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NCLT Mumbai Clears Capital Reduction of Company Behind Tax Sutra
The National Company Law Tribunal (NCLT) at Mumbai has approved the reduction of share capital of Realtime Taxsutra Services Pvt Ltd from Rs 1.61 lakh to Rs 1.46 lakh, clearing the proposal of the company that operates an online platform providing real-time updates on tax disputes, judicial rulings and regulatory developments. The approval was granted by a bench comprising Judicial Member...
Customs | Alleged Export Through Non-Specified Routes Must Be Proved; Presumption Insufficient To Uphold Seizure: CESTAT Kolkata
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that seizure of goods cannot be sustained merely on the assumption that they were intended for export through non-specified routes. In the absence of any corroborative evidence establishing intent to export illegally, such presumption alone is insufficient to justify such...
UP REAT Orders Probe Into Planning Norm Violations By Greater Noida Authority In Godrej Golf Links Project
The Uttar Pradesh Real Estate Appellate Tribunal (UP REAT) has ordered a government probe into the role of the Greater Noida Industrial Development Authority in granting approvals for the Godrej Golf Links township in Greater Noida, holding that apparent violations of the planning scheme “call for inquiry/investigation as per law”.The tribunal directed the Principal Secretary, Housing...
BSF Rules | Court Of Inquiry Is Preliminary Fact Finding Exercise, Not Disciplinary Trial Which Can Cause Prejudice: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that such an inquiry is only a fact-finding mechanism intended to assist authorities in deciding the future course of action and does not amount to initiation of departmental proceedings.The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar underscored that the findings returned by the Court of Inquiry shall be in the...
Clause 8 Of Assam GST Reimbursement Scheme Prima Facie Ultra Vires: Gauhati High Court Stays SCN Against Patanjali Foods
The Gauhati High Court found that Clause 8 of the Assam Industries [Tax Reimbursement for Eligible Units] Scheme, 2017, which restricts input tax credit, runs contrary to the Constitutional framework and the provisions of the CGST Act. Consequently, the bench stayed the operation of the show-cause notices (SCN) issued to Patanjali Foods Limited. Justice Manish Choudhury was addressing...
Supreme Court Holds TANGEDCO Liable To Pay Fixed Charges To DisCom For Power Supplied Before Full Commissioning
In a relief for the power generators, the Supreme Court on Tuesday (December 16) held that the electricity supplied by them from the date of synchronization of their power generation to the grid is entitled to receive fixed charges, even if the entire project is not fully commissioned.Holding thus, a bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan affirmed the concurrent findings...
Reviewing Court Must Defer To Scientific Wisdom Of Authorities, Ensure Only Procedural Compliance In Environmental Matters: Kerala High Court
The Kerala High Court on Tuesday (16 December) observed that the role of the reviewing court must be limited to ensuring the procedural compliance by the statutory authority while considering environmental litigation which involves compliance by statutory authority.The court made the observation while upholding the environmental clearance granted to the proposed...
Investigating Extraterritorial Offences – Is A Sanction Necessary?
The nexus between crime and punishment has traditionally been spatial. The universally recognised territoriality principle grants every sovereign the exclusive right to investigate and punish offences committed within its borders, a rule crystallised in India under Chapter XIII of the CrPC, 1973 (now chapter XIV in BNSS, 2023).Globalisation however, has rendered territorial boundaries porous. Enhanced mobility, digital interconnectedness, and transnational networks have normalised a phenomenon...
State Bar Council Can't Control Or Regulate District Bar Association Elections: Allahabad High Court
The Allahabad High Court recently held that the State Bar Council lacks authority to "control or regulate" the elections of Bar Associations as they are governed by their own bye-laws.A bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta thus set aside a directive issued by the Bar Council of Uttar Pradesh (respondent no.3) placing a temporary embargo on holding elections for...