Latest Judgements

Automatic vacation of stay granted by ITAT after the expiry of 365 days is unconstitutional: SC Case Details: DCIT V/s Pepsi Foods Ltd. The Supreme Court has held that the object of the third proviso to Section 254 (2A) is an automatic vacation of a stay that has been granted on the completion of 365 days. This automatic  vacation is  granted even if the assessee is not responsible for the delay caused in hearing the appeal. Such object is being...

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NOS. 496-509 OF 2020 UNION OF INDIA AND OTHERS ..... PETITIONERS(S) VERSUS AGRICAS LLP AND OTHERS ETC. ..... RESPONDENT(S) W I T H TRANSFER PETITION (CIVIL) NO. OF 2020 (DIARY NO. 8823 OF 2020) J U D G M E N T SANJIV KHANNA, J. Applications seeking intervention/impleadment are allowed. Conclusion Accordingly, we uphold the impugned notifications and the trade notices and reject the challenge made by the...

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAIAPPEAL NO. 1/2001 In the matter of: R.K. Agarwal                                                          Appellant Vs. Securities and Exchange Board of India             Respondent APPEARANCE None for the Appellant Mr. K.R.C.V. Seshachalam Asst. Legal Adviser, SEBI                                       for the Respondent (Appeal arising out of the order dated 3.11.2000 made by the Chairman, Securities and Exchange Board of India) ORDER In the present appeal, the Appellant has challenged the order dated 3.11.2000 made by the Chairman, Securities and Exchange Board of India, whereby...

Ganesh Santa Ram Sirur Vs. State Bank of India & Anr. (2005) 1 SCC 13   Service Law - Dishonest sanction of loan -Removal from service - Held, Sanctioning of loan by a bank manager to his spouse in contravention of service rules not an honest decision and therefore punishment of removal from service is just and proper. Natural Justice - Personal hearing – Held, principles of natural justice cannot be put in a straitjacket – Where relevant service rule...

BIS Judgements List SN CAD Ref. No. Manufacturers Name & Address Product on which misuse of ISI Mark was detected Judgement given by the court Fine imposed by the court (Rs) 1. 1569 Tulsi Light House Pithapur Road, Cuttack, Orrisa Synthetic Rubber Tube for LPG Judgement Order copy 8000 2. 1992 Himani Beverages Krishna Nagar, Bharatpur, Rajasthan Packaged Drinking Water Judgement Order copy 10000 3. 2226 Rayalaseema Industries (I) Pvt. Ltd. Sy. No. 115/2/A/A, Theegapur )V) IDA, Kothur-509002, Mahaboobnagar, Andhra...

2013 (4) ECS (166) (Tri – Ahd) CUSTOMS, EXCISE & SERVICE TAXAPPELLATE TRIBUNAL WEST ZONAL BENCH, AHMEDABAD COURT M/s Crystal Polymers Impex Vs. Commissioner of Customs, Kandla Appeal No.:               C/274, 275, 276, 277 & 385/2008 - SM Arising out of :           OIO No. KDL/COMMR/16/2008 dated 31.3.2008 Passed by :                              Commissioner of Customs, Kandla Represented by : Shri Rama Rao, Advocate                                                  For the appellant Shri K.J. Kinariwalla, A.R.                                                   For the respondent CORAM: MR. H.K. THAKUR, HON’BLE MEMBER (Technical) Date of Hearing:...

ARUNA OSWAL Vs. PANKAJ OSWAL & ORS Supreme Court Provision: According to Section 72 of the Companies Act, 2013 every holder of securities has a right to nominate any person to whom his securities shall “vest” in the event of his death. Section 72(3) overrides anything contained in any other law in force or any disposition, whether testamentary or otherwise, where a nomination is validly made in the prescribed manner. Once shares vest in a nominee, he becomes absolute owner...

No recovery proceeding to be initiated for interest amount under GST without any adjudication proceedings Mahadeo Construction Co. Vs Union of India  Gist of Case : The assessee was served with a letter issued by Superintendent of Goods and Services Tax and Central Excise directing the assessee to pay interest amounting to Rs.19,59,721 due to delay in filing of return in Form GSTR-3B for the months of February and March, 2018. The revenue authorities further initiated recovery proceedings of interest...