NCLAT Delhi held that possession of unit by virtue of section 53A of the Transfer of Property Act is not admissible in case the agreement to sell is unregistered. Accordingly, sale consideration paid is directed to be refunded.
NCLAT Delhi held that application for intervention filed under section 59(7) of the Insolvency and Bankruptcy Code, 2016 [IBC] beyond the period of limitation of three years is time barred.
Orissa High Court entertained writ invoking extraordinary jurisdiction under Article 226 and 227 of the Constitution since tax is being assessed twice on the same transaction and double taxation is prohibited. Accordingly, order set aside.
Calcutta High Court held that application u/s. 34 of the Arbitration and Conciliation Act, 1996 decided by Court exercising ordinary original civil jurisdiction and not a Commercial Court inasmuch as the dispute between the parties is a commercial dispute is without jurisdiction.
Telangana High Court held that initiation of reassessment proceeding by issuance of notice without following faceless procedure is bad-in-law. Accordingly, notice issued u/s. 148A and section 148 of the Income Tax Act cannot be sustained.
CESTAT Mumbai held that unreported cenvat credit doesn’t lapse merely the same is not shown in ST-3 return. Thus, denomination as anything other than procedural lapse in not reporting the existence of such credit, the impugned order cannot survive.
Jharkhand High Court held that nature of allegations of disproportionate assets beyond known source of income, corruption and various illegal action against Hon’ble Member of Parliament cannot be said to be Public Interest Litigation. Accordingly, writ dismissed.
ITAT Mumbai held that addition under section 68 towards unsecured loans merely relying on retracted statement cannot be sustained. Accordingly, order of CIT(A) upheld and appeal of revenue is dismissed.
The Bombay High Court directs MahaRERA to restore hybrid hearings and create transparent processes, citing a Supreme Court precedent on access to justice.
The Rajasthan High Court dismisses a writ petition by a tenant, upholding an eviction order based on a landlord’s bona fide need for the property.
