The issue concerned the maintainability of a class action petition under the Companies Act. The SC, acting on the parties’ consent, referred the disputes to arbitration and set aside the NCLT and NCLAT orders while leaving all issues open.
The issue was whether Section 245 of the Companies Act applies only to continuing acts. The NCLAT held that claims involving damages and compensation may encompass past transactions, allowing class actions to proceed in appropriate cases.
The issue involved rejection of a delayed revocation application for cancelled GST registration. The Telangana High Court held that a non-speaking order without proper consideration of the delay explanation cannot stand and directed fresh adjudication.
The issue involved delay in disposal of a rectification application filed against a GST order. The Telangana High Court directed the proper officer to decide the application within two weeks in accordance with law.
The issue was whether a taxpayer could directly invoke writ jurisdiction claiming that a GST show cause notice and order were merely uploaded on the GST portal and not properly communicated.
Despite repeated opportunities, the tax department failed to provide instructions regarding recovery made before the appeal window closed. The Court disposed of the matter by allowing a refund application and ordering a time-bound decision by the tax authority.
The ruling held that ITC on QIP-related services was available only to the extent the funds were used for repayment of borrowings. Credit was denied for the portion linked to investment in a subsidiary due to the absence of a direct nexus with the taxpayer’s business.
The Authority held that electricity transferred to the DISCOM grid constituted a supply under GST. Since electricity attracted a nil rate of tax, ITC on solar plant-related expenses was denied.
Uttarakhand AAR held that services relating to municipal water supply functions qualified for GST exemption under Notification No. 12/2017. The ruling clarifies how Article 243W functions influence tax treatment.
The dispute concerned whether dividend received on capital reduction by a foreign subsidiary could trigger restrictions under Section 115BBDA. ITAT held that the statutory conditions of Section 115BBDA were not satisfied, and therefore the assessment order could not be treated as erroneous or prejudicial to revenue.
