Tax Monthly Digest: October 2024

1. Kerala High Court Strikes Down Rule 96(10) of CGST Rules Retrospectively, Finds Them Ultra Vires To CGST Act The Kerala High Court struck down Rule 96(10) of the Central Goods and Service Tax Rules holding that it was ultra vires to the Section 16 of the Integrated Goods and Service Tax Act and was manifestly arbitrary. Justice P. Gopinath noted that Section 16 has not imposed any restriction in availing refund of taxes paid on input goods and input services or claiming refund of...

IBC Weekly Digest: 4th November To 10th November 2024

NOMINAL INDEX Noida Special Economic Zone Authority Vs. Manish Agarwal & Ors., CIVIL APPEAL NOS. 5918-5919 OF 2022, 2024 LiveLaw (SC) 858STATE BANK OF INDIA AND ORS. Versus THE CONSORTIUM OF MR. MURARI LAL JALAN AND MR. FLORIAN FRITSCH AND ANR.| C.A. No. 5023-5024/2024 and Connected, 2024 LiveLaw (SC) 866Pratham Expofab Private Limited v. Mr. Anil Matta, Resolution Professional and Ors., Company Appeal (AT) (Insolvency) No. 1803 of 2024 Sandip Narendrakumar Patel...

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a condition precedent for seeking a stay on the...

Arbitration Monthly Digest: October 2024

Supreme Court Arbitral Award Must Carry Post-Award Interest As Per S. 31(7)(b) : Supreme Court Case Title: R.P. GARG VERSUS THE CHIEF GENERAL MANAGER, TELECOM DEPARTMENT & ORS., CIVIL APPEAL NO. 10472 OF 2024 Citation : 2024 LiveLaw (SC) 794 The Supreme Court held that the post-award period shall carry a rate of interest decided as per Section 31(7)(b) of the Arbitration & Conciliation Act, 1996 (Arbitration Act). “For the reasons to follow, while allowing the appeal...

Monthly Digest Of IBC Cases: October 2024

SUPREME COURT 'Breaches Discipline Of Law Laid Down In IBC' : Supreme Court Disapproves Of HC Deferring CIRP Under Article 226 Case Title: CoC of KSK Mahanadi Power Company Ltd. v. Uttar Pradesh Power Corporation Ltd. and Ors. Citation : 2024 LiveLaw (SC) 815 The Supreme Court recently took exception to the Telangana High Court ordering the deferring of the Corporate Insolvency Resolution Process in the exercise of powers under Article 226 of the Constitution. The Bench of ...

IBC Quarterly Digest: July To September 2024

Supreme CourtFree Copy Of NCLT Order & Copy Of Order Obtained On Paying Cost Are 'Certified Copies' For Filing NCLAT Appeal : Supreme CourtCase Title: State Bank of India v. India Power Corporation Ltd Citation: 2024 LiveLaw (SC) 766The Supreme Court today (September 27) set aside an order of the National Company Law Appellate Tribunal (NCLAT) which refused to condone delay in filling an appeal because of the filling of a 'free copy' of the impugned order. The bench of CJI DY Chandrachud and...

IBC Cases Weekly Round Up: 21st October To 27th October 2024

NOMINAL INDEXGLAS TRUST COMPANY LLC Vs BYJU RAVEENDRAN | Diary No. - 35406/2024, 2024 LiveLaw (SC) 826VIDYASAGAR PRASAD VERSUS UCO BANK & ANR., 2024 LiveLaw (SC) 825GLAS TRUST COMPANY LLC Vs BYJU RAVEENDRAN | Diary No. - 35406/2024, 2024 LiveLaw (SC) 826Maha Mineral Mining and Benefication Private v. Gram Panchayat, Gowari, 2024:BHC-NAG:11478-DBMajor Atul Dev (Retd.) & Ors. vs. Union of India, Ministry of Corporate Affairs Through Regional Director (North Region) & Ors., Company...

IBC Cases Weekly Round Up: 13th October To 20th October 2024

Nominal IndexCoC of KSK Mahanadi Power Company Ltd. v. Uttar Pradesh Power Corporation Ltd. and Ors., 2024 LiveLaw (SC) 815 Orissa Manganese & Minerals Ltd. v. State of Odisha and Ors., W.P.(C) No. 1497 of 2024 with W.P. (C) No. 2304 of 2024 and W.P.(C) No. 2307 of 2024 Kher Nagar Sukhsadan Co-operative Housing Society Ltd. v. State of Maharashtra & Ors., Writ Petition No. 3893 of 2024 Buoyant Technology Constellations Pvt. Ltd. vs. Manyata Realty & Ors.,WRIT APPEAL NO.498 OF 2024...

Quarterly Digest Of Arbitration Cases (July-September 2024)

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw (SC) 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday (July 8) called upon the Bar to urge only the legally permissible grounds in the arbitration proceedings...

Monthly Digest of IBC Cases: September 2024

Supreme CourtStakeholders Consultation Committee's Advice Not Binding On Liquidator: Supreme CourtCase Title: V.S. Palanivel v. P. Sriram CS Liquidator etc, Civil Appeal Nos. 9059-9061 of 2022 Citation: 2024 LiveLaw (SC) 662The Supreme Court clarified that the advice offered by the Stakeholders Consultation Committee (SCC) constituted in liquidation proceedings is not binding on the Liquidator. IBC| Timeline To Pay Balance Sale Consideration By Auction Purchaser In Liquidation Proceedings...

Weekly Digest Of IBC Cases: October 7th To October 13th, 2024

Nominal Index Mr. Vikash Gautamchand Jain RP of Kethos Tiles Pvt. Ltd., Company Appeal (AT) (Insolvency) No. 1173 of 2024 & I.A. No. 4190, 4191 of 2024 with Company Appeal (AT) (Insolvency) No. 1323 of 2024 Vantage Point Asset Management Pte. vs. Ashish Arjunkumar Rathi & Anr., Company Appeal (AT) (Insolvency) No. 1619 & 1620 of 2024 with Company Appeal (AT) (Insolvency) No. 1621 & 1622 of 2024 with Company Appeal (AT) (Insolvency) No. 1696 & 1697 of 2024 Mr. Paresh Parekh...

Weekly Digest Of IBC Cases: 1st October To 7th October 2024

Nominal Index 1. Tushar Sharma v. State Bank of India, Cr. MMO No. 924 of 2023 2. Gateway Investment Management Services Ltd. v. Reserve Bank of India and Ors., 2024 LiveLaw (Del) 1092 3. Su-Kam Power System Ltd. and Anr. v. State of Himachal Pradesh and Ors., CWP No.422 of 2024 4. M/S Patanjali Foods Limited (Formerly Ruchi Soya Industries Limited) v. Commissioner of Customs, CSTA No. 4 of 2024 5. Gujarat Urja Vikas Nigam Limited v. Mr. Udayraj...