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Bank cannot withdraw One-Time Settlement offer after acceptance by borrower

September 22, 2022 5793 Views 0 comment Print

HC Held that respondent-bank (SIDBI) cannot withdraw from offer of One-time Settlement which is already accepted by the petitioner/ borrower.

Trademark dispute: Ex-parte order of ad-interim injunction unjustified

September 22, 2022 6411 Views 0 comment Print

Held that ex parte order of ad interim injunction granted before notice to opposite party under the proviso to Rule 3 of Order XXXIX C.P.C.. cannot be treated at part with other ex parte orders/decree.

Ad-interim injunction provided against the use of name TATA

September 22, 2022 468 Views 0 comment Print

Held that ad-interim injunction provided from the use of TATA in website tatabonus.com; crypto products by the name of $TATA or any other product being sold on the website www.hakunamatata.finance.

Bench strength is determinative of binding nature of judgement: SC

September 22, 2022 1710 Views 0 comment Print

SC Held that the numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment.

Admitting claim of financial creditors without scrutinizing Form C documents is untenable

September 22, 2022 1689 Views 0 comment Print

Held that the voting share in the CoC is extremely relevant and important element in the CIRP. Resolution Professional needs to verify and scrutinize the documents submitted with Form C before admitting/ accepting claim of financial creditors.

Limitation provision applicable for initiation of CIRP in spite of initiation of winding up proceeding

September 22, 2022 465 Views 0 comment Print

Held that the initiation of winding up proceedings in Madras High Court would not save limitation for initiation of proceedings for initiation of CIRP in the NCLT under Section 7 of the IBC.

Penalty u/s 112(a) imposed on customs broker as importer of undeclared/ undervalued goods not traceable

September 21, 2022 2814 Views 0 comment Print

Held that penalty u/s 112(a) imposed on customs broker is justified as importer of undeclared goods and undervalued goods is not traceable and the address as well as GST registration reflected in the documents are found to be fake.

Taxable services rendered for transmission of electricity are exempt

September 21, 2022 1719 Views 0 comment Print

Held that benefit of exemption under notification dated 20.07.2010 is available if the taxable services are rendered for transmission/ distribution of electricity.

Capital gain cannot be taxed till property gets actually transferred as per agreement

September 21, 2022 3126 Views 0 comment Print

Held that as per agreement, the assessee will hand over physical possession of the property only after the purchaser obtains Intimation of Disapproval. Hence, till the property is not transferred as per the terms of agreement, capital gain on the same cannot be taxed.

Customs Penalty u/s 112(b) unsustainable as appellant not dealt physically with alleged goods

September 21, 2022 1350 Views 0 comment Print

Held that penalty under Section 112(b) of the Customs Act cannot be imposed if the assessee has not dealt with or transported goods physically in any manner.

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