Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 be taken on the basis of a complaint filed before the expiry of the period of 15 days stipulated in the notice required to be served upon the drawer of the cheque in terms of Section 138(c) of the Act aforementioned?
SC held that an appeal being the continuation of original proceedings, the provision of section 7(5)(b) of IBC Code, for intimating the Financial Creditor (FC) before rejection of a claim, would be attracted.
Held that the liability under Section 138/141 of the NI Act arises from being in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed, and not on the basis of merely holding a designation or office in a company.
National Company Law Tribunal Bar Association Vs Union of India (Supreme Court) The petitioner contends that the notification S.O. 3412 (E) dated 20 September 2019 issued by the Ministry of Corporate Affairs appointing 28 candidates as Members of the National Company Law Tribunal for a tenure of three years is contrary to the provisions of Section […]
Supreme Court Held that right to damage itself is extinguished, provisions of the Limitation Act have no application.
SC held that Service Tax cannot be levied again on antivirus software sold in Compact Disc even if free updates provided later on and also, artificial segregation of the transaction, into two parts is not tenable in law.
Held that service tax on works contract is leviable only from 1st June 2007. Prior to that there was no concept of works contract under the Finance Act, 1994.
SC held that books of account of a company could not be treated as acknowledgement of liability in respect of debt payable to a Financial Creditor (FC)
SC of the opinion that multiplicity of the proceedings will not be in the larger public interest. We may hasten to add that the concerned States have no objection for abiding with such dispensation.
SC directs GST Council to issue advisories to all the States for implementation of Document Identification No (DIN) in Indirect Tax administration. The Court has also directed all the States to implement the system of DIN at the earliest.
