Supreme Court Stays Madras High Court’s Order Directing Payment of Tax On Manufacture Of Water Borehole Drilling Rigs

The Supreme Court has stayed the order passed by the Madras High Court directing the payment of a minimum 4% tax on the manufacturing of the water borehole drilling rigs.The division bench of Justice Krishna Murari and Justice C.T. Ravi Kumar has observed that tax at the rate of 4% has already been deposited by the petitioner. The direction in the order to pay another 4% shall remain in...

Extension Of Limitation To Issue Order Under S. 73 Of CGST Act Would Also Extend Time Limit To Issue SCN: Kerala High Court

The Kerala High Court has ruled that when the time limit for issuing an order under Section 73(10) of the CGST Act stands extended by a notification, the time limit for issuance of show cause notice under Section 73(2) would also stand extended. The bench of Justice Gopinath P. was dealing with a writ petition challenging an order passed under Section 73 of the CGST/SGST Act on the...

NCLAT Rejects Reliance Capital’s Creditor Plea To Vacate Status Quo Order

National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Ashok Bhushan and Mr. Barun Mitra disposed off the appeal filed by the Reliance Capital Creditor namely Vistra ITCL against the NCLT Mumbai order dated 23.01.2023. Torrent Investment which emerged as the successful bidder for Reliance Capital with a bid of Rs. 8640 Crores filed an application before NCLT...

Three Supreme Court Judges Visit Sanganer Open Prison In Jaipur, Emphasise Need To Have More Such Prisons Across The Country

Three Supreme Court Judges Visit Sanganer Open Prison In Jaipur, Emphasise Need To Have More Such Prisons Across The Country Justices Sanjay Kishan Kaul, Aniruddha Bose and S.Ravindra Bhat of the Supreme Court visited the Sanganer Open Prison in Jaipur on Saturday, and interacted with the inmates and their families, by spending about three hours with them. They also visited...

Merely Making Unsustainable Claim Will Not Amount To Furnishing Of Inaccurate Particulars Of Income: ITAT

The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that the mere making of a claim, which is not sustainable by the law itself, will not amount to furnishing inaccurate particulars of income.The bench of S.S. Vishwanethra (Judicial Member) has observed that the appellant cannot be held guilty of furnishing inaccurate particulars of income, and, therefore, the Assessing...

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court

The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause, is forfeited because it failed to exercise its right within the statutory period after receiving the notice invoking arbitration, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal, after considering the nature of...

Delhi High Court Weekly Round-Up: January 23 To January 29, 2023

Citations 2023 LiveLaw (Del) 74 to 2023 LiveLaw (Del) 95NOMINAL INDEXRaghav Bahl v. ED 2023 LiveLaw (Del) 74N v. Principal Secretary Health and Family Department GNCTD & Ors. 2023 LiveLaw (Del) 75ISHA v. STATE (NCT OF DELHI) & ORS. 2023 LiveLaw (Del) 76RS v. STATE OF NCT DELHI AND ANR. 2023 LiveLaw (Del) 77Ram Prakash Chauhan Versus Commissioner of Delhi (GST) 2023 LiveLaw (Del)...

Arbitration Cases Weekly Round-Up: 22 To 28 January, 2023

Bombay High Court: Award Debtor Failed To Take Recourse To S. 26 of Arbitration Act; Cannot Challenge Award Claiming Expert Was Not Examined: Bombay High Court Case Title: Zenobia Poonawala versus Rustom Ginwalla & Ors. The Bombay High Court has ruled that if an award debtor has failed to take recourse to the provisions of Section 26 of the Arbitration and Conciliation Act,...

'Saw No Change In Husband's Behaviour After Settlement Efforts, Can't Be Blamed': Bombay High Court Upholds Grant Of Maintenance To Divorced Woman

The Bombay High Court has upheld the grant of maintenance to a woman, whose husband's petition for divorce was allowed by the family court on the ground of desertion and cruelty.Dealing with the argument that prior to the decree of divorce she had refused to live with the husband without a sufficient reason and thus cannot be held to be entitled to maintenance, the court said when she had...

Claim That Investment In Shares Was A Capital Account Transaction, Non-Application Of Mind By AO: Delhi High Court Quashes Reassessment Notice

The Delhi High Court has quashed the reassessment notice as the AO failed to apply his mind as to whether an investment in shares was a capital account transaction.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that the principal allegation against the assessee is that it purchased shares of an Indian company and that this led to the escapement of...

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A(3) of the Scheduled Castes...

Writ Court Can’t Classify Products Under Customs Tariff Act, Technical Analysis Is Required: Calcutta High Court

The Calcutta High Court has held that a writ court cannot answer the classification of products under the Customs Tariff Act as it requires technical analysis.The single bench of Justice Md. Nizamuddin has observed that a writ court in the exercise of its constitutional writ jurisdiction under Article 226 of the Constitution of India should not act as an expert to scrutinize the composition...