Tribunals/Commissions/Regulatory Bodies Archives | Page 48 of 78

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Provident Fund dues, Pension Funds and Gratuity Fund dues cannot be recovered under the ‘Waterfall Mechanism’

National Company Law Tribunal, New Delhi: The Bench of M.M. Kumar, Chief Justice (Retd.), President and S.K. Mohapatra, Member (Technical) disposed of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Company and its directors to be treated equally while imposing fine for delay in filing Cost Audit Report

National Company Appellate Tribunal (NCLAT): A Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S. Cheema, Member (Judicial) held that the company and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | When sale takes at buyer’s premise, the place of removal is that place itself for assessing CENVAT credit

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before Sulekha Beevi C.S., Member. Facts of the case were

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Mere non-disclosure of particulars cannot be concluded as willful suppression in order to invoke extended period

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before Sulekha Beevi, J. and Madhu Mohan Damodhar, Member (Technical).

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AFT | Tribunal considers recommendation of 7th Central Pay Commission, orders release of arrears of disability at 50%

Armed Force Tribunal (AFT): The Bench of S.V.S. Rathore, Member (J) and Air Marshall BBP Sinha, Member (A) partially allowed a petition

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | No liability on bank in the absence of any evidence showing deposition of educational certificates for taking a loan

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) set aside the order of District Forum and State Commission and

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Exemption from public announcement of open offer for acquiring shares, where no change in control of Target Company post-takeover

Securities and Exchange Board of India: The Board comprising G. Mahalingam as Whole Time Member, allowed a consortium of port trusts exemption

Case Briefs Tribunals/Commissions/Regulatory Bodies

NAA | No profiteering where there is neither any reduction in rate of tax nor increase in per unit base price of the product

National Anti-Profiteering Authority (NAA): The Coram of B.N. Sharma (Chairman), and J.C. Chauhan and R. Bhagyadevi (Technical Members) dismissed an application filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Mere failure to declare information does not amount to willful misdeclaration unless deliberate attempt to evade duty found

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before S.S. Garg, J., directed against the order passed by

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | A junior promoted to a senior rank being pegged at a pension of his last but one rank, held fallacious; Pension enhanced

Armed Forces Tribunal (AFT): The bench of Sunita Gupta, Member (J), Lt Gen Philip Campose, Member (A), allowed an application praying for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Valid case for exercising discretion under S. 80 of Finance Act, 1994 made out on payments made showing bonafides

Customs, Excise & Service Tax Appellate Tribunal: This appeal was preferred before P. Dinesha, J., against the interest liability and penalty under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Adjudicating Authority does not have jurisdiction to direct filing of fresh application on the basis of same material

Appellate Tribunal for Prevention of Money Laundering Act: The Bench of Manmohan Singh, J. and G.C. Mishra (Member) allowed an appeal filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | BHEL’s claim of over Rs 977 crores in insolvency process against Monnet Power to be reconsidered

National Company Law Appellate Tribunal (NCLAT): Justice S.J. Mukhopadhaya, Chairperson dismissed an appeal against the order of National Company Law Tribunal, Mumbai filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Claim for family pension not maintainable if name of applicant not mentioned in service records of the deceased soldier

Armed Forces Tribunal (AFT): The Bench of S.V.S. Rathore, J. and Lt. General N.B. Singh (Member) dismissed an application challenging the denial of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | To invoke longer period of limitation, evidence to show suppression or misstatement with malafide intention to be provided

Customs, Excise and Service Tax Appellate Tribunal, Allahabad (CESTAT): This appeal was filed before Archana Wadhwa, J. and Anil G. Shakkarwar, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Appellant failed to produce any documents to show that he had resigned as director; application at a belated stage rejected

Securities Appellate Tribunal: The Bench of Tarun Agarwala, Presiding Officer and Dr C.K.G. Nair, Member rejected an application filed at a later

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Decision of Army’s Medical Board cannot be overruled by a higher chain of command without physical medical examination of the patient

Armed Forces Tribunal: The Bench of S.V.S. Rathore, J. and Air Marshal BBP Sinha (Member) allowed the application filed by a member

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | 44 years delay, primary reason for destruction of Medical Board proceedings, claim for pension denied

Armed Forces Tribunal (AFT): The Bench of S.V.S. Rathore, J. and Air Marshal BBP Sinha; Members, dismissed an application claiming disability pension,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Article 137 of Limitation Act not applicable to insolvency application under S.7 IBC where corporate debtor acknowledges debt in its balance sheet

National Company Law Tribunal, Mumbai: The Bench of Bhaskara Pantula Mohan, Member (Judicial) and V. Nallasenapathy, Member (Technical) allowed a petition filed by