first.....Tags : Income tax, simplification, recommendations
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Reserve Bank of India imposes penalty on United Overseas Bank Limited(03.10.2019)
The Reserve Bank of India (RBI) has, by an order dated October 01, 2019, imposed a monetary penalty of ` One crore on United Overseas Bank Limited (th.....
Tags : Non-compliance, Provision, Penalty, Imposition
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Central Government hereby declare that the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 shall not apply to Kotak Mahindra Bank Limited(01.10.2019)
In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949, the Central Government, on the recommendatio.....
Tags : Provisions, Non applicability, Kotak Mahindra Bank
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Multiplier should depend on the age of the deceased and not on the age of the dependants(09.02.2018)
In a motor accident which occurred on 22nd September, 2009, Ajit Singh, who was at the relevant time 23 years of age died. His parents, who were in th.....
Tags : Compensation, Determination, Multiplier
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CBDT consolidates Circulars for ease of compliance of Start-Ups(02.09.2019)
In order to provide hassle-free tax environment to the Start-ups, a series of announcements have been made by Union Finance & Corporate Affairs Minist.....
Tags : Consolidation, Circular, Compliance, Start-Ups
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Juristic person’ has no right to seek information under RTI(13.06.2016)
Companies seeking information under the Right to Information Act, 2005 cannot raise an RTI request under their own name, the Central Information Commi.....
Tags : rti, corporation, citizen, application, legal entity
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In the case of any taxing statute, the same is required to be interpreted literally(20.06.2018)
In facts of present case, the Appellant is engaged in the manufacture of sponge iron, billets, rolled items and other goods falling under Chapters 72,.....
Tags : Demand, Rule, Applicability
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One-time permission for resubmission of applications for claiming assistance under 'Transport and Marketing Assistance for Specified Agriculture Products Scheme(04.02.2020)
1. With reference to the subject mentioned above, attention is invited to sub-paras (e) and (f) of para 7(A). 01 of "Handbook of Procedures" notified .....
Tags : Permission, Re-submission, Applications
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Departmental inquiry can continue despite acquittal of delinquent in a criminal case(18.08.2018)
The present writ petition has been filed for quashing the order issued by the District & Sessions Judge, whereby and whereunder, the Petitioner has be.....
Tags : Disciplinary proceedings, Inquiry, Legality
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New application process to fast track the allotment of PAN and TAN(22.07.2016)
For fast tracking the allotment of PAN and TAN to company applicants, Digital Signature Certificate(DSC) based application procedure has been introduc.....
Tags : Fast track, Allotment, PAN, TAN, Application process
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Cabinet approves Exemption from applicability of DPE Guidelines to India Ports Global Limited(26.02.2020)
The Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has approved the exemption of the India Ports Global Ltd. (IPGL) from the DPE Gui.....
Tags : Exemption, Applicability, DPE Guidelines
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Telangana and AP High Court upholds amendments to mining law(11.09.2015)
The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....
Tags : Mining, application, eligibility, constitutionality
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Evidence of Food Inspector need not necessarily corroborate from independent witnesses(05.10.2018)
The revisionist-accused has preferred present revision under Sections 397 and 401 of Code of Criminal Procedure, 1973 (CrPC) against the judgment pass.....
Tags : Conviction, Provision, Compliance
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PMLA has an over-riding effect and provisions of Cr. PC would apply only if they are not inconsistent with provisions of PMLA(10.04.2017)
Petitioner has preferred present bail application seeking regular bail under Section 439 of Code of Criminal Procedure,1973 (Cr. PC) read with Section.....
Tags : Application, Bail, Grant
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Pure question of law can be urged at any point of time before any forum provided it does not require any further adjudication of any disputed fact(18.05.2018)
The Petitioners have primarily challenged the Notification, dated January 8, 2011, issued by the Ministry of Labour and Employment applying the Employ.....
Tags : Publication, Notification, Applicability
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Right of private defence does not extend to inflict more harm than it is necessary in exercise of right of private defence(01.04.2019)
The challenge in the present appeals is to a judgment maintaining conviction of the Appellant for an offence under Section 302 of Indian Penal Code, 1.....
Tags : Conviction, Private defence, Applicability
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Cannot interfere in free choice of buyer: CCI(28.06.2016)
The Competition Commission of India dismissed a complaint against a defence procuring department for ‘bid-rigging’, stating that the Commission “does .....
Tags : defence, procurement, furniture, supplier, bid-rigging
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In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)
The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....
Tags : DV Act, Application, Maintainability
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Power to transfer a case must be exercised with due care, caution and circumspection(12.05.2017)
Applicant-wife, by way of instant transfer application under Section 24 of Code of Civil Procedure, 1908 (CPC), seeks transfer of a petition under Sec.....
Tags : Application, Transfer, Grant
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Refund claim cannot be converted into rebate claim without following prescribed procedure(15.05.2017)
In facts of present case, Appellants are engaged in manufacture of excisable goods falling under Chapter Heading 7308 90 90 of Central Excise Tariff A.....
Tags : Refund, Entitlement, Procedure, Compliance
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Departmental proceedings shall be deemed to be instituted on date on which statement of charges is issued to Government servant or pensioner(03.05.2019)
The Petitioner assails the order passed by the Central Administrative Tribunal. The Petitioner had assailed the initiation of departmental proceedings.....
Tags : Departmental proceedings, Time limit, Applicability
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Affidavit For Admission/Denial Of Documents In Commercial Suits Must Filed Within 45 Days(31.10.2019)
Present appeal filed by the plaintiff challenging the order of the learned Joint Registrar in CS (COMM) 1261/2018, whereby the learned Joint Registrar.....
Tags : Replication, Filing, Right
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Split of position of Chairperson and Managing Directors in listed companies(24.07.2018)
The Securities and Exchange Board of India (SEBI), based on the recommendations of Kotak Committee on Corporate Governance, has amended the SEBI (List.....
Tags : Split, Position, Chairperson, Managing Directors
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Reserve Bank of India imposes monetary penalty on Saraswat Co-operative Bank Ltd.(28.05.2020)
The Reserve Bank of India (RBI) has imposed, by an order dated February 20, 2020, a monetary penalty of Rs.30 lakh (Rupees Thirty lakh only) on Sarasw.....
Tags : Penalty, Imposition, Non-compliance
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Bicycles-Retro Reflective Devices (Quality Control) Order, 2020(09.07.2020)
In exercise of the powers conferred by sub-sections (1) and (2) of section 16 read with section 17 of the Bureau of Indian Standards Act, 2016 (11 of .....
Tags : Quality Control, Articles, Applicability
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Application to initiate insolvency proceedings is maintainable only when Applicant is a financial creditor under Insolvency and Bankruptcy Code (IBC).(23.10.2019)
The Appellant filed the present appeal aggrieved by the order of the Adjudicating Authority National Company Law Tribunal, whereby the Adjudicating Au.....
Tags : Nature of claim, Application, Maintainability
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Fresh environmental clearance necessary for expansion beyond limits approved by Prior EC(03.12.2019)
The present Civil Appeal arises from an order of the Principal Bench of the National Green Tribunal. In its order, the NGT held that, the increase in .....
Tags : Environmental impact, Regulatory procedure, Compliance
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Special drive for disposal of applications for fixation of Brand Rate of Duty Drawback(28.05.2020)
1. To mitigate the hardship caused by the Covid-19 pandemic to the trade and industry and other stakeholders, Board vide Instruction No. 03/2020-Custo.....
Tags : Special drive, Disposal, Applications
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Relaxation in compliance with requirements pertaining to AIFs and VCFs(04.06.2020)
1. In light of market events due to CoVID-19 pandemic, SEBI, vide Circular No. SEBI/HO/IMD/DF1/CIR/P/2020/58, dated March 30, 2020, extended the due d.....
Tags : Relaxation, Compliance, AIFs and VCFs
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Facility to view status of/deficiency in claim applications and making good those deficiencies(02.06.2020)
The Justice (Retd.) R.M. Lodha Committee (the "Committee") vide Press Release dated January 15, 2020 requested investors/applicants with claims upto R.....
Tags : Status, Deficiency, Claim applications
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Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)
The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....
Tags : Jurisdiction, Application, Maintainability
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Adjudicating Authority under IBC is not a 'Court of Law' and it does not decide money claim or 'Suit'(18.11.2019)
The Appellant/'Financial Creditor' had projected the Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B' Code,) read with Rul.....
Tags : Dispute, Adjudication, Application, Maintainability
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Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)
Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....
Tags : Dispute, Existence, Application, Maintainability
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Relaxation from compliance with provisions of SEBI’s ILDS Regulation, NCRPS Regulations and Circulars related to Listing of Commercial Papers(15.07.2020)
1. ILDS Regulations, NCRPS Regulations and circulars related to Listing of Commercial Papers (CPs) require an Issuer to inter-alia submit its latest a.....
Tags : Relaxation, Compliance, SEBI provisions
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Punishment which is grossly in excess to allegations remains open for interference under scope of judicial review(21.10.2019)
In present case, departmental proceedings initiated against Appellant for which he was served a memorandum under Rule 14 of Central Civil Services (cl.....
Tags : Disciplinary proceedings, Removal, Legality
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A Magistrate who passes an order on settlement under Section 125 of CrPC has power to recall or set aside the Order, if terms of the same are violated(19.02.2020)
Present appeal has been filed against the judgment of the High Court filed by the Appellant for setting aside the order passed by the Additional Princ.....
Tags : Maintenance application, Revival, Validity
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In absence of complete cause of action for declaring election of returned candidate to be void, election petition is to be summarily dismissed without trial(11.02.2020)
Present election petition filed under Section 80 read with Section 100(1) of the Representation of the People Act, 1951 challenges the election of the.....
Tags : Non-compliance, Provisions, Cause of action, Absence
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Procedural requirements for Leave Travel Concession simplified(11.01.2016)
Department of Personnel and Training has simplified the application and settlement of the Leave Travel Concession claims by government employees. A ti.....
Tags : Leave travel concession, procedure, simplified
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Applicability of the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 to Kotak Mahindra Bank Limited(23.09.2020)
Whereas, sub-clause (i) of clause (c) of sub-section (1) of section 10 of the Banking Regulation Act, 1949 (10 of 1949) (hereinafter referred to as th.....
Tags : Applicability, Provisions, Kotak Mahindra Bank Limited
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TDS provisions under Section 194H of IT Act is not applicable on sale of recharge vouchers and pre-paid vouchers to sole distributors(18.05.2020)
Present cross appeals filed by the Revenue as well as the assessee are directed against the common order of the learned Commissioner of Income Tax (Ap.....
Tags : Levy, TDS provisions, Applicability
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An unregistered agreement cannot be a ground for invoking provisions of Section 40A(2)(b) of the IT Act in absence of requirement of law(23.07.2020)
The Assessee Company was engaged in business of manufacturing and trading of ignition coils for motor vehicle engines. For the year under consideratio.....
Tags : Additions, Provision, Applicability
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Motor Vehicles not complying with the requirement of possessing or displaying a valid PUC Certificate cannot be debarred from being supplied fuel(28.08.2020)
Present appeals filed by the State of Madhya Pradesh, are against an order passed by the National Green Tribunal, allowing Original Application filed .....
Tags : PUC Certificate, Compliance, Penalty
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Extension of time limit for furnishing the details of outward supplies in FORM GSTR-1 of the Central Goods and Services Tax Rules, 2017(09.10.2019)
In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the Central Goods and Services Tax.....
Tags : Extension, Time limit, Details, Outward supplies
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Extension of the time-limit for furnishing the details of outward supplies in FORM GSTR-1 of the Central Goods and Services Tax Rules, 2017(15.10.2020)
1. exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with, section 168 of the Central Goods and Services Ta.....
Tags : Extension, Time-limit, Outward supplies
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Facility to view status of/deficiency in claim applications and making good those deficiencies(15.01.2020)
1. The Justice (Retd.) R.M. Lodha Committee (the "Committee") had initiated the process of refunds for investors of PACL having claim amount upto Rs. .....
Tags : Status, Claim applications, Deficiencies
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Credit Rating-Applicable for Infrastructure Investments(05.01.2021)
In exercise of powers under Regulation 14(2) of the IRDAI (Investments) Regulations, 2016 the Authority directs Insurers to classify Infrastructure in.....
Tags : Credit Rating, Applicability, Infrastructure Investments
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Recovery of confirmed demands during pendency of stay application(04.07.2016)
The Ministry of Finance brought changes to its 2013 notification on the recovery of confirmed demands while assessee’s stay application remains pendin.....
Tags : excise, confirmed demand, stay application
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Government seeks explanation from Facebook over reports of data sharing without explicit consent(07.06.2018)
Recently there are media reports claiming that Facebook has agreements which are allowing phone and other device manufacturers' access to its users' p.....
Tags : Reports, Data sharing, explicit consent
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Union Cabinet approves Production Linked Incentive (PLI) Scheme for White Goods (Air Conditioners and LED Lights)(07.04.2021)
Taking another important step towards the vision of 'Atmanirbhar Bharat', the Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi, approv.....
Tags : PLI Scheme, White Goods, Approval
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Communication of Show-Cause Notice must be on Revenue’s website and not via email(19.11.2020)
Instant petition invoking writ and supervisory jurisdiction of present Court under Articles 226 and 227 of Constitution of India, 1950 is filed prayin.....
Tags : SCN, Procedure, Compliance
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Withdrawal of Immunity granted to a person from prosecution, penalty and fine(21.09.2016)
As per sub-section 2 of Section 32K of the Central Excise Act, 1944 also made applicable to Service Tax matters by virtue of Section 83 of the Finance.....
Tags : Non-Compliance, Immunity, Prosecution
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Online filing of AEO T2 and AEO T3 applications: Launch of version 2.0 of web-application for filing, real-time monitoring, and digital certification(01.07.2021)
1. The AEO application processing for AEO T1 on the web-based portal www.aeoindia.gov.in has been functional since December 2018. To take this endeavo.....
Tags : Online filing, Web-application, Digital certification
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Regulation of private practice by govt. doctors is subject matter of separate Rules, circular issued under J&K Govt. Employees (Conduct) Rules 1971 not applicable to govt. doctors(21.10.2016)
A Writ Petition was instituted in public interest before High Court of Jammu and Kashmir by Respondents seeking to challenge a Circular dated 11 Augus.....
Tags : Circular, Applicability, Government doctors
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Judge must discharge Accused, if on examination of record, there is no sufficient ground for proceeding against him(04.10.2017)
Present petition challenges impugned judgment passed by Additional Sessions Judge, thereby dismissing the same filed by the Petitioner against the ord.....
Tags : Application, Discharge, Grant
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Belated challenge cannot be entertained by present Court with regard to applicability of Notification(07.10.2020)
The Petitioners in the present case are studying in their fifth semester of the LLB course, in the Faculty of Law, University of Delhi ('DU'). They ha.....
Tags : Supplementary examinations, Notification, Applicability
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Clarification regarding applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)(17.06.2021)
1. Certain representations have been received requesting for a clarification regarding applicability of GST on annuities paid for construction of road.....
Tags : Clarification, Applicability, GST
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Clarification regarding rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis(17.06.2021)
1. Reference has been received by the Board for a clarification whether services supplied to a Government Entity by way of construction such as of "a .....
Tags : Clarification, Applicability, GST
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Proceedings initiated under SARFAESI Act by the secured creditors cannot be nullified merely on basis of technical defects and procedural lapses unless substantial prejudice was caused to the defaulte(27.10.2020)
The instant appeal is directed against the impugned judgment passed by the Division Bench of the High Court wherein the High Court while reversing the.....
Tags : Procedure, Initiation, Compliance
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Certificate under Section 65B of Indian Evidence Act is necessary, when reliance is being placed upon electronic record(14.01.2021)
The instant petition has been filed for grant of regular bail to the Petitioner in case bearing Crime under Sections 8, 21, 22, 29 of the Narcotic Dru.....
Tags : Bail, Compliance, Provisions
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Relaxation in compliance with requirements pertaining to AIFs and VCFs(31.05.2021)
1. SEBI in receipt of representation from AIF Industry, requesting extension of timelines for various regulatory filings and compliances for AIFs and .....
Tags : Relaxation, Compliance, AIFs, VCFs
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Cabinet approves extension of applicability of New Investment Policy (NIP)-2012 read with its amendment to the Ramagundam Fertilizers and Chemicals Limited(09.06.2021)
The Cabinet Committee on Economic Affairs chaired by Prime Minister Shri Narendra Modi, has given its approval for the proposal of the Department of F.....
Tags : Extension, Applicability, NIP-2012
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Provisions of EPF Act are applicable to a private security agency engaged in expert service of providing personnel to its client(02.12.2020)
The Appellant is engaged in the business of providing private security guards to its clients on payment basis. The Appellant is registered under the P.....
Tags : Private agency, Provisions, Applicability
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A demand notice delivered by an Advocate duly instructed by the Operational Creditor is a valid demand notice for purposes of initiation of CIRP(08.01.2021)
In present case, Application filed by the Appellant- Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") cam.....
Tags : Application, Maintainability, Demand notice
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If the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order, no detailed reasons are required to be recorded in the order imposing punishment(08.02.2021)
Issue in present case is relating to confirmation of the order of compulsory retirement in disciplinary proceedings initiated against the Appellant. L.....
Tags : Disciplinary proceedings, Punishment, Legality
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An independent building can have a number of residential units and it will not lose the character of one residential house(24.02.2021)
The appeal filed by the assessee is directed against the order passed by Learned Commissioner of Income Tax [CIT(A)], Bengaluru and it relates to the .....
Tags : Deduction, Provision, Applicability
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Provisions of Limitation Act would apply mutatis mutandis to proceedings under IBC in NCLT/NCLAT(05.04.2021)
Present Appeal has been filed by the Appellant-Mr. Thomas George who is director of the suspended Board of the Corporate Debtor Mathstraman Manufactur.....
Tags : Limitation Act, Provisions, Applicability
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Provisions of compassionate appointment are applicable upon employees of the District Rural Development Agency(05.05.2021)
The writ Petitioner had challenged an order whereby claim for grant of compassionate appointment under the U.P. Recruitment of Dependents of Governmen.....
Tags : Compassionate Appointment, Rules, Applicability
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Application filed by Financial Creditor has to be admitted on satisfaction that, default has occurred and application is complete, and no disciplinary proceeding against proposed IRP is pending(03.05.2021)
The present application is filed under Section 7 of The Insolvency and Bankruptcy Code, 2016, read with Rule 4 of the Insolvency and Bankruptcy (Appli.....
Tags : Default, Application, Admission
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Private vehicle would not come within the expression “public place” as explained in Section 43 of the NDPS Act(16.04.2021)
Present appeal challenges the judgment and final order passed by the High Court dismissing appeal preferred by the Appellants and affirming their conv.....
Tags : Conviction, Compliance, Provision
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Non-applicability of the provisions of section 31 read with clause (t) of section 56 of Banking Regulation Act, 1949 to primary co-operative banks till 31st December, 2020(29.09.2020)
In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949 (10 of 1949), the Central Government, on the .....
Tags : Non-applicability, Provisions, Co-operative banks
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Foreign Trade Policy 2015-2020-Introduction of online deemed exports application module(28.07.2021)
1. The members of trade are hereby informed that this Directorate is introducing an online Deemed Exports Module on the DGFT website as a part of IT R.....
Tags : Introduction, Exports application, Online
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Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)
Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....
Tags : Application, Maintainability, New ground
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It is mandatory to provide an opportunity to applicant for rectifying defects of application in terms of Section 9(5)(ii)(a) of IBC(19.04.2021)
Present appeal emanates from the Order passed by the Adjudicating Authority in Company Petition, whereby the Application filed by Appellant under Sect.....
Tags : Proper Authorisation, Application, Maintainability
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RBI imposes monetary penalty on Hewlett-Packard Financial Services (India) Private Ltd(03.08.2021)
The Reserve Bank of India (RBI) has, by an order dated August 03, 2021, imposed a monetary penalty of Rs. 6 lakh (Rupees Six Lakh only) on Hewlett-Pac.....
Tags : Penalty, Imposition, Non-compliance
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No retrospective relief for Hindu women in succession(16.10.2015)
In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Cour.....
Tags : Hindu succession, retrospective, application
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Bombay High Court lends a helping hand to ‘Sumeet’(28.10.2015)
The Bombay High Court held that the Defendant’s use of the mark ‘Sumeet’ was in infringement of the trade mark registered by the Plaintiff. Defendant’.....
Tags : Sumeet, trademark, appliances, fabrication, assignment
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When the decree holder has a pre-existing right in the property, a decree does not require registration(06.07.2021)
The Appellant filed a suit for possession in the year 1978 disputing the Will dated 4th December, 1958 executed in favour of the defendant. The Appell.....
Tags : Registration, Provision, Applicability
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GSTR-9 and GSTR-9C more simplified and last dates of submission extended(14.11.2019)
The Government has decided today to extend the due dates of filing of Form GSTR-9 (Annual Return) and Form GSTR-9C (Reconciliation Statement) for Fina.....
Tags : GSTR-9, GSTR-9C, Simplification
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Reducing compliance burden regarding registration of Authorised Couriers(27.10.2021)
1.As part of reducing the compliance burden on stakeholders, the Central Board of Indirect Taxes and Customs has taken measures to simplify the regist.....
Tags : Compliance burden, Registration, Authorised Couriers
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Relaxation in applicability of provision in para 6 (b) of General Notes Regarding Import Policy Schedule-I (Imports) of the ITC(HS) 2017, Schedule I (Import Policy)(27.10.2021)
1. Reference is invited to DGFT's Notification No. 20/2015-2020, dated 24.08.2021, amended further by Notification No. 23/2015-2020, dated 03.09.2021,.....
Tags : Relaxation, Applicability, Provision
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Disclosure of compliance under Sexual Harassment of Women at Workplace Act in Annual Reports of Private companies now made Mandatory(13.08.2018)
For ensuring safety of women at workplaces in the private sector, disclosure regarding implementation of the Sexual Harassment of Women at Workplace (.....
Tags : Sexual Harassment, Enactment, Compliance
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Payment made by hospital to consultant doctors requires deduction of tax at source under Section 194J of IT Act(12.07.2021)
The revenue is aggrieved by findings of Learned Commissioner of Income Tax (Appeal) [CIT(A)] that, the payment made by assessee hospital to certain co.....
Tags : Tax deduction, Applicability, Provision
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Limitation Act is applicable to arbitration proceedings initiated under Section 18(3) MSMED Act(29.06.2021)
Appeals are against impugned judgment by which the High Court, while referring to various provisions of the Arbitration and Conciliation Act, 1996 (19.....
Tags : Limitation Act, Provisions, Applicability
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Protection under Section 197 of the CrPC is not be available to public servant prosecuted under Section 48 of Water Act(13.07.2021)
Present appeal challenges the order passed by the High Court. Sandur Gram Panchayat, Sandur, Karnataka and the Appellant, who at the relevant time was.....
Tags : Public servants, Applicability, Provision
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Writ petition is maintainable if Assessment Order passed without complying with the procedure laid down in the Scheme and in violation of principles of natural justice(14.07.2021)
Present petition has been filed by the Petitioner challenging the Assessment Order passed under Section 143(3) read with Sections 143(3A) and 143(3B) .....
Tags : Assessment, Procedure, Compliance
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In a case of revocable Trust, the provisions of Section 61 to 63 of IT Act were applicable and the assessee could not be assessed as AOP(15.09.2021)
Assessee is a Trust created by Asset Reconstruction Company India Ltd. (ARCIL) for the purpose of liquidating/recovering/realizing the non-performing .....
Tags : Revocable Trust, applicability of provisions
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Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)
Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....
Tags : Eviction, Application, Maintainability
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Unless specified by statute itself, procedural law operates retrospectively(18.08.2021)
Present Miscellaneous Application(MA) is filed by assessee seeking rectification of mistake , which as per assessee is apparent from record and has cr.....
Tags : Miscellaneous Application, Time period, Maintainability
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Government amended IEPFA Rules, 2016, to simplify refund of claims(09.12.2019)
The Investor Education & Protection Fund (Accounting, Audit, Transfer and Refund) Rules 2016 have been amended vide GSR No.571 (E) dated 14.8.2019 to .....
Tags : IEPFA Rules, Amendment, Refund claims, Simplification
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Non-compliance with certain provisions of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018(23.11.2021)
1. SEBI issued a Circular bearing reference number SEBI/HO/CFD/DIL2/CIR/P/2019/94 dated August 19, 2019, specifying the fines to be imposed by the Sto.....
Tags : Non-compliance, Certain provisions, SEBI
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In a contempt proceeding before a contemnor is held guilty and punished, Court has to record a finding, that disobedience was wilful and intentional(19.01.2021)
The present contempt petition arises out of an unfortunate family dispute between a father on one hand and his two sons from his first wife on the oth.....
Tags : Court Order, Disobedience, Non-compliance
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Section 5 of Limitation Act shall not be applicable to the appeal against the order of Recovery Officer(24.11.2021)
The original respondent has preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has .....
Tags : Applicability, Provision, Delay, Condonation
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RBI imposes monetary penalty on Union Bank of India(29.11.2021)
The Reserve Bank of India (RBI) has, by an order dated November 25, 2021, imposed a monetary penalty of Rs. 1 Crore (Rupees One Crore only) on Union B.....
Tags : Non-compliance, Monetary penalty, Imposition
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If acknowledgement is made before expiry of period of limitation, then a fresh period of limitation shall be computed from time, when acknowledgement was signed(14.02.2020)
Present two Appeals emanates from the common order passed by the Adjudicating Authority/National Company Law Tribunal, whereby the Application filed b.....
Tags : Application, Maintainability, Time Extension
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Provisions of unjust-enrichment of Rule 9B(5) of Central Excise Rules, 1944 cannot be applied retrospectively(17.01.2022)
The issue involved in the present case is that, whether the unjust-enrichment is applicable in the facts of this case where the duty was paid provisio.....
Tags : Provisions, Unjust-enrichment, Applicability
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Insolvency professional to ensure compliance with provisions of the applicable laws(03.01.2018)
1. A corporate person undergoing insolvency resolution process, fast track insolvency resolution process, liquidation process or voluntary liquidation.....
Tags : Insolvency, Compliance, Applicable laws
read»
Reserve Bank of India imposes monetary penalty on ICICI Bank Ltd.(15.12.2021)
The Reserve Bank of India (RBI) has imposed, by an order dated December 13, 2021, a monetary penalty of Rs. 30 Lakh (Rupees Thirty Lakh only) on ICICI.....
Tags : Penalty, Imposition, Non-compliance
read»
An application under Order 39 Rule 4 of CPC is permissible only if in the application seeking temporary injunction, a party has made false and misleading statement(21.02.2022)
Appellant impugns order whereby the application filed by the Appellant as also by Respondent no. 1 under Order 39 Rule 4 of Code of Civil Procedure, 1.....
Tags : Application, Modification, Entitlement
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Section 69(2) of Partnership Act, 1932 is not a bar to a suit filed by unregistered firm, if the same is for enforcement of statutory right(31.01.2022)
Present appeal, by the Plaintiff of a suit for declaration and injunction, is directed against the judgment, as passed by the High Court, whereby the .....
Tags : Injunction, Provision, Applicability
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Employer has a right to withhold the gratuity during the pendency of the disciplinary proceedings(27.05.2020)
In the facts of present case, Respondent ¬employee was in service and posted as Chief General Manager. He was served with the charge-sheet. There was .....
Tags : Gratuity, Pendency, Disciplinary proceedings
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The acknowledgment in the form of letters/OTS/Settlement terms made by 'Corporate Debtor' before expiry of period of limitation results in a fresh period of limitation(22.05.2020)
The limited question involved in present appeal is whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") fi.....
Tags : Debt, Application, Maintainability
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Adjudicating Authority is only required to ascertain existence of default from records of an information utility(22.05.2020)
The twin appeals preferred by the same 'Financial Creditor' viz 'Allahabad Bank' against two different 'Corporate Debtors' primarily assail the orders.....
Tags : Application, Admission, Entitlement
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Foreign exchange receipt must be attributable to the information or service contemplated by Section 80-O of Income-tax Act for claiming deduction(05.06.2020)
The short point calling for determination in present appeals is whether the income received by the Appellants in foreign exchange, for the services pr.....
Tags : Deduction, Applicability, Provision
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Disciplinary proceeding initiated prior to the retirement of a bank employee would continue even after his retirement(28.03.2022)
In facts of present case, the Petitioner who was lastly working as Senior Branch Manager with the Respondent-Bank, has retired on 31 May 2013 on attai.....
Tags : Retirement, Disciplinary Proceedings, Bank Employee
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Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)
In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....
Tags : Arbitration application, Maintainability, Remedies, Civil Court
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Construction of statutory phrase, placed by a circular issued by the Central Board of Excise and Customs is binding on the Revenue till the same is withdrawn(12.04.2022)
The brief fact of the case is that based on intelligence that Appellant was not paying Service tax on the Construction activities carried out by him, .....
Tags : Demand, Circular, Applicability
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Any Member of the Bench can pronounce the order for and on behalf of the Bench(30.05.2022)
Present Appeal has been filed against order by which order the application under Section 7 filed by the Financial Creditor has been admitted. Learned .....
Tags : Applicability, Provision
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Tax authorities are entitled to grant stay on deposit of amounts lesser than twenty percent of the disputed demand(02.05.2022)
Present writ petition has been filed challenging the orders passed by Respondents No.1 and 2, without considering the submissions made by the Petition.....
Tags : Stay applications, Pre-deposit, Discretion
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Court cannot interfere with the discretion exercised by the Ombudsman in the award of interest and the date on which it is made payable(20.06.2022)
The Petitioner has preferred present writ petition being aggrieved by award passed by the Insurance Ombudsman, Kochi declining to grant interest on th.....
Tags : Letter of acceptance, Award, Compliance
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Rejection of second-application for grant of registration under Section 12AA of the IT Act without mentioning substantial reason amounts to miscarriage of justice(20.06.2022)
The assessee is a company incorporated under Section 8 of the Companies Act, 2013, established for various objects set out in the Memorandum of Associ.....
Tags : Application, Registration, Grant
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Non-compliance with provisions related to continuous disclosures(29.12.2021)
1. SEBI vide circular no. SEBI/HO/DDHS/DDHS/CIR/P/2020/231 dated November 13, 2020 prescribed a uniform structure for levying fines and taking action .....
Tags : Non-compliance, Provisions, Continuous disclosures
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Non-compliance of the mandatory requirement of drawing up a preliminary order vitiates the entire proceedings(01.08.2022)
The Petitioner is challenging the conditional order passed by the Sub-Divisional Magistrate ('SDM'), in term of Section 133 of the Code of Criminal Pr.....
Tags : SCN, Non-compliance, Mandatory requirement
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Executive Directors are authorized to extend validity of waiting lists of candidates for further period of one year(13.11.2017)
The Petitioner, working as Junior Engineer with Respondent No. 1-the Maharashtra State Electricity Distribution Limited ("the MSEDCL") has approached .....
Tags : Disciplinary proceedings, Pendency, Selection
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Liability to deduct tax under Section 195 of IT Act arises only when the "sum" being paid is chargeable to tax under the IT Act(20.07.2022)
The Assessee had entered into an agreement with GSI Engine B.V., {a tax resident of Netherland, having its head office at Netherland} qua an aircraft .....
Tags : Tax, Provision, Applicability
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Executive orders or circulars in the absence of any legislative competence cannot be made applicable with retrospective effect(22.09.2022)
The instant batch of appeals has been preferred by the Appellant, Bharat Sanchar Nigam Ltd. assailing the judgment passed by the Telecom Disputes Sett.....
Tags : Circular, Rates, Applicability
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Investment in excess stock computed by the department is liable to be treated as business income(10.10.2022)
The Appellant is an individual engaged in the business of trading of furniture and the Appellant had filed return of income. A survey operation was co.....
Tags : Assessment, Provision, Applicability
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Application for permission to sue as an indigent person could not be allowed, if the allegations in the plaint could not show any cause of action(02.12.2022)
The original applicants – Plaintiffs have preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment passed by the Hig.....
Tags : Application, Indigent persons, Rejection
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Exemption of a Banking Company from the application of the provisions of Sections 5 and 6 of the Competition Act, 2002(11.03.2020)
In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government hereby exempts a Ban.....
Tags : Exemption, Banking Company, Application, Provisions
read»
Guidelines for submission of online application for one time registration for SCOMET license and post-reporting requirements for export of chemicals(13.01.2022)
1. Reference is invited to DGFT's Notification No. 47 dated 20.12.2021 regarding SCOMET updates 2021 and policy of General authorization for export of.....
Tags : Guidelines, Online application, SCOMET license
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For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)
The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....
Tags : Rebate claim, Limitation period, Applicability
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Mere fact that majority debenture holders have not initiated any application under Section 7 of IBC, shall not preclude financial creditor to initiate the same(01.02.2023)
Present Appeal has been filed against the Order by which order, the Adjudicating Authority has admitted Section 7 Application filed by the Financial C.....
Tags : Financial creditor, Application, Allowability
read»
Reserve Bank of India imposes monetary penalty on Gayatri Co-operative Urban Bank Ltd.(10.01.2022)
The Reserve Bank of India (RBI) has imposed, by an order dated January 4, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees one lakh only) on Gayatri .....
Tags : Non-compliance, Penalty, Imposition
read»
Central KYC Records Registry nears operation(12.07.2016)
IRDA announced completion of key steps in the finalisation of Know Your Customer Template for "individuals" and Operating Guidelines for uploading of .....
Tags : Kyc, central repository, multiplicity
read»
Patent filing figures and trends(20.07.2016)
The Minister for Science and Technology, Y.S. Chowdary, released figures for patent filings in the country.
The number of patents filed in .....
Tags : patents, filed, foreign applicants
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Clarification regarding applicability of Social Welfare Surcharge on goods exempted from basic and other customs duties/cesses(01.02.2022)
1. References have been received seeking clarification on the issue of applicability of Social Welfare Surcharge (SWS) on goods that are exempted from.....
Tags : Clarification, Applicability, Social Welfare Surcharge
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Deposit of 25% of the amount by the auction purchaser is mandatory and full amount of the purchase money must be paid within fifteen days from the date of the sale(10.02.2023)
The original Respondent No. 1 - objector before the Executing Court has preferred the present appeal, feeling aggrieved with the impugned judgment pas.....
Tags : Sale, Non-compliance, Mandatory provisions
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Insurance contract must be read as a whole and every attempt should be made to harmonise the terms thereof(08.02.2023)
The non-application of the general strict liability principle, in case of an insurance policy, is sought to be questioned, where an expanded meaning h.....
Tags : Policy, Principle, Applicability
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Any amount given in trust to a Corporate Debtor cannot be treated as asset of the Corporate Debtor(21.02.2023)
Present Appeal has been filed against two orders passed by the Adjudicating Authority. The Adjudicating Authority vide order rejected the application .....
Tags : Application, Rejection, Legality
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Reduction of compliances and end-to-end automation of procedure relating to import of certain goods at concessional rate of duty(02.03.2022)
In a significant step towards Atmanirbhar Bharat, Central Board of Indirect Taxes & Customs (CBIC) has reduced the compliances required under the Cust.....
Tags : Reduction, Compliances, Import
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Section 12A of IBC does not debar entertaining of applications for withdrawal of CIRP even before constitution of CoC(28.03.2023)
The Appellant, a suspended Director of the Corporate Debtor has filed present appeal assailing the correctness of the order passed by the National Com.....
Tags : Withdrawal, CIRP, Application
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NCLT has discretion to admit an application under Section 7 of IBC on existence of a financial debt, unless there are good reasons to reject it(11.05.2023)
The Respondent-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the National Company Law Tribunal. T.....
Tags : Financial debt, Application, Discretion
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When a finding is recorded by the Adjudicating Authority that agreement was entered, there is no question of doubting its genuineness(24.05.2023)
Present appeal has been filed against the order passed by Adjudicating Authority (NCLT Kolkata) by which order Section 7 of the Insolvency & Bankruptc.....
Tags : Default, Application, Rejection
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Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment(24.03.2023)
The Director General, Doordarshan Prasar Bharti Corporation of India and another have preferred the present appeal feeling dissatisfied with the impug.....
Tags : Contractual employee, Rules, Applicability
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SVLDR Scheme is required to be interpreted liberally to further its object(22.05.2023)
The Petitioner has filed the present petition under Article 226 of the Constitution of India, 1950 impugning the decision of the concerned authority t.....
Tags : Tax dues, SVLDR Scheme, Applicability
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SARFAESI Act is applicable to Cooperative Banks(05.05.2020)
In present case, the question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of th.....
Tags : SARFAESI Act, Co-operative banks, Applicability
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Proceedings under Section 140(5) of Companies Act are maintainable even after the resignation of the auditors(03.05.2023)
In present appeals, common question of law pertaining to the interpretation of Section 140(5) of the Companies Act, 2013 and the Investigation Report .....
Tags : Application, Provisions, Applicability
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Acknowledgement of the debt for the purpose of extension of limitation has to be made during the period of three years(26.04.2023)
Present appeal is filed by the Suspended Director of the Corporate Debtor (D.P. Agro Mills Pvt. Ltd) against the order passed by the Adjudicating Auth.....
Tags : Time period, Application, Maintainability
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Amendment brought to Section 153C of the IT Act, shall be applicable to searches conducted under Section 132 of the IT Act, before the date of the amendment(06.04.2023)
The Revenue has preferred the present appeals feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court,.....
Tags : Amendment, Searches, Applicability
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No police officer shall detain in custody a person arrested without warrant for a longer period(03.04.2023)
The Petitioners have filed present Petition under Article 226 of the Constitution of India for their release from custody in CR registered with Malaba.....
Tags : Arrest, Provisions, Compliance
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Dismissal of application filed under Section 7, for default committed during the period prescribed under Section 10A, justifiable(03.05.2023)
Present Appeal has been filed against order by which order the Adjudicating Authority has rejected the Section 7 application filed by the Financial Cr.....
Tags : Provision, Application, Maintainability
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Provisions of Section 96 of the IBC are not applicable on a complaint filed under Section 138 of NI Act(15.05.2023)
The facts of the present case are that, the complaint was filed by Respondent No. 1 against the Petitioner and Respondent Nos. 2, under Section 138 re.....
Tags : IBC, Provision, Applicability
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Clarification on applicability of regulation 23 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 in relation to Related Party Transactions(30.03.2022)
1. Regulation 23 of the SEBI (Listing Obligations and Disclosure Requirements), Regulations 2015 ('LODR Regulations') was amended vide notification da.....
Tags : Clarification, Applicability, Regulation
read»
Single member Waqf Tribunal keeps jurisdiction till larger constituted(15.12.2015)
A challenge by Waqf Tribunals against a High Court finding jurisdiction for itself in matters involving waqf property was allowed by the Supreme Court.....
Tags : Waqf, tribunal, amendment, implied repeal
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Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)
In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....
Tags : Conviction, Exception, Applicability
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Explanation 3C to Section 43B (d) of the IT Act is 'clarificatory' and does not add a new condition retrospectively(11.08.2021)
The question raised in present appeals is with particular reference to Section 43B Explanation 3C of the Income Tax Act, 1961 [IT Act]. On 28th Novemb.....
Tags : Assessment, Clarificatory provision, Applicability
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When the Guarantee requires invocation of guarantee deed, default on the guarantor shall be the date, when corporate guarantee has been invoked(26.07.2023)
Present Appeal has been filed against the Order by which Section 7 Application filed by the Appellant has been rejected as barred by Section 10A of th.....
Tags : Default, Time period, Applicability
read»
Litigation in the SARFAESI and DRT does not preclude the Bank to take specific remedy provided under Section 7 of IBC(31.08.2023)
Present Appeal has been filed against the order passed by the Adjudicating Authority (National Company Law Tribunal) Indore Bench, by which Applicatio.....
Tags : Settlement, Application, Provision
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Principles of Section 20 of CPC do not apply to the arbitration proceedings(31.10.2023)
Present petition is filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief from this Court to re.....
Tags : Jurisdiction, Clause, Applicability
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Sufficient medical evidence should be available before the adjudicating authority for applying the principles of Res Ipsa Locutor(17.10.2023)
The present appeal is directed against the order passed by the National Consumer Disputes Redressal Commissionwhereby the complaint filed by the Appel.....
Tags : Principles, Res Ipsa Locutor, Applicability
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Certified copy which includes a print out must be accompanied by a certificate as contemplated in Section 2-A (a), (b) and (c) of Bankers' Books Evidence Act, 1891(20.10.2023)
A short question of law arises in present petition is whether procedure prescribed under the provisions of the Bankers' Books Evidence Act, 1891 is re.....
Tags : Documents, Procedure, Applicability
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For an interim or final moratorium under Section 96 of IBC to come into force, application filed by debtor should be complete in all respects and without any procedural defects(17.11.2023)
The Petitioner who is a sleeping partner in the 3rd respondent-Limited Liability Partnership Firm, seeks to declare that the provisions of the Insolve.....
Tags : Proceedings, Provision, Applicability
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Action of informing the person arrested about the grounds of his arrest is a sufficient compliance of Section 19 of PMLA and Article 22(1) of the Constitution(15.12.2023)
The present appeal is directed against the judgment passed by the High Court of, whereby the High Court has dismissed the petition seeking declaration.....
Tags : Arrest, Procedure, Compliance
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Applications in ANF-2D submitted for seeking policy/procedure relaxation in terms of Para 2.58 of the FTP(30.01.2019)
Trade and industry is already aware that in view of the increasing number of applications seeking relaxation being received in this Directorate and to.....
Tags : Applications, Policy, Relaxation
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RBI imposes monetary penalty on The Akola Urban Co-operative Bank Ltd., Akola, Maharashtra(17.08.2022)
The Reserve Bank of India (RBI) has, by an order dated August 10, 2022, imposed a monetary penalty of Rs. 15.00 lakh (Rupees Fifteen lakh only) on The.....
Tags : Penalty, Imposition, Non-compliance
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Rectification proceedings under Section 154 of the IT Act is applicable for a patent mistake which can be established not by a long-drawn process(17.01.2024)
The assessee is a credit co- operative society engaged in the business of providing credit facilities to its members. For the AY 2014-15, return of in.....
Tags : Assessment, Provision, Applicability
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Exception from Online Filing of Application under Section 197 and 206C (9) in the cases of NRIs and Resident Applicants(24.12.2018)
The Central Board of Direct Taxes (CBDT) has decided to allow exception from online filing of application under Section 197 and 206C (9) in the cases .....
Tags : Online Filing, Exception, Application, NRIs and Resident Applicants
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GST applicability on liquidated damages, compensation and penalty arising out of breach of contract or other provisions of law(03.08.2022)
1. In certain cases/instances, questions have been raised regarding taxability of an activity or transaction as the supply of service of agreeing to t.....
Tags : GST, Applicability, Liquidated damages
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RBI imposes monetary penalty on Warud Urban Co-operative Bank Ltd., Warud (Maharashtra)(08.08.2022)
The Reserve Bank of India (RBl) has imposed, by an order dated August 05, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees One lakh only) on Warud Ur.....
Tags : Penalty, Imposition, Non-compliance
read»
644 declarations made during Black Money compliance window(06.01.2016)
Totaling about Rs 4,164 crores, 644 declarations were received during the compliance window provided under the Black Money (Undisclosed Foreign Income.....
Tags : Black money, compliance, declarations
read»
Compliance of the FDI policy of the Government of India with regard to the entities involved in uploading/streaming of news and current affairs through digital media(16.11.2020)
1. Attention is invited to the decision of the Central Government, communicated vide Press Note No. 4 of 2019 dated 18th September, 2019 permitting 26.....
Tags : Compliance, FDI policy, Digital media
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RBI imposes monetary penalty on Bharat Heavy Electricals Employees' Co-operative Bank Limited, Kailasapuram, Tiruchirappalli, Tamil Nadu(29.08.2022)
The Reserve Bank of India (RBI) has imposed, by an order dated August 22, 2022, a monetary penalty of Rs. 10.00 lakh (Rupees Ten lakh only) on Bharat .....
Tags : Penalty, Imposition, Non-compliance
read»
When the substantial control remains with the contractor and is not handed over to the user, it can’t be termed as sale and Sales Tax or VAT can’t be applied(09.01.2024)
Present group of appeals concerns the liability to pay tax under the Assam General Sales Tax Act, 1993 ('the Sales Tax Act') and the Assam Value Added.....
Tags : Payment, Provision, Applicability
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Section 5 of the Limitation Act, will apply only if it is extended to the special statute(19.01.2024)
Present is a writ petition under Article 226 of the Constitution of India wherein the Petitioner is aggrieved by the order passed by the appellate aut.....
Tags : Delay, Provision, Applicability
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Power to record additional evidence under Section 391 of CrPC should only be exercised, when the party making such request is diligent(29.01.2024)
The instant appeal by special leave filed at the behest of the Appellant accused calls into question the order passed by the High Court rejecting the .....
Tags : Provision, Applicability, Additional evidence
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Sanction is not required to prosecute a public servant who faces accusation of creating fake documents by misusing his official position(17.01.2024)
The Appellant as the complainant lodged a first information report alleging that Respondent No. 2 were irregularly creating documents of property in t.....
Tags : Sanction, Provision, Applicability
read»
Payment of foreign commission is not taxable in India(07.02.2024)
The assessee is a partnership firm engaged in the business of manufacturing and trading of fertilizers, chemical and paints during the year under cons.....
Tags : Assessment, Provision, Applicability
read»
Assessing Officer is not vested with an authority to travel beyond the net profit shown in the profit and loss account(11.03.2024)
The present appeal under Section 260A of the Income Tax Act, 1961 [ IT Act], at the instance of the Revenue, impugns the order passed by the Income Ta.....
Tags : Assessment, Provision, Applicability
read»
Dishonest inducement is the sine qua non to attract the provisions of Sections 415 and 420 of IPC(20.03.2024)
The present appeal challenges the order passed by the learned Single Judge of the High Court, whereby the High Court rejected the petition filed by th.....
Tags : FIR, Provision, Applicability
read»
RBI imposes monetary penalty on G.S. Mahanagar Co-operative Bank Limited, Mumbai(12.09.2022)
The Reserve Bank of India (RBI) has, by an order dated September 08, 2022, imposed a monetary penalty of ₹ 25.00 lakh (Rupees Twenty-five lakh only) o.....
Tags : Non-compliance, Penalty, Imposition
read»
RBI cancels the licence of The Laxmi Co-operative Bank Limited, Solapur, Maharashtra(22.09.2022)
Today, the Reserve Bank of India (RBI), vide order dated September 14, 2022, has cancelled the licence of "The Laxmi Co-operative Bank Limited, Solapu.....
Tags : Licence, Cancellation, Non-compliance
read»
Amounts covered by security deposits under the agreements constitute financial debt(25.04.2024)
Present appeals take exception to judgments and orders passed by the National Company Law Appellate Tribunal (NCLAT). The issue involved is whether th.....
Tags : Financial creditor, Provision, Applicability
read»
Rule 5 of Cenvat Credit Rules, 2004 will be applicable for the export of services prior to 14th March 2006(16.07.2024)
The appellant filed refund claims under Rule 5 of the Cenvat Credit Rules, 2004 read with Notification No. 5/2006-CE (NT) dated March 14, 2006. These .....
Tags : Cenvat Credit, Refund, Applicability
read»
Instructions issued by the Central Government under Section 9 of the MSMED Act and by the RBI have statutory force and are binding to all the Banking companies(01.08.2024)
The Appellants have challenged the impugned common order passed by the High Court, whereby the High Court held that the Banks/ Non-Banking Financial C.....
Tags : Restructuring process, Instruction, Compliance
read»
Non-applicability of provisions of Sub-rule (1A) of Rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 to the Foreign Portfolio Investor(04.01.2022)
In exercise of the powers conferred by sub-clause (i) of clause (h) of sub-rule (2) of rule 9A of the Prevention of Money-laundering (Maintenance of R.....
Tags : Non-applicability, Provisions, Foreign Portfolio Investor
read»
Startup India launches Startup applications for MAARG Portal(23.11.2022)
The Department for Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, has launched a call for startup appl.....
Tags : Startup India, launch, Applications
read»
Separate prosecution for offence under Customs Act for smuggling of gold and offence under Section 16 of UAPA maintainable(01.02.2021)
The petitioners have filed this petition under Section 483 of Criminal Procedure Code, 1973 (Cr.P.C.) for quashing of FIR filed under Section 16 of Un.....
Tags : Bail Application, Nature of offence
read»
In a complaint under Section 138 of NI Act, only drawer of the cheque who can be prosecuted(21.02.2024)
Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') praying for quashing of the complaint filed by th.....
Tags : Complaint, Provision, Applicability
read»
Imposition of monetary penalty on Parwanoo Urban Co-operative Bank Limited, Parwanoo, Himachal Pradesh(21.11.2022)
The Reserve Bank of India (RBI) has imposed, by an order dated November 15, 2022, a monetary penalty of Rs 3.00 lakh (Rupees Three Lakh only) on The P.....
Tags : Penalty, Imposition, Non-compliance
read»
Disclosures and compliance requirements for Issuance and Listing of Municipal Debt Securities(24.11.2022)
1. SEBI (Issue and Listing of Municipal Debt Securities) Regulations, 2015 (ILMDS Regulations) and circulars issued thereunder, provide the framework .....
Tags : Disclosures, Compliance requirements, Green debt security
read»
Balance Sheets entries can amount to acknowledgement of debt for purpose of extending limitation(15.04.2021)
In present matter, Corporate Power Ltd. ["the corporate debtor"] set up a thermal power project in Jharkhand, and for so doing, availed of loan facili.....
Tags : Balance Sheets, Entries, Provision, Applicability
read»
In the absence of a provision of review in the IBC, inherent powers provided under Rule 11 of the NCLAT Rules cannot be invoked for the purpose of filing a Review Application(21.02.2023)
The Appellant/Applicant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Respondent for initiation o.....
Tags : Application, Review, Maintainability
read»
Fresh period of limitation shall be computed from the time when the acknowledgment is signed(12.09.2023)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, has been filed assailing the correctness of judgment and order of Nationa.....
Tags : Application, Admission, Delay
read»
What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)
Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....
Tags : Application, Review, Maintainability
read»
RBI’s Circular issued to extend relief to borrowers during the COVID-19 pandemic is not applicable to defaults prior to the outbreak of the pandemic(18.12.2020)
The present writ petition has been filed challenging the impugned letter sent by Respondent No.1/IL&FS Financial Services Ltd. ('IL&FS'), by which it .....
Tags : Burrowers, RBI circulars, Applicability
read»
Minor deviation from explicit terms of NIT would not by itself be sufficient to set aside tender in absence of malafides(11.12.2020)
Petitioner, who is an A Class Contractor, has challenged Exhibit P8 order alleging that, the 2nd lowest bidder on 8th September, 2020 was awarded the .....
Tags : Selection notice, Award, Compliance
read»
RBI imposes monetary penalty on Jila Sahakari Kendriya Bank Maryadit, Bilaspur, Chattisgarh(12.12.2022)
The Reserve Bank of India (RBl) has imposed, by an order dated December 06, 2022, a monetary penalty of Rs 50,000/- (Rupees Fifty Thousand only) on Ji.....
Tags : Non-compliance, Penalty, Imposition
read»
Reserve Bank of India imposes Monetary Penalty on Mynd Solutions Private Limited(29.12.2022)
The Reserve Bank of India (RBI) has imposed a monetary penalty of Rs 13,90,000 (Rupees Thirteen Lakh and Ninety Thousand only) on Mynd Solutions Priva.....
Tags : Penalty, Imposition, Non-compliance
read»
Relaxation from compliance with certain provisions of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015(05.01.2023)
1. SEBI, vide circular no. SEBI/HO/CFD/CMD1/CIR/P/2020/79 dated May 12, 2020, had inter-alia relaxed the requirements specified in regulation 36(1)(b).....
Tags : Relaxation, Compliance, Provisions
read»
Relaxation from the applicability of SEBI Circular dated October 10, 2017 on non-compliance with the Minimum Public Shareholding requirements(14.05.2020)
1. SEBI circular No. CFD/CMD/CIR/P/2017/115 dated October 10, 2017 lays down the procedure to be followed by the recognized stock exchanges/depositori.....
Tags : Relaxation, Applicability, SEBI Circular
read»
RBI imposes monetary penalty on IGH Holdings Private Limited, Mumbai(17.03.2023)
The Reserve Bank of India (RBI) has, by an order dated March 15, 2023, imposed a monetary penalty of Rs 11.25 lakh (Rupees Eleven lakh twenty five tho.....
Tags : Non-compliance, Monetary penalty, Imposition
read»
CBDT's e-Verification Scheme harnesses information technology to facilitate voluntary compliance(13.03.2023)
The Income Tax Department has taken several progressive steps to encourage voluntary tax compliance and facilitate a transparent and non-intrusive tax.....
Tags : E-Verification, Scheme, Voluntary compliance
read»
RBI imposes monetary penalty on The Urban Co-operative Bank Ltd., Rourkela (Odisha)(19.06.2023)
The Reserve Bank of India (RBI) has imposed, by an order dated June 09, 2023, a monetary penalty of ₹ 6.00 lakh (Rupees Six lakh only) on The Urban Co.....
Tags : Penalty, Imposition, Non-compliance
read»
Application under Rules 4, 6 or 7 of Insolvency and Bankruptcy (Application to Adjudication Authority) Rules, 2016(15.06.2022)
1. It has been decided that henceforth, the Board will forward the application for initiating insolvency received by it in terms of rule 4, 6 or 7 of .....
Tags : Application, Adjudication Authority, Rules
read»
Reserve Bank of India cancels the licence of United India Co-operative Bank Limited, Nagina, Bijnor, Uttar Pradesh(19.07.2023)
The Reserve Bank of India (RBI), vide order dated July 14, 2023, has cancelled the licence of "United India Co-operative Bank Limited, Nagina, Bijnor,.....
Tags : Registration, Cancellation, Compliance
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Clarification w.r.t. applicability of PIMS at the time of import at SEZ/FTWZ/EOU and further import into DTA(05.07.2022)
1. The DGFT, vide Notification No. 11/2015-20 dated 25.05.2022, has introduced Paper Import Monitoring System (PIMS), by amending import policy of 201.....
Tags : Clarification, Applicability, PIMS
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Clarifications regarding applicability of GST on certain services(01.08.2023)
Representations have been received seeking clarifications on the following issues
1. Whether services supplied by director of a company in hi.....
Tags : Clarifications, Applicability, GST
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RBI imposes monetary penalty on Shree Co-operative Bank Limited, Vadodara (Gujarat)(21.08.2023)
The Reserve Bank of India (RBI) has imposed, by an Order dated August 11, 2023, a monetary penalty of ₹ 50,000/- (Rupees Fifty Thousand only) on Shree.....
Tags : Penalty, Imposition, Non-compliance
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Amendment in the Scheme Guidelines for the Production Linked Incentive (PLI) scheme for Automobile and Auto Component industry(31.08.2023)
In partial modification of the Scheme Guidelines for the Production Linked Incentive (PLI) scheme for Automobile and Auto Component industry which was.....
Tags : Amendment, PLI, Scheme
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Simplification for procedure for compounding of offenses under Customs Act, 1962(23.08.2022)
1. Reference is invited to Circular No. 54/2005-Customs dated 30.12.2005 on guidelines for compounding of offenses under Customs Act read with para 12.....
Tags : Simplification, Procedure, Compounding, Offenses
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RBI imposes monetary penalty on The Waghodia Urban Co-operative Bank Ltd., Dist. Vadodara, Gujarat(14.09.2023)
The Reserve Bank of India (RBI) has imposed, by an Order dated August 22, 2023, a monetary penalty of ₹ 5.00 lakh (Rupees Five Lakh only) on The Wagho.....
Tags : Penalty, Imposition, Non-compliance
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RBI imposes monetary penalty on The Moirang Primary Co-operative Bank Ltd., Moirang (Manipur)(28.07.2022)
The Reserve Bank of India (RBI) has imposed, by an order dated July 28, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees One lakh only) on The Moiran.....
Tags : Penalty, Imposition, Non-compliance
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Amendments to IBBI (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016 and IBBI (Insolvency Professionals) Regulations, 2016(20.09.2023)
1. The Insolvency and Bankruptcy Board India (IBBI/ Board) notified the following regulations on 18th September, 2023: -
a) Insolvency and Ba.....
Tags : Amendments, Registration process, Simplification
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More than 30 lakh Audit Reports filed on Income Tax Department's e-filing portal till 30th September, 2023(02.10.2023)
More than 30.75 lakh audit reports, including about 29.5 lakh Tax Audit Reports have been filed for AY 2023-24 on the e-filing portal till the end of .....
Tags : Compliances, Audit Reports, E-filing
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Section 14(i) of IBC not apply to transactions, arrangements or agreements, under the Convention & Protocol, relating to aircraft, aircraft engines, airframes and helicopters(03.10.2023)
WHEREAS, the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipme.....
Tags : Provisions, Applicability, Agreement
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IBBI invites suggestions to simplify, ease and reduce cost of compliance of Regulations notified under the Insolvency and Bankruptcy Code, 2016(12.10.2023)
The Insolvency and Bankruptcy Board of India (IBBI) invites suggestions/comments from public and regulated entities, on the Regulations for simplifyin.....
Tags : Suggestions, Cost, Compliance, Regulations
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Action against Bank of Baroda under section 35A of the Banking Regulation Act, 1949(10.10.2023)
The Reserve Bank of India has, in exercise of its power, under section 35A of the Banking Regulation Act, 1949, directed Bank of Baroda to suspend, wi.....
Tags : Bob world, application, Action
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RBI imposes monetary penalty on The Sahayadri Sahakari Bank Limited, Mumbai, Maharashtra(09.10.2023)
The Reserve Bank of India (RBI) has imposed, by an order dated September 15, 2023, a monetary penalty of ₹ 6.00 lakh (Rupees Six lakh only) on The Sah.....
Tags : Penalty, Imposition, Non-compliance
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RBI imposes monetary penalty on The Mandal Nagarik Sahakari Bank Ltd., Mandal, Dist. Ahmedabad, Gujarat(30.11.2023)
The Reserve Bank of India (RBI) has, by an order dated November 03, 2023, imposed a monetary penalty of ₹ 1.50 Lakh (Rupees One lakh fifty thousand on.....
Tags : Penalty, Imposition, Non-compliance
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RBI imposes monetary penalty on The Prathamik Shikshak Sahakari Bank Limited, Satara, Maharashtra(07.12.2023)
The Reserve Bank of India (RBI) has, by an order dated November 21, 2023 imposed a monetary penalty of ₹1.00 lakh (Rupees One lakh only) on The Pratha.....
Tags : Penalty, Imposition, Non-compliance
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RBI imposes monetary penalty on Indapur Urban Co-operative Bank Limited, Pune, Maharashtra(14.12.2023)
The Reserve Bank of India (RBI) has, by an order dated November 17, 2023, imposed a monetary penalty of ₹5.00 lakh (Rupees Five lakh only) on Indapur .....
Tags : Penalty, Imposition, Non-compliance
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Annual Compliance Certificate for Insolvency Professional Agencies(02.11.2022)
1. In terms of Regulation 7 of the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) R.....
Tags : Annual Compliance, Certificate, Agencies
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RBI imposes monetary penalty on LIC Housing Finance Limited, Mumbai(31.10.2022)
The Reserve Bank of India (RBI) has, by an order dated October 21, 2022, imposed a monetary penalty of Rs. 5.00 lakh (Rupees Five lakh only) on LIC Ho.....
Tags : Penalty, Imposition, Non-compliance
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RBI imposes monetary penalty on The Bharat Co-operative Bank Limited, Bengaluru, Karnataka(05.12.2022)
The Reserve Bank of India (RBI) has imposed, by an order dated November 28, 2022, a monetary penalty of ₹ 5.00 lakh (Rupees Five lakh only) on The Bha.....
Tags : Penalty, Imposition, Non-compliance
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SEBI grants renewal of recognition to AMC Repo Clearing Limited for one year(15.01.2024)
The Securities and Exchange Board of India, having considered the application for grant of renewal of recognition under Regulation 12 of the Securitie.....
Tags : Application, Renewal, Grant
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RBI imposes monetary penalty on Shree Bharat Co-operative Bank Limited, Vadodara, Gujarat(04.01.2024)
The Reserve Bank of India (RBI) has, by an order dated December 13, 2023, imposed a monetary penalty of ₹5.00 lakh (Rupees Five lakh only) on Shree Bh.....
Tags : Penalty, Imposition, Non-compliance
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Compliance with MoRTH notifications in view of the Motor Vehicles (Amendment) Act, 2019(08.01.2024)
In view of the amendments carried out in the Motor Vehicles (Amendment) Act, 2019, Ministry of Road Transport and Highways (MoRTH) has published follo.....
Tags : Compliance, MoRTH notifications, Amendments
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RBI imposes monetary penalty on Zoroastrian Co-operative Bank Ltd., Mumbai(08.02.2024)
The Reserve Bank of India (RBI) has, by an order dated February 6, 2024, imposed a monetary penalty of ₹ 43.30 lakh (Rupees Forty-Three Lakh and Thirt.....
Tags : Penalty, Imposition, Non-Compliance
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Compliances for initiation of Voluntary Liquidation of a Financial Service Provider(13.02.2024)
1. The Code provides for the voluntary liquidation process of corporate persons. However, the definition of 'corporate person' in sub-section (7) of s.....
Tags : Compliances, Voluntary Liquidation, Financial Service Provider
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Streamlining of Internal Compliance monitoring function - leveraging use of technology(31.01.2024)
1. RBI had recently carried out an assessment in select Supervised Entities (SEs) of the prevailing system in place for internal monitoring of complia.....
Tags : Internal Compliance, Use, Technology
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Applicability of Section 269ST of Income Tax Act, 1961(05.04.2017)
In exercise of the powers conferred by clause (iii) of the proviso to section 269ST of the Income-tax Act, 1961 (43 of 1961), the Central Government h.....
Tags : Notification, Section, Applicability
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Procedures for application for tariff rate quota for FY 2022-2023(27.01.2022)
1. Reference is invited to para 2.107 of the HBP, wherein the details of allocation of Tariff Rate Quota (TRQ) under various FTA/CECA are notified. Th.....
Tags : Procedures, Application, Tariff rate quota
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RBI imposes monetary penalty on Bandhan Bank Ltd.(13.03.2024)
The Reserve Bank of India (RBI) has, by an order dated March 04, 2024, imposed a monetary penalty of ₹29.55 lakh (Rupees Twenty Nine Lakh Fifty-five T.....
Tags : Non-compliance, Penalty, Imposition
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No GST is applicable on free food supplied in anna kshetras run by religious institutions(11.07.2017)
There are media reports suggesting that GST applies on free food supplied in anna kshetras run by religious institutions. This is completely untrue. N.....
Tags : Free food, Religious institutions, Non-applicability, GST
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RBI imposes monetary penalty on Rajdhani Nagar Sahkari Bank Limited, Lucknow(18.04.2024)
The Reserve Bank of India (RBI) has imposed, by an order dated March 30, 2024, a monetary penalty of ₹5.00 lakh (Rupees Five lakh only) on Rajdhani Na.....
Tags : Penalty, Imposition, Non-compliance
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RBI announces rate of interest on Government of India Floating Rate Bond 2033(21.03.2023)
The rate of interest on Government of India Floating Rate Bond 2033 (GOI FRB 2033) applicable for the half year March 22, 2023 to September 21, 2023 s.....
Tags : Rate, Interest, Applicability
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RBI imposes monetary penalty on The Central Co-operative Bank Limited, Bikaner, Rajasthan(29.04.2024)
The Reserve Bank of India (RBI) has, by an order dated April 16, 2024, imposed a monetary penalty of ₹2.00 lakh (Rupees Two lakh only) on The Central .....
Tags : Penalty, Imposition, Non-compliance
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Income Tax (IT) Department simplifies linking PAN with Aadhar for taxpayers using Income Tax India website(11.05.2017)
The Income Tax (IT) Department has made it easy for taxpayers to link their PAN with Aadhar. Responding to grievances of taxpayers regarding difficult.....
Tags : Simplification, Link, PAN, Aadhar
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Securities and Exchange Board of India launched Saa?thi 2.0 mobile application(03.06.2024)
The updated "Saa₹ thi" app introduces a user-friendly interface with comprehensive tools aimed at simplifying complex financial concepts. It includes .....
Tags : Saa?thi, Mobile application, Launch
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Invitation of applications for recognition of Self-Regulatory Organisations (SROs) for NBFCs(19.06.2024)
1. The Reserve Bank had issued 'Omnibus Framework for recognition of Self-Regulatory Organisations for Regulated Entities of the Reserve Bank' dated M.....
Tags : Invitation, Applications, SROs
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Continuous disclosures in compliances by InvITs-Amendments(22.07.2021)
1. SEBI issued Circular No. CIR/IMD/DF/127/2016 dated November 29, 2016 has inter alia prescribed guidelines for Grievance Redressal Mechanism for Inv.....
Tags : Disclosures, Compliances, InvITs
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Clarification regarding applicability of IGST on repair cost, insurance and freight, on goods re-imported after being exported for repairs, on the recommendations of the GST Council made in its 43rd m(19.07.2021)
1. References have been received seeking clarification on the issues of the applicability of IGST on repair cost, insurance and freight, on goods re-i.....
Tags : Applicability, IGST, Repairs
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Simplification of procedure and standardization of formats of documents for issuance of duplicate securities certificates(25.05.2022)
1. SEBI has reviewed the process followed by the Registrars to an Issue and Share Transfer Agents ("RTAs") and the Issuer companies for issuance of du.....
Tags : Simplification, Procedure, Duplicate securities certificates
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Applicability of SCOMET policy on Irregular Aluminium Powder- Clarification by DGFT(10.07.2024)
1. It has been brought to the notice that several field formations have sought clarification on the applicability of SCOMET on irregular Aluminium Pow.....
Tags : Applicability, SCOMET policy, Clarification
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CBDT clarifies provisions under Finance Act 2023 relating to donations made by a trust/institution to another trust/institution for purposes of application of income(06.03.2024)
Any trust or institution registered u/s 12AA or 12AB of the Income Tax Act 1961 is exempt, subject to the fulfilment of certain conditions
In.....
Tags : Provisions, Application, donations, Trusts
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Applications of Online Payment Aggregators received under the Payment and Settlement Systems Act, 2007 - Status(15.02.2023)
With a view to bringing entities undertaking online payment aggregation business within the regulatory fold, Reserve Bank of India (RBI) has issued ci.....
Tags : Applications, Online Payment, Aggregators
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RBI imposes monetary penalty on The Bapunagar Mahila Co-operative Bank Ltd., Ahmedabad, Gujarat(16.05.2024)
The Reserve Bank of India (RBI) has, by an order dated May 8, 2024, imposed a monetary penalty of ₹2.00 lakh (Rupees Two lakh only) on the Bapunagar M.....
Tags : Penalty, Imposition, Non-compliance
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Mechanism for providing evidence of compliance of conditions of Section 15(3)(b)(ii) of the CGST Act, 2017 by the suppliers(26.06.2024)
1. In cases where the discounts are offered by the suppliers through tax credit notes, after the supply has been effected, the said discount is not to.....
Tags : Mechanism, Compliance, Conditions
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RBI imposes monetary penalty on The Prakasam District Co-operative Central Bank Ltd, Ongole, Andhra Pradesh(10.06.2024)
The Reserve Bank of India (RBI) has, by an order dated June 05, 2024, imposed a monetary penalty of ₹50,000/- (Rupees Fifty thousand only) on The Prak.....
Tags : Penalty, Imposition, Non-compliance
read»
Income-Tax (19th Amendment) Rules, 2020(10.08.2020)
In exercise of the powers conferred by clause (d) of sub-section (8) of section 139A and clause (ii) of sub-section (7) of section 206AA read with sec.....
Tags : Amendment, Provision, Application
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Imposition of penalty on Kohinoor Sahakari Bank Ltd., Ichalkaranji(29.05.2023)
The Reserve Bank of India (RBI) has, by an order dated May 23, 2023, imposed a monetary penalty of ₹1.00 lakh (Rupees One lakh only) on Kohinoor Sahak.....
Tags : Imposition, Penalty, Non-compliance
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Applicability of Central Excise exemption on Ethanol/ Methanol blended Petrol, and high-speed diesel blended with bio-diesel, when blending is done within the refinery(22.06.2021)
1. References have been received seeking clarification on applicability of exemption from Basic Excise duty and other cesses, under different notifica.....
Tags : Applicability, Exemption, Ethanol
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RBI imposes monetary penalty on Telangana State Cooperative Apex Bank Limited, Hyderabad(12.06.2023)
The Reserve Bank of India (RBI) has, by an order dated June 05, 2023, imposed a monetary penalty of Rs 2.00 lakh (Rupees Two Lakh only) on Telangana S.....
Tags : Penalty, Imposition, Non-compliance
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RBI imposes monetary penalty on Suvarnayug Sahakari Bank Ltd., Pune, Maharashtra(08.08.2024)
The Reserve Bank of India (RBI) has, by an order dated August 05, 2024, imposed a monetary penalty of ₹2.00 lakh (Rupees Two lakh only) on Suvarnayug .....
Tags : Penalty, Imposition, Non- compliance
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RBI imposes monetary penalty on National Central Cooperative Bank Ltd., Bettiah, Bihar(11.07.2022)
The Reserve Bank of India (RBI) has imposed, by an order dated July 08, 2022, a monetary penalty of ₹ 2.00 lakh (Rupees Two lakh only) on The National.....
Tags : Non compliance, Penalty, Imposition
read»
RBI imposes monetary penalty on Indrayani Co-operative Bank Ltd., Pimpri, Maharashtra(23.10.2023)
The Reserve Bank of India (RBI) has, by an order dated September 25, 2023, imposed a monetary penalty of ₹3.00 lakh (Rupees Three lakh only) on Indray.....
Tags : Penalty, Imposition, Non-compliance
read»
Modalities related to Investment Adviser applications(26.09.2022)
SEBI, vide circular ref. 2021/579 dated June 18, 2021, granted recognition to BSE Administration and Supervision Ltd. (BASL), a wholly owned subsidiar.....
Tags : Modalities, Investment Adviser, Applications
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Clarifications regarding applicability of GST on certain services(31.10.2023)
1. Based on the recommendations of the GST Council in its 52nd meeting held on 7th October, 2023, at New Delhi, clarification, with reference to GST l.....
Tags : Clarifications, Applicability, GST
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Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)
Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....
Tags : Sentence, Validity, Change in law, Applicability
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Person asserting breach must show that, there are substantial grounds for believing that he faces real risk of being subjected to treatment contrary to Article 3 of Convention(28.06.2017)
Respondent was convicted by District Court of Taipei of driving under influence of alcohol, negligent manslaughter and leaving scene of an accident. P.....
Tags : Extradition, Validity, Convention, Compliance
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Relevant Court to make the application for a summons is Supreme Court of Western Australia in its General Division and not the Court of Appeal division(01.03.2018)
Present is an application by the Respondent for leave pursuant to Order 10 Rule 7 of the Rules of the Supreme Court 1971 (WA) (Rules) to serve a 'mean.....
Tags : Means Inquiry, Application, Maintainability
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Issues once decided cannot be repeatedly re-ventilated and reconsidered(08.11.2016)
In present case, application by birth mother that, decision which was reached by Honorable Judge Singleton QC in August 2015 as to with whom this chil.....
Tags : Child, Custody, Application
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Public law acts were to be regarded and relied upon as lawful unless and until they were set aside by Courts(27.09.2018)
Appeal was against decision of Tribunal which it handed down on 2 June 2017. Tribunal's decision related to a special plea taken by both Goodyear Sout.....
Tags : Complaint referral, Compliance, Provisions
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Amendment to Section 148 of Negotiable Instruments Act applies retrospectively(29.05.2019)
In a recent decision, the Supreme Court, while hearing a case namely Surinder Singh Deswal @ S.S. Deswal & Ors. v. Virender Gandhi held that, Section .....
Tags : Enactment, Amendment, Applicability
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Court is empowered to grant leave to a disqualified person to manage a corporation(04.12.2018)
By originating process lodged 17 September 2018 the plaintiff seeks leave of the court under s 206G of the Corporations Act, 2001 to be a director of .....
Tags : Bankrupt, Act as director, application
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In absence of any third party interest, nothing else is required to be established before the court is compelled to make a declaration relating to confiscation(28.03.2019)
In present action, the Director of Public Prosecutions (DPP) seeks a declaration that particular property of the Plaintiffs has been confiscated, give.....
Tags : Application, Declaration, Confiscation
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Homes built for sale to be treated the same way as homes built for lease(21.06.2019)
The Respondent, Xantha Properties 18 (Pty) Ltd, carries on business in the building construction industry. It embarked upon the construction of a prop.....
Tags : Provision, Applicability, Enrolment fee
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Deliberate disobedience of an order does not require a specific intention to break the law(14.08.2019)
Present proceedings arise from a dispute about noise disturbance between the owners of units in a block of units in Bay View Terrace. Unit 1 is a grou.....
Tags : Compliance, Direction, SAT Order
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Pre-existing dispute is not a bar for rejecting application filed by a financial creditor under Section 7 rules NCLAT(01.10.2019)
In a recent Judgment rendered by National Company Law Appellate Tribunal (NCLAT), it has been held that, the pendency of a suit in relating to a dispu.....
Tags : Dispute, Pendency, Application, Maintainability
read»
Income Tax Department introduces a new utility for banks, post offices to check TDS rate on high value cash withdrawals(12.07.2020)
The Income Tax Department has facilitated a new functionality for Banks and Post offices through which they can ascertain the TDS applicability rates .....
Tags : TDS rate, Cash withdrawal, Applicability
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A mere link between a claim which engages Article 24(2) of Recast Regulation and one which does not is not sufficient to bring latter within scope of that provision(29.07.2019)
Present appeal is concerned with the interpretation of Article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) of 12.....
Tags : Jurisdiction, Regulation, Applicability
read»
Government facilitates faster imports of key medical devices amid rise in COVID -19 cases(30.04.2021)
In view of present pandemic situation of COVID-19 and for meeting the demand of medical devices, Department of Consumer Affairs, Government of India h.....
Tags : Imports, Medical devices, Compliance
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CBIC reduces compliance burden by abolishing renewals of licenses/registrations(24.07.2021)
The Central Board of Indirect Taxes and Customs (CBIC) has with effect from 23rd July, 2021 abolished the requirement of periodic renewals of Licence/.....
Tags : Compliance, licenses, Renewal
read»
Ministry of Road Transport and Highways issues draft notification pertaining to trade certificate(07.05.2022)
In order to promote ease of doing business, Ministry of Road Transport & Highways has published a draft notification dated 5th May, 2022 regarding ame.....
Tags : Trade Certificate, Compliance, Notification
read»
Is there a doctor in the house(31.08.2015)
“The time schedule is required to be strictly observed”, the Supreme Court held, as it dismissed a petition by a medical college to increase the numbe.....
Tags : mci, mbbs, application, reject
read»
DGFT simplifies the process of levying Composition Fee for Export Obligation Extension(01.03.2023)
The Directorate General of Foreign Trade (DGFT) has notified amended rules for implementing all PRC (Policy Relaxation Committee) decisions regarding .....
Tags : Composition Fee, Procedure, Simplification
read»
RBI simplifies the application process for registration of Core Investment Companies(10.04.2023)
The Reserve Bank has undertaken a comprehensive review of the system of processing of applications for registration as Core Investment Companies (CICs.....
Tags : Application process, Registration, CICs
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Increased Tax Collection at Source rates set to apply from 1st October, 2023(28.06.2023)
Certain changes were announced to the system of Tax Collection at Source (TCS) on payments under the Liberalised Remittance Scheme (LRS) and on overse.....
Tags : TCS, Rates, Applicability
read»
MeitY issues advisory to all intermediaries to comply with existing IT rules(26.12.2023)
Ministry of Electronics and Information Technology (MeitY) has issued an advisory to all intermediaries, ensuring compliance with the existing IT rule.....
Tags : Rules, Compliance, Advisory
read»
Patent application pendency numbers(25.04.2016)
Patent Offices in four Indian metros released numbers on application pendency in the country. Awaiting examination and disposal are a total of 2,37,67.....
Tags : Patents, application pendency, india
read»
DGFT simplifies Composition Fee for Export Obligation Extension under Advance Authorization Scheme(18.01.2023)
The Directorate General of Foreign Trade (DGFT) has notified the amended rules for calculation of Composition Fee for extending Export Obligation unde.....
Tags : Composition Fee, Simplification, Export
read»
Ministry of Corporate Affairs notifies penalty for non-compliance with NFRA Rules(17.06.2022)
Ministry of Corporate Affairs has notified that, the non-compliance with the National Financial Reporting Authority Rules (NFRA), 2018 would attract p.....
Tags : Penalty, Non-compliance, NFRA Rules
read»
In order to succeed in tort of negligence, it is essential to establish a negligent breach of duty, causation and loss(20.11.2019)
In facts of present case, Mr. Thomas Arthur Watkins lived near Tredegar in South Wales. He was employed by the National Coal Board (later British Coal.....
Tags : Scheme, Benefits, Applicability
read»
Prescription Act does not apply to claims for compensation under the RAF Act(06.05.2020)
Present appeal concerns the question whether the running of prescription in respect of Mr Koos Jacobs’ claim for damages under the Road Accident Fund .....
Tags : Compensation, Enactment, Applicability
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When order is ambiguous, a sensible interpretation of the order is to be preferred instead of an impractical approach(02.10.2020)
The matter concerned the interpretation of a Court order regarding security and the release of the MV ‘Unity’ from arrest. On 23 December 2016, the Kw.....
Tags : Court’s order, Compliance, Interpretation
read»
A private company running on commercial lines is not entitled to exemptions under Section 10 Income Tax Act(20.11.2020)
The Appellant, City Power Soc Limited (City Power), is a state-owned company that is wholly owned by the City of Johannesburg (the City). In 2014, it .....
Tags : Assessments, Exemption, Applicability
read»
The Commissioner may initiate a complaint against an alleged prohibited practice(14.02.2018)
Present is an application for a dismissal of a complaint referral brought at the instance of the third respondent Omnia Fertilizer Limited ("Omnia"). .....
Tags : Compliant Referral, Tacit initiation, Validity
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No jurisdictional error, when mining warden gave proper consideration regarding non-compliance with the applicable expenditure(16.12.2020)
The applicant has applied for judicial review of a recommendation made by the mining warden that, certain mining leases held by it be forfeited. The w.....
Tags : Judicial review, Non-compliance, Forfeiture
read»
Council’s disciplinary functions are not limited to instances relating to criminal conviction; it is the Council’s duty to act against conduct that is improper, unethical(15.01.2021)
In present matter, on 25 November 2014, the Respondent, Dr. David Grieve, appeared before the professional conduct committee (the committee) of the fi.....
Tags : Council, Jurisdiction, Disciplinary proceedings
read»
High Court would have jurisdiction over matters specified in Section 62(2) of Competition Act, 1998, unless such jurisdiction was specifically and expressly ousted(08.04.2021)
Present is an appeal against a decision of the High Court, in terms of which it dismissed an application under Rule 30 of the Uniform Rules , brought .....
Tags : Provision, Applicability, Jurisdiction
read»
Set off of opposing costs orders is not affected by Qualified One-way Costs Shifting ("QOCS"), essentially because set-off is not a type of enforcement(06.10.2021)
Present appeal relates to the construction and effect of a procedural rule in relation to the costs of legal proceedings that applies to all personal .....
Tags : Cost, Legal proceedings, Applicability
read»
Onus rests on the taxpayer to establish, on a balance of probabilities, that it has fully met the requirements of the provision(07.12.2021)
The primary issue before the SCA was whether the Commissioner for South African Revenue Services (SARS) was correct in rejecting Purveyors’ voluntary .....
Tags : Voluntary disclosure, Non-compliance, Provision
read»
A maintenance order had the same legal consequences which flowed from an order made in a civil action(21.01.2022)
The appeal stemmed from the judgment of the High Court, the court made a declaratory order to the effect that the maintenance obligations contained in.....
Tags : Maintenance order, Prescription Act, Applicability
read»
The discretion to impose a sentence cannot be appropriately exercised, if the magistrate is under a misapprehension as to what conduct constitutes the offence(15.02.2022)
Present is an appeal against sentence. On 4 January 2022, the Appellant appeared in the Magistrates Court and pleaded guilty to three offences of fail.....
Tags : Direction, Compliance, Sentence
read»
Strong prospects of success may trump an unsatisfactory explanation for the delay(09.06.2023)
The appeal revolved around an inter-dealership agreement between the applicant and respondent (plaintiff and defendant in the court a quo) for the pur.....
Tags : Provision, Compliance, Delay
read»
Dismissal of an application for a provisional order of liquidation is appealable(14.04.2023)
The appeal was directed against an order of the high court which dismissed the application by the Appellant for the provisional sequestration of the e.....
Tags : Provisional sequestration, Application, Maintainability
read»
In a trial involving a charge of murder, the magistrate shall be assisted by assessors unless the accused requests that the trial may proceed without assessors(23.06.2023)
In facts of present case, Pillay had been charged with murder before the Regional Court. He was convicted. Pillay appealed to the high court against h.....
Tags : Conviction, Compliance, Provision
read»
Order under Section 1322(4)(c) of the Corporations Act can be passed if the person to be relieved from civil liability acted honestly(09.01.2024)
In present matter, on 8 December 2023, the Plaintiff, Enova Mining Ltd (Enova), filed an originating process seeking orders under Section 1322(4)(a) o.....
Tags : Liability, Provision, Applicability
read»
A disclaimer does not affect any right or liability that has already accrued(28.12.2022)
The Plaintiff makes an application by originating summons pursuant to Section 568F(1) of the Corporations Act, 2001 seeking the Units are vest in, or .....
Tags : Unit, Vesting of, Application
read»
Sstrict or literal interpretation of provisions has to be consistent with object of Act(10.06.2020)
The appeal concerned the application of Section 34A of the Estate Agency Affairs Act 112 of 1976, which precludes an estate agent from claiming commis.....
Tags : Provision, Applicability, Public interest
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Court can relieve a person from civil liability provided that the person concerned acted honestly(28.01.2022)
The Plaintiff has sought the relief under Section 1322(4)(a) of the Corporations Act, 2001 from compliance with its financial reporting and lodgment o.....
Tags : Compliance with Financial reporting, Civil liability
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It is unlawful to discriminate against part-time workers, when a retirement pension falls due for payment(12.07.2017)
Appellant is a retired self-employed barrister, who also held part-time judicial office as a recorder (a part-time judge of Crown Court) between 1 Mar.....
Tags : Pension, Entitlement, Directives, Applicability
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Court may withhold a winding up order, where Plaintiff lacks clean hands or has himself or herself been primary contributor to breakdown of relationship.(03.08.2017)
In facts of instant case, winding up application is made pursuant to Section 461(1)(k) of Corporations Act, 2001. This is section which is generally r.....
Tags : Application, Winding up, Grant
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Rate relief is allowed where a dwelling's rateable value is increased by facility required for meeting needs of a person who resides in hereditament and has a disability(09.09.2019)
Mrs Quinn who is a person with a disability for the purposes of Article 31A of the Rates (Northern Ireland) Order 1977 ("the 1977 Order") applied purs.....
Tags : Rate relief, Article, Applicability
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Firm exercising characteristics of power against one player due to contractual relationship between the two, cannot be interpreted to imply that, it would be able to do so on a broader level(23.11.2017)
Present matter concerns two interlocutory applications, an amendment application and an exception application, arising from a private complaint referr.....
Tags : Prohibited practice, Complaint, Amendment, Exception, Application
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A provision of subordinate legislation which results in a breach of a Convention right must be disregarded, if it is possible to do so without affecting the statutory scheme(13.11.2019)
On 9 November 2016, present Court handed down judgment in the series of cases collectively reported as R (Carmichael) v Secretary of State for Work an.....
Tags : Housing benefit, Provision, Applicability
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