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SVLDRS eligible if duty demand quantified on or before 30.06.2019

August 9, 2022 780 Views 0 comment Print

Held that in cases under audit, SVLDRS is eligible if the duty demand is quantified on or before 30th June 2019. As the draft of Minutes of the Managing Committee prepared by June 2019, amount of duty quantified before 30th June 2019. Accordingly, SVLDRS eligible.

Dispute of ESOP is referable to arbitration

August 9, 2022 1644 Views 0 comment Print

Held that dispute in respect of ESOP which forms part of the Employment Agreement, would be referable to arbitration as provided in Clause 21 of ESOP.

Contract employee are also entitled to maternity leave: HC

August 9, 2022 29274 Views 0 comment Print

Government of Kerala has extended the benefit of maternity leave to employees appointed on contract basis irrespective of the tenure.

Customs: Objection to sanction for prospection for corruption is to be raised during trial

August 9, 2022 822 Views 0 comment Print

Held that invalidity of sanction is different from absence of sanction and the point is to be raised during the trial.

Arbitral tribunal cannot review but can vacate/ modify the order

August 8, 2022 3846 Views 1 comment Print

Held that TDI was not seeking a review, but rather, a discharge/ modification of the conditions prescribed in the said interim order. Accordingly, Arbitral Tribunal was entitled to exercise the said option, having regard to the principles enshrined under Order XXXIX Rule 4 of CPC.

Cenvat credit on input services received in SEZ unit available

August 8, 2022 795 Views 0 comment Print

Held that option is available to the appellant to claim cenvat credit on service tax paid on input services received in its SEZ units instead of claiming benefit of exemption notification.

Application for revised resolution plan rejected post 330 days in CIRP

August 8, 2022 1500 Views 0 comment Print

Held that the Adjudicating Authority has not erred in passing the Impugned Order rejecting the revised resolution plan due to lapse of stipulated time period of more than 330 days in CIRP.

Loan given to shareholder not a deemed dividend

August 8, 2022 3972 Views 0 comment Print

Held that if a loan or advance is given to a shareholder as a consequence of any consideration which is beneficial to the company, in such a case, the advance or loan cannot be said to be a deemed dividend.

Excise not payable on freight paid towards transportation of goods from place of removal to buyer’s premises

August 6, 2022 1230 Views 0 comment Print

Held that freight incurred from the place of removal to the buyer’s premises is not includible in the assessable value and accordingly excise is not payable on the same.

Pre-arrest bail not granted in socio-economic offence

August 6, 2022 1047 Views 0 comment Print

Held that keeping in view the gravity of the crime, it being socio-economic offence, petitioner is not entitled for pre-arrest bail.

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