Of Arbitral Tribunal Terminating Proceedings For Non-Payment Of Tribunal Fees Cannot Be Recalled: Telangana High Court

The Telangana High Court held that once the tribunal has passed an order terminating the arbitral proceedings under Section 32(2)(c) r/w Section 38 of the A&C Act for non-payment of tribunal fees, the tribunal cannot recall the order and continue the arbitral proceedings. The bench of Justices P. Naveen Rao and Nagesh Bheempaka held that once the arbitral proceedings are...

ITAT Directs AO To Charge 6.5% Gross Profit Rate On Bogus Purchases

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has directed the AO to charge a 6.5% gross profit rate on bogus purchases.The bench of Kuldip Singh (Judicial Member) and Gagan Goyal (Accountant Member) has observed that the entire addition has been made by the AO as well as CIT (A) on the basis of guesswork and estimation on the basis of some alleged information received from the...

NCLAT Chennai To Hear Urgent Matters Through VC During Vacations; Registry & E-Filing To Remain Functional

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, has issued a notice dated 28.04.2023, notifying the manner in which the Tribunal would function during the annual vacation commencing from 05.05.2023 to 31.05.2023. The Registry of NCLAT Chennai and the facility of E-filing of cases shall be operational during the said vacation period. Urgent matters to be...

Profile Of An Assessing Authority Can’t Be Stern And Unreasonable, Programmed Solely To Collect Tax: Kerala High Court

The Kerala High Court has held that the profile of an assessing authority can no longer be that of a stern and unreasonable automaton that is programmed solely to collect the tax."We have come across assessing authorities passing orders in a mechanical manner without showing how the taxable event is attracted in a given case or without giving reasons for denying the claim of an assessee...

IBC-Corporate Debtor Cannot Take Advantage Of Its Own Default And Set Up A Plea Of Absence Of Permission Of RBI; NCLT Delhi

The National Company Law Tribunal, New Delhi Bench, comprising Shri P.S.N Prasad (Judicial Member) and Shri Rahul Bhatnagar (Technical Member), while adjudicating an application under Section 7 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in Punjab National Bank (International) Limited vs M/s Superior Industries Limited has held that a Corporate Guarantee is not void only...

Gangster Act Case: BSP MP Afzal Ansari Convicted & Sentenced To 4 Years In Jail By UP Court; Set To Lose Loksabha Membership

BSP MP from Uttar Pradesh's Ghazipur, Afzal Ansari, brother of Ex-MLA Mukhtar Ansari, was today convicted and sentenced to 4 years in prison in a Gangster Act Case. The sentence was pronounced by Ghazipur MP/MLA Court moments after he was convicted in the case along with his brother Mukhtar Ansari.Now, by virtue of provisions contained in article 102 r/w section 8 (3)of the Representation...