News Updates
Assessee Became Victim Of Lacuna In SVLDR Scheme Software: Bombay High Court Quashes Rejection Of Declaration
The Bombay High Court has quashed and set aside the rejection of the Petitioner’s declaration for SVLDRS-1.The division bench of Justice Nitin Jamdar and Justice Abhay Ahuja has observed that the petitioner/assessee was a victim of the lacuna in the software governing the Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme, 2019 where the Petitioner could not have selected the option...
Lawyers’ Strike: Madhya Pradesh High Court Initiates Contempt Case Against State Bar Council, Warns Of Criminal Prosecution For Wrongful Restraint
The Madhya Pradesh High Court has initiated a contempt case against the Chairman of State Bar Council and its other elected members over continuing strike of lawyers in the state. The State Bar Council, instead of resolving the issue, chose a path of confrontation without justifiable cause, the court said.The Gwalior bench on Monday issued notice to the elected members, asking why it should...
Simple Lack Of Care, An Error In Judgment Or An Accident, Is Not Proof Of Negligence: NCDRC
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member Dr. S.M. Kantikar focused on the duty of the civil society to ensure that medical professionals are not unnecessarily harassed or humiliated. The complaint filed by the patient was dismissed on the ground that firstly, the doctors possessed necessary skills and secondly, reasonable care was taken...
Arbitrator Can’t Apply Principles Of Equity In Absence of Authorization of Parties: Bombay High Court
The Bombay High Court has reiterated that the doctrine of severability can apply to arbitral awards, so long as the objectionable part can be segregated. The Court added that if the award is partially set aside by applying the doctrine of severability, the same would not amount to modification or correction of the errors of the arbitrator. The bench of Justice Manish Pitale...
Recourse To Section 34(4) Of The A&C Act Can’t Be Opted For Consideration Of New Material Evidence: Delhi High Court
The High Court of Delhi has held that recourse to Section 34(4) of the A&C Act cannot be taken to permit the arbitral tribunal to consider the material evidence which it earlier failed to consider. The bench of Justice Prateek Jalan held that Section 34(4) of the A&C Act empowers the Court deciding an application under Section 34(1) of the Act to adjourn the challenge...
Plea Before Kerala High Court Seeks To Restrain Judge From Hearing Matters Having Son's Vakalat
A plea has been filed before the Kerala High Court by Advocate Yeshwanth Shenoy to not list matters before the bench of Justice Mary Joseph in which her son, Advocate Prerith Philip Joseph has vakalat.The plea states that the Registrar General of the High Court that has authority over all departments of the Court, including the Registry and the listing department, has failed to ensure that...
Sufficient Evidence To Show Involvement Of BJP MLA Madal Virupakshappa In Corruption Case : Karnataka High Court In Bail Plea
There is sufficient evidence to show the involvement of BJP MLA Madal Virupakshappa in the corruption case, observed the Karnataka High Court while dismissing his anticipatory bail application in connection with a bribe case.Virupakshappa was the Chairman of Karnataka Soaps and Detergents Ltd (KSDL) but resigned after his son V Prashanth Madal was allegedly caught red-handed by the...
Supply Of The Aircraft Type Rating Training Is Exigible To GST: AAR
The Karnataka Authority for Advance Ruling (AAR) has held that the supply of aircraft-type rating training is eligible for GST.The two-member bench of M.P. Ravi Prasad and Kiran T. Reddy has observed that the supply of aircraft type rating training services to commercial pilots, in accordance with the training curriculum approved by the Directorate General of Civil Aviation for obtaining...
Delhi High Court Restrains Institute Of Cost Accountants Of India From Using ‘ICAI’ Acronym
The Delhi High Court has restrained Institute Of Cost Accountants Of India from using “ICAI” acronym, a trademark which stands registered in favour of Institute of Chartered Accountants of India, for the institution or services provided by it.Justice C Hari Shankar also directed Institute Of Cost Accountants Of India to remove ICAI acronym from all existing web pages and other physical...
Supreme Court Adjourns Bail Plea Of TMC Spokesperson Saket Gokhale To April
The Supreme Court on Monday adjourned to April, the bail hearing of Trinamool Congress spokesperson Saket Gokhale in a case related to allegation of misappropriation of funds raised through a crowdfunding account. A division bench of Justices BR Gavai and Vikram Nath was informed by Solicitor-General Tushar Mehta that the State would be filing their response to Gokhale’s petition in...
Transaction Of Transfer/Sale Of One Of The Independent Running Business Divisions Attracts 18% GST: AAR
The Karnataka Authority for Advance Ruling (AAR) has held that the transfer or sale of one of the independently running business divisions attracts 18% GST.The two-member bench of M.P. Ravi Prasad and Kiran T. Reddy has observed that the transaction of transfer or sale of one of the independent running business divisions as a whole, along with all the assets and liabilities of the...
VAT Act, Madhya Pradesh High Court Directs Dept. To Refund Pre-Deposit With 6% Interest
The Madhya Pradesh High Court has directed the state/commercial tax department to refund the pre-deposit amount paid during the appeal with 6% interest to the assessee.The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Prakash Chandra Gupta has observed that even though there is no provision for payment of interest on the refund of amounts so collected under the VAT Act,...











