APPELLATE TRIBUNAL
Surging mkts: CJI Chandrachud advises SEBI, SAT to be cautious, pitches for more tribunal benches
Chief Justice of India, D Y Chandrachud, emphasized the need for caution from SEBI and SAT amid rising equity markets, advocating for more tribunal benches to handle increased workloads. At the new SAT premises' inauguration, he highlighted the importance of maintaining stability and assured investment protections to foster economic growth.
Supernova insolvency case: NCLAT to wait for lenders' decision on settlement offer from Supertech Realtors
Insolvency appellate tribunal NCLAT on Wednesday said it will wait for the decision of lenders on a revised settlement offer by Supertech Realtors, which is developing a residential apartment, offices, retail and luxury hotels at its Supernova project. NCLAT also directed the Interim Resolution Professional (IRP) not to constitute a Committee of Creditors. However, it said the construction work for the project would be continued under the supervision of IRP.
Process to pick GSTAT judicial and tech members to start after Budget
Sanjay Malhotra's panel progresses GSTAT selection with an advanced appeals portal. Mishra heads GSTAT amid delays, critiqued by Mathews. GST Council sets time and monetary limits for cases, enhancing tribunal functionality.
Jaypee Associates offers improved settlement terms to its lenders
The debt-ridden construction and infrastructure company - which was admitted for insolvency resolution proceedings earlier this month - informed the National Company Law Appellate Tribunal (NCLAT) on Monday that it has revised its offer after the appellate tribunal asked it to consider a higher amount of deposit.
GST Council fixes monetary limit for filing of appeals before various legal forums
The Council has also recommended that the maximum amount for pre-deposit for filing appeal before the appellate authority be reduced from Rs 25 crore CGST and Rs 25 crore SGST to Rs 20 crore CGST and Rs 20 crore SGST, she said. The Finance Minister also informed that services provided by the Indian railways like sale of platform tickets, facility of retiring rooms, waiting rooms, are exempted from GST.
SC stays NCLAT's order initiating insolvency proceedings against Purvanchal Vidyut Vitran Nigam
A vacation Bench of Justice Sanjay Kumar and Justice Augustine George Masish also issued a notice to its operational creditor S.R.V. Techno Engineering and posted the matter for further hearing on July 26.
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Suraksha Group injects ₹125 crore to revive stalled Jaypee projects
The Suraksha Group has infused ₹125 crore into Jaypee Infratech to speed up construction, bringing hope to over 20,000 homebuyers. This investment, part of the approved resolution plan, aims to kickstart construction and ensure timely completion. The National Company Law Appellate Tribunal (NCLAT) recently approved Suraksha's plan, directing compensation of ₹1,335 crore to YEIDA over four years for the benefit of farmers. Suraksha's plan also includes appointments to the JIL board and commitments to address homebuyer concerns.
Suspended board of Jaiprakash Associates moves NCLAT, challenges insolvency proceedings
Jaiprakash Associates' suspended board challenged NCLT's order for insolvency proceedings, with the matter listed before NCLAT. NCLT admitted ICICI Bank's plea on June 3, appointing Bhuvan Madan as Interim Resolution Professional. Despite JAL's claims of liquidity crunch and asset-rich status, NCLT upheld the insolvency decision. The tribunal also dismissed JAL's objections regarding debt restructuring and asset transfers.
Appellate tribunal quashes ED attachment of Praful Patel's assets worth Rs 179 crore
Delhi appellate tribunal sets aside ED's Rs 179 crore property attachment related to NCP leader Praful Patel and wife Varsha, citing 'double attachment' against legal principles.
NCLAT dismisses appeal by investors against Byju’s
The National Company Law Appellate Tribunal has rejected an appeal filed by a group of investors of Byju’s seeking intervention in the case between the two parties in the National Company Law Tribunal (NCLT). These investors had requested an order to halt the ongoing proceedings at the NCLT’s Bengaluru bench.
Insolvency proceedings ordered against Jaiprakash Associates; these Jaypee homebuyers won't be impacted
Jaypee home buyers: Jaiprakash Associates Ltd (JAL) is currently in the process of insolvency proceedings, and an appointed resolution professional by the NCLT will now assume control. As per a news report from the Times of India, the board, previously led by the Gaurs, will cease to function.
Brett Lee granted tax relief by ITAT due to invalid notice service
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) provided relief to former Australian cricketer Brett Lee in a tax case, ruling that the notice served to him under the Income Tax Act was beyond the limitation period. The case involved a ₹3 crore endorsement fee received by Lee for the assessment year 2013-14 from three Indian entities. The tribunal found that the notice, sent a day before the deadline and to the wrong email address, was invalid. As a result, the assessment order was quashed.
SC dismisses Adisri Commercial's appeal against insolvency proceedings on SREI Firms
The Supreme Court dismissed Adisri Commercial's appeal against the admission of insolvency proceedings against SREI Infrastructure Finance (SIFL) and SREI Equipment Finance (SEFL), imposing a cost of Rs one lakh for filing a frivolous petition. Upholding the National Company Law Appellate Tribunal's (NCLAT) decision, the court rejected Adisri Commercial's petition seeking to quash the Corporate Insolvency Resolution Process (CIRP) initiated against the two SREI companies
Hope for 20,000 homebuyers! Suraksha Group set to take over Jaypee Infratech in a boost for Noida's Wish Town project
Suraksha Group, having had its resolution plan for Jaypee Infratech Limited (JIL) approved by the NCLAT, is set to take control of the company following a meeting next week. This development brings the group closer to restarting construction on nine stalled projects in Noida's Wish Town and other areas, offering renewed hope to 20,000 buyers who invested in flats 15-20 years ago.
IBC rescued 3,171 distressed companies in eight years: Sitharaman
Finance minister Nirmala Sitharaman on Thursday said the Insolvency and Bankruptcy Code (IBC) has rescued 3,171 distressed companies and assisted in the shutdown of unviable firms since its introduction eight years ago. This is a marked improvement from the resolution of stress in less than 3,500 firms under the erstwhile Board of Industrial and Financial Reconstruction (BIFR) regime in 30 years, she said, pitching the IBC as a landmark piece of legislation.
Jet Airways Insolvency: Tribunal junks JKC request to transfer Rs 200 crore
The Jalan Kalrock Consortium (JKC), the successful bidder for grounded Jet Airways, withdrew its plea to move Rs 200 crore paid to lenders to an escrow account after the National Company Law Appellate Tribunal (NCLAT) refused to provide relief. The NCLAT bench, headed by Justice Ashok Bhushan, stated the matter is already before the Supreme Court. The consortium chose to withdraw its plea, citing ongoing disagreements between lenders and consortiums.
NCLAT upholds Adani Goodhomes bid with 93% haircut for Radius Estate
The Insolvency Appellate Tribunal NCLAT upheld its Adani Goodhomes' resolution plan for Radius Estate. NCLAT rejected petitions from two dissenting financial creditors, and approved the plan to provide possession to nearly 700 flat owners without price escalation. The plan was opposed by Beacon Trusteeship and ICICI Prudential Venture Capital Fund Real Estate, who claimed it was unfair, but NCLAT affirmed the Commercial Creditors' Committee's decision.
Date of house possession key for tax benefit under section 54 says ITAT; all you need to know
Section 54 tax benefit: The Mumbai bench of the Income-tax Appellate Tribunal (ITAT) clarified that the date of possession is crucial for claiming a tax benefit under section 54 of the Income-tax Act. This ruling highlights the importance of timely investment in a new house to reduce tax liability on profits from selling an old property.
Minority shareholders question Bharti Telecom's plan to cut capital
The shareholders' counsel, in a submission before the National Company Law Appellate Tribunal (NCLAT), on Tuesday argued that the price offered by Bharti Telecom to shareholders for buying back their shares at ₹196 per equity share was significantly lower than the prevailing market rate. The counsel said five months before the capital reduction scheme, Bharti Telecom had issued shares at ₹310 to SingTel Group.
NCLAT lifts lien on IL&FS Transportation
NCLAT orders lifting of lien on ITNL's account, deeming Maharashtra tax department's attachment contrary to previous decision. PNB seeks interim distribution of Rs 12 crore from ITNL's account towards debt, allowing IL&FS board to consider fund distribution.
Taxpayer is entitled to claim benefit of exempted income in revised ITR if it is filed within the deadline
Income tax return: The Supreme Court of India has refused to accept a petition wherein the tax department's assessing officer (AO) contested that a individual be denied the benefit of exempted income which he claimed by filing a revised ITR. The reason behind this denial was that the AO received information from 'entry operators'.
HC quashes penalty order issued to Tata Chemicals and others over 'substandard iodized salt'
The Nagpur bench of the Bombay High Court has overturned a 2016 ruling by the Food Safety Appellate Tribunal in Maharashtra's Buldhana, which penalized Tata Chemicals Limited and others for allegedly producing and selling substandard iodized salt. Justice Anil L Pansare directed the FSSAI to ensure procedural compliance and transparency going forward.
Bankruptcy court admits insolvency plea against listed firm India Steel Works
The Mumbai NCLT admits India Steel Works Ltd for insolvency resolution following an application by Stecol International Pvt Ltd. Vallabh N Sawana appointed as interim resolution professional. India Steel Works plans to appeal at NCLAT for urgent relief. Tribunal prohibits legal actions against India Steel Works, restraining asset disposal. Stecol International approached NCLT after India Steel Works defaulted on dues of Rs 2.6 crore.
CCI unable to prove market dominance, Google tells NCLAT
Google argued before the National Company Law Appellate Tribunal (NCLAT) that the Competition Commission of India (CCI) order, which imposed a penalty of Rs 936 crore on the company, was vague and excessive. The company contended that the regulator failed to provide evidence that Google's policies had harmed competition.
Google contends its app store doesn't abuse dominance
Google defended its Google Play Store at the National Company Law Appellate Tribunal, asserting it didn't engage in anti-competitive behavior or misuse its dominance. The counsel for Alphabet Inc argued the store provided users and developers with options and played a vital role without qualifying as a gatekeeper under Indian regulations.
Centre approves appointment of Sanjaya Kumar Mishra as President, GSTAT
The Appointment committee of Cabinet has approved the appointment of Sanjaya Kumar Mishra, former Chief Justice, Jharkhand High Court as President GST Appellate Tribunal (GSTAT) for 4 years.
DLF Urban gets ITAT relief in ₹328cr dispute
Delhi ITAT grants DLF Urban relief, rejecting ₹328 crore addition. Property valued via Cushman and Wakefield for Moti Nagar land development rights. TPO's adjustment upheld by Commissioner regarding transfer pricing.
NCLAT rejects insolvency plea against Parsvnath Landmark Developers
The National Company Law Appellate Tribunal (NCLAT) has dismissed a plea by four unit buyers of Parsvnath Landmark Developers to initiate insolvency proceedings against the subsidiary. The tribunal upheld the Principal bench's decision, which rejected the plea on technical grounds due to the small number of petitioners.
Penny stocks linked tax evasion: Tax dept may take you to court and tribunal for bogus transactions
Penny stocks: The income tax department can now file appeal in tribunals and court if you are found to be using penny stocks or accommodation entries or both to evade taxes. Earlier the tax department could file such appeals only if the tax effect crossed certain thresholds, however now these cases are to be taken on merit irrespective of the tax effect amount.
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