The Supreme Court of India has delivered an important ruling on limitation in commercial recovery disputes, holding that a winding-up petition does not automatically extend or preserve the limitation period for a subsequent civil suit for recovery of money. In Mageba Bridge …
The Supreme Court has delivered an important ruling concerning arrest powers under the Goods and Services Tax (GST) law, holding that an order authorising arrest under Section 69 of the Central Goods and Services Tax Act, 2017 (CGST Act) must be communicated to …
The Bombay High Court has delivered an important ruling concerning R&D tax deduction under Section 35(2AB) of the Income Tax Act, holding that an application for the Department of Scientific and Industrial Research (DSIR) report cannot be rejected merely on the …
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, has held Satguru Pratap Singh Apollo Hospitals, Ludhiana, along with Dr. M. Deepinder Singh and Dr. Gaurav Kuthiala, liable for deficiency in post-operative care after a patient developed permanent paralysis following treatment. The …
The Delhi High Court has directed the Income Tax Department to maintain status quo on recovery and penalty proceedings against two assessees who have challenged the constitutional validity of the newly introduced Section 147A of the Income Tax Act, 1961. The provision, inserted …
The Karnataka High Court has ruled that a change in the corporate name of a company does not create a new legal entity or extinguish its existing rights, liabilities and obligations. The Court held that a decree cannot be rendered …
The Karnataka High Court has ruled that GST cannot be imposed on charges collected for sanctioning a building plan, observing that the approval process does not constitute a “supply of goods” or “supply of services” under the GST law. The judgment …
The Kerala High Court has delivered an important judgment concerning FCRA registration, NGO funding, the right to peaceful protest and the requirement of reasoned administrative orders. The Court set aside orders rejecting the renewal applications of two NGOs after the Centre …
A Delhi consumer commission has held a restaurant guilty of unfair trade practice for allegedly compelling a customer to pay a service charge despite his objection. The commission ordered the restaurant to refund ₹949 collected as service charge with interest …
The Calcutta High Court has clarified an important principle concerning the powers of the Income Tax Appellate Tribunal (ITAT). The Court held that the Tribunal cannot make payment of litigation costs a condition for a taxpayer to exercise the statutory …
The Supreme Court has upheld the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax (CGST) Act, 2017, holding that a registered recipient cannot claim Input Tax Credit (ITC) unless the tax charged on the underlying supply has …
The District Consumer Disputes Redressal Commission, Gurugram, has directed a retailer to refund ₹30 charged for three carry bags and pay an additional ₹26,000 towards compensation and litigation expenses to a consumer. The Commission held that charging a customer separately for carry …
The Supreme Court has clarified that the power to condone delay under the Negotiable Instruments Act, 1881 (NI Act) cannot be used to rectify a fundamental or fatal defect in a cheque dishonour complaint. In an important ruling concerning prosecution …
The Delhi High Court has ruled that an Assessing Officer (AO) cannot reject a taxpayer’s share valuation merely because he disagrees with the expected rate of return or commercial assumptions used by a recognised valuation method. In an important ruling …
The Delhi High Court has clarified that disputes arising directly from an employer-employee relationship, including claims relating to unpaid salary and increments, cannot be treated as “commercial disputes” under the Commercial Courts Act, 2015. However, the Court also made an important procedural …
The Delhi High Court has issued important directions concerning provisional attachment of bank accounts under Section 83 of the Central Goods and Services Tax Act, 2017 (CGST Act), holding that such attachment cannot continue beyond the statutory period of one …
The Supreme Court has brought an end to a long-running service dispute involving an Administrative-cum-Finance Officer of the Maulana Abul Kalam Azad Institute of Asian Studies (MAKAIAS) by facilitating an amicable settlement between the employee and the Institute. A Division Bench comprising Justice …
A District Consumer Disputes Redressal Commission in Raipur has held an airline responsible for deficiency in service and unfair trade practice after a passenger missed his flight because the airline failed to communicate the correct departure terminal. The Commission awarded the passenger ₹50,000 …
The Kerala High Court has declined to quash a cheque dishonour complaint merely because the authorised representative’s name was placed before the name of the complainant society in the cause title. The Court held that such an objection is essentially technical …
The Supreme Court has held that an assessee cannot use a revision petition under Section 264 of the Income Tax Act, 1961, as an alternative route to make changes to a self-assessment return after the statutory period for filing a revised …