Searching Content indexed under Trials & Appeals & Compensation by Khaitan & Co ordered by Published Date Descending.
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Tax Tribunal Allows MAT Credit Upto The Appointed Date To The Demerged Company
In a recent case, The Deputy Commissioner of Income-tax v TCS E-Serve International Limited dated 28 August 2019, the Mumbai Bench of the Income Tax Appellate Tribunal has allowed a demerged company to ...
20 Sep 2019
Prosecution Proceedings To Be Resorted To Sparingly And Relaxation In Compounding Guidelines
In line with the recent assurances from the Finance Minister of India regarding ending the tax harassment, the CBDT which is the apex body for administration of direct tax in India, has issued 2 circulars.
19 Sep 2019
Plea Of Adverse Possession – A Shield As Well As A Sword, Clarifies Supreme Court
In Gurudwara Sahib, the plaintiff, inter alia, sought a declaration that he had acquired title of the suit property by way of adverse possession.
11 Sep 2019
Post Vivekananda: EPFO Cautions PF Commissioners Against Roving Inquiries
On 28 August 2019, the EPFO issued a notice in relation to inquiries initiated / sought to be initiated by authorities under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ...
3 Sep 2019
Liquidation Waterfall: NCLAT Rules Against Inclusion Of Social Security Dues Under ‘Workmen's Dues'
In State Bank of India v Moser Baer Karamchari Union [Company Appeal (AT) (Insolvency) Number 396 of 2019] (Moser Baer), the National Company Law Appellate Tribunal, New Delhi (NCLAT), ...
30 Aug 2019
Delhi High Court Yet Again Calls For Accountability From E-Commerce Platforms.
The Single Judge of the Delhi High Court, Justice Pratibha Singh, has recently passed a detailed order on the role, responsibility and accountability of intermediaries and held that the e-commerce platforms are bound ...
30 Aug 2019
Monetary Thresholds For Filing Of Appeals By The Income-Tax Department Further Enhanced
This is in furtherance to our Ergo Updates dated 23 July 2018 and 28 August 2018, on monetary limits for filing of appeal by the Income-tax department (Department).
21 Aug 2019
NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
14 Aug 2019
Supreme Court Decides The Fate Of Landholders Affected By The ULC Exemption Orders:
The Urban Land (Ceiling and Regulation) Act, 1976 was enacted to prevent concentration of urban properties in the hands of a few and to ensure equitable distribution / utilization of urban vacant lands.
14 Aug 2019
Delhi High Court Critiques Bare Denials And Decrees A Suit, Finding Suzuki A Well-Known Mark
In its latest judgment on trade mark infringement, the Delhi High Court in the case of Suzuki Motor v Suzuki (India) Limited, passed a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908 ...
5 Aug 2019
Benami Transactions' Prohibition Law Amendment Is Prospective, Holds Rajasthan High Court
In a batch of writ petitions (Civil Writ Petition No. 2915/2019 and others), the Hon'ble Rajasthan High Court has held that the Benami Transactions (Prohibition) Amendment Act, 2016 is prospective in nature ...
29 Jul 2019
Supreme Court Revisits The Scope And Ambit Of The Definition Of Employee Under The EPF Act
This is likely to be the judicial trend and thus, employers need to be careful when they engage independent workmen for getting work done. This
29 Jul 2019
The Delhi HC Upholds The Validity Of Final Orders Of The CCI Passed In The Absence Of A Judicial Member
The High Court of Delhi (High Court), in an important decision in CADD Systems and Services Private Limited v Competition Commission of India [Writ Petition (Civil) No 6661 of 2019)] dated 17 July 2019, ...
26 Jul 2019
Would The Chit Funds Act, 1982, Being A Self-Contained Code, Prevail Over The Provisions Of The Arbitration And Conciliation Act,1996?
One Mr Harish Pujary, the brother of the Petitioner, was a member of the chit group of the Respondent.
12 Jul 2019
Demolition - A Limitation On Architect's Moral Rights
This writ was also dismissed. Rewal then preferred an appeal. While this appeal was pending hearing, ITPO started demolishing the Hall.
10 Jul 2019
Bombay High Court: Mandatory Timeline For Filing Written Statement In 120 Days Under CPC Not Applicable To ‘Transferred' Commercial Suits
It is now to be seen whether such discretion would be used positively or negatively by the Courts while deciding on the timeline to file a written statement in Transferred Commercial Suits.
19 Jun 2019
Supreme Court To Clarify The Position Relating To Arrest Provisions Under GST
The Hon'ble Supreme Court, vide its order dated 29 May 2019, while refusing to interfere with the order of the Bombay High Court, has held that the position regarding the arrest provisions under Central Goods and Services Tax Act, 2017 ...
5 Jun 2019
Contempt In An Intellectual Property Dispute Can Land One In Prison
In Cargil India Private Limited v M/s. M.M. Oil Enterprises (Notice of Motion No 1107 of 2019 in COMIP No. 425 of 2017), the Bombay High Court (Court) has once again passed a notable order whereby the Court imposed a sentence ...
4 Jun 2019
High Court Of Orissa Allows Input Tax Credit On Goods And Services Used For Construction Of Immovable Property
The Hon'ble High Court of Orissa, vide its order dated 17 April 2019, in in Safari Retreats Private Limited v Chief Commissioner of Central Goods & Service Tax [W.P. (C) 20463 of 2018], has allowed availment of ITC...
31 May 2019
Competition Law - April 2019
The Competition Commission of India (CCI) closed a case involving allegations of Resale Price Maintenance (RPM) against Kaff Appliances (India) Private Limited (Kaff).
12 Apr 2019
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