Judgements and Orders, Supreme Court and High courts of India

Anil Tayal Vs Committee of Creditors of M/S. Horizon Buildcon Pvt. Ltd. (NCLAT)

Guest 12 March 2021 at 12:47

23.02.2021: Resolution Professional of ‘M/s. Horizon Buildcon Pvt. Ltd.’(Corporate Debtor undergoing Corporate Insolvency Resolution Process (CIRP))is aggrieved of declining of his prayer in terms of the impugned order dated 3rdFebruary, 2021 for exc

Posted in LAW | 125 Views

Time period for claiming refund of excess Service Tax paid under TRAN-1, to be counted from date of it's reversal

Bimal Jain 11 March 2021 at 17:42

The Hon'ble CESTAT Ahmedabad, in Pujan Builders Engineers & Contractors v. CCE and ST Vadodara-II [Service Tax Appeal No. 10516 of 2020, decided on February 11, 2021] set aside the order passed by the Commissioner (Appeals) rejecting the refund claim

Posted in Service Tax | 170 Views

The settlement which is recorded in terms of the decree by way of impugned order is between the parties to the consent terms, says SC

Guest 10 March 2021 at 14:37

The present Civil Appeal has been filed assailing the Judgment and Order dated 22.07.2014 passed by the Bombay High Court in Appeal No. 558 / 2007 dismissed the appeal filed by the appellants against the Consent Order dated 16.02.2005 in Suit No. 133

Posted in LAW | 136 Views

Are plaintiffs entitled for a declaration for the cancellation of the sale deed u/s 31 of the Foreign Exchange Regulation Act, 1973?

Guest 10 March 2021 at 14:37

The central issue in this appeal is in reference to Section 31of the Foreign Exchange Regulation Act, 19731. To wit,transaction (specified in Section 31 of the 1973 Act) entered into incontravention of that provision is void or is only voidable and

Posted in LAW | 175 Views

A secured creditor is outside the winding up process of a company, unless he files a suit for the realisation of his security

Guest 10 March 2021 at 14:37

This appeal arises out of the judgment dated 07.02.2020, as corrected by order dated 21.09.2020, by the National Company Law Appellate Tribunal [“NCLAT”]. The Appellant is an operational creditor of Respondent No.2 herein – M/s. Shree Ram Urban Infra

Posted in LAW | 127 Views

Are residential accommodations for nuns and students, liable for exemption u/s 3(1)(b) of the Kerala Building Tax Act, 1975?

Guest 10 March 2021 at 14:37

All these appeals pertain to an exemption provision containedin the Kerala Building Tax Act, 1975. Under Section 3(1)(b) buildingsthat are used principally for religious, charitable or educational purposes or as factories or workshops are exempted fr

Posted in LAW | 266 Views

Whether the institution or continuation of a proceeding u/s 138/141 of the Negotiable Instruments Act can be said to be covered u/s 14 of the IBC?

Guest 10 March 2021 at 14:37

Steel products were supplied by the respondent to one M/s.Diamond Engineering Pvt. Ltd. [“the company”] from 21.09.2015 to11.11.2016, as a result of which INR 24,20,91,054/- was due and payableby the company. As many as 51 cheques were issued by the

Posted in LAW | 107 Views

Can a petitioner who has paid IGST, claim a refund on the ground of zero-rated supply?

Guest 10 March 2021 at 14:37

The petitioner has sought for issuance of writ of certiorari to quash the refund rejection orders. Noticing that W.P.No.13633/2020 relates to rejection of refund order as regards October, 2018;

Posted in LAW | 105 Views

GST implementation being a "change in law" qualify as a force majeure event

Guest 10 March 2021 at 11:55

The Hon'ble Delhi High Court in National Highways Authority of India v. Sahakar Global Ltd. [O.M.P. (COMM) No. 486 of 2020 decided on September 29, 2020], dismissed the petition and refused tointerfere with the arbitral award passed by the Arbitrator

Posted in GST | 133 Views