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“After the insertion of Section 65B (54) in the Finance Act 1994, from 01-07-2012 onwards, the definition of ‘works contract’ was expanded to include repair and maintenance services of movable properties. Hence, the composite contracts for repair and maintenance of motor vehicles are leviable to service tax from said date.”
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NCLAT held that during the moratorium period under Section 14 of IBC, Customs Authorities are authorized to utilize Bank Guarantees and Fixed Deposits furnished against Zero Import Duty.
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NCLAT held that the impugned order passed by the Adjudicating Authority is at a prima facie stage and should not be treated as a final expression of opinion.
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Amazon defended its case saying that it was merely an online platform and not the seller of such defective telescope, contending that there was no deficiency in service.
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NCLT seeks response from respondents to the application for refunds to passengers under Section 60(5) of IBC.
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There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.
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SEBI had directed the French company to either re-list on a nationwide stock exchange or provide an exit opportunity to its public shareholders through the delisting mechanism.
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The principle of equality is applicable only in same class of creditors, i.e., secured or unsecured, financial or operational.
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The Tribunal noted that the activity of illegal sand mining was within the knowledge of the Regional Officer, HSPCB and still the Unit was permitted to operate without valid Consent to Operate.
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The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.
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A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.
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The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.
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“The report of the surveyor can be contested by the insured for valid reasons. The insurer is required to consider the report of the surveyor appointed by it although he is not bound to accept the report in entirety.”
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The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.
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NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.
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SAT Mumbai observed that it is not open to a shareholder to complain about the scheme of arrangement before the SEBI or to the Stock Exchange nor is it open to the shareholder to make a representation and /or file an appeal before this Tribunal under Section 15T of the SEBI Act.
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APTEL said that in accordance with the guidelines and the CERC Regulations, the Appropriate Commission, the trading margin shall be decided mutually by the SECI, the trading licensee and the WPPs and in turn by the distribution licensees.
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NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.
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“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”
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NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.
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