All Tribunals Case Commentaries

Enforceability of Loan Agreement Interest Clauses: Insights from State Bank of India v. N.K. Sharma

Date: Jan 5, 2012

Enforceability of Loan Agreement Interest Clauses: Insights from State Bank of India v. N.K. Sharma Introduction State Bank of India v. N.K. Sharma is a landmark judgment delivered by the National...

Prioritizing Insurer-Appointed Surveyors: Insights from H.C. Saxena v. New India Assurance Co.

Date: Jan 4, 2012

Prioritizing Insurer-Appointed Surveyors: Insights from H.C. Saxena v. New India Assurance Co. Introduction The case of H.C. Saxena v. New India Assurance Co. adjudicated by the National Consumer...

Tariff Fixation Post-Electricity Act 2003: Precedent in Tamil Nadu Newsprint v. Tamil Nadu Electricity Board

Date: Jan 4, 2012

Tariff Fixation Post-Electricity Act 2003: Precedent in Tamil Nadu Newsprint v. Tamil Nadu Electricity Board Introduction The case Tamil Nadu Newsprint and Papers Limited v. Tamil Nadu Electricity...

Appeals Against Central Government's Forest Clearances Limited under NGT Act: Vimal Bhai Ors v. Uoi Ors.

Date: Jan 2, 2012

Appeals Against Central Government's Forest Clearances Limited under NGT Act: Vimal Bhai Ors v. Uoi Ors. Introduction The case of Vimal Bhai Ors v. Uoi Ors. was adjudicated by the National Green...

Preservation of Natural Justice and Burden of Proof in Tax Assessment: Analysis of Smt. Sunita Dhadda vs DCIT Central Circle-2 Jaipur

Date: Dec 31, 2011

Preservation of Natural Justice and Burden of Proof in Tax Assessment: Analysis of Smt. Sunita Dhadda vs DCIT Central Circle-2 Jaipur 1. Introduction The case of Smt. Sunita Dhadda vs. The DCIT...

CERC Establishes Comprehensive Guidelines for Transmission Tariff Determination: Power Grid Corp. v. MPPower Trading

Date: Dec 31, 2011

Reaffirmation and Clarification of Transmission Tariff Components under CERC Regulations: Power Grid Corporation v. Madhya Pradesh Power Trading Company Introduction The case of Power Grid...

Barred Application Under Section 245R(2) in Offshore Supply Contracts: NPCIL v. Commissioner of Income-Tax

Date: Dec 22, 2011

Barred Application Under Section 245R(2) in Offshore Supply Contracts: NPCIL v. Commissioner of Income-Tax Introduction The case of Nuclear Power Corporation Of India Ltd. (NPCIL) v. Commissioner Of...

Establishing Credibility of Share Applicants: Insights from Cit v. Gangeshwari Metal P. Ltd.

Date: Dec 20, 2011

Establishing Credibility of Share Applicants: Insights from CIT v. Gangeshwari Metal P. Ltd. Introduction The case of CIT v. Gangeshwari Metal P. Ltd. adjudicated by the Income Tax Appellate Tribunal...

Affirmation of Genuine Capital Gains Transactions Over Departmental Presumptions Under Section 68: Acit, Circle-2, Udaipur v. Smt. Sumitra Gaur

Date: Dec 16, 2011

Affirmation of Genuine Capital Gains Transactions Over Departmental Presumptions Under Section 68: Acit, Circle-2, Udaipur v. Smt. Sumitra Gaur Introduction The case of Acit, Circle-2, Udaipur v....

CERC Establishes Comprehensive Framework for Transmission Tariff Determination in Power Sector

Date: Dec 14, 2011

CERC Establishes Comprehensive Framework for Transmission Tariff Determination in Power Sector Introduction In the landmark case of Power Grid Corporation Of India Limited v. Madhya Pradesh Power...

Benetton India Pvt. Ltd. v. Ito: Reinforcing Transaction-by-Transaction Benchmarking in Transfer Pricing

Date: Dec 1, 2011

Benetton India Pvt. Ltd. v. Ito: Reinforcing Transaction-by-Transaction Benchmarking in Transfer Pricing Introduction The case of Benetton India Pvt. Ltd. v. Ito adjudicated by the Income Tax...

Reimbursement of Clearing House Charges Without TDS Liability: Insights from Karnavati Co-Op. Bank Ltd. vs DCIT

Date: Dec 1, 2011

Reimbursement of Clearing House Charges Without TDS Liability: Insights from Karnavati Co-Op. Bank Ltd. v. DCIT Circle-11 Ahmedabad Introduction The case of Karnavati Co-Op. Bank Ltd. v. DCIT...

Pushpak Metal Corpn. v. Commissioner of Customs: Upholding Transaction Value in Customs Valuation

Date: Nov 25, 2011

Pushpak Metal Corpn. v. Commissioner of Customs: Upholding Transaction Value in Customs Valuation Introduction The case of Pushpak Metal Corpn. v. Commissioner of Customs, Kandla adjudicated by the...

Non-Transfer of Insurance Policy and Insurer's Non-Liability for Own Damage Claims: United India Insurance Co. Ltd. v. Goli Sridhar

Date: Nov 23, 2011

Non-Transfer of Insurance Policy and Insurer's Non-Liability for Own Damage Claims: United India Insurance Co. Ltd. v. Goli Sridhar 1. Introduction The case of United India Insurance Co. Ltd. v. Goli...

Recognition of Long-Term Capital Gains in the Absence of Timely Dematerialization: Insights from Ito v. Ajay Shantilal Lalwani

Date: Nov 19, 2011

Recognition of Long-Term Capital Gains in the Absence of Timely Dematerialization: Insights from Ito v. Ajay Shantilal Lalwani Introduction The case of Ito v. Ajay Shantilal Lalwani adjudicated by...

CIT v. Maersk Global Service Center: Reassessment under Section 148 and Treatment of Stamp Duty Expenses

Date: Nov 10, 2011

CIT v. Maersk Global Service Center: Reassessment under Section 148 and Treatment of Stamp Duty Expenses 1. Introduction The case of CIT v. Maersk Global Service Center (India) P. Ltd. adjudicated by...

Enhanced Recovery Mechanisms and Combined Asset Tariff Calculation in Transmission Projects: CERC's Landmark Decision

Date: Nov 10, 2011

Enhanced Recovery Mechanisms and Combined Asset Tariff Calculation in Transmission Projects: CERC's Landmark Decision 1. Introduction The case of Power Grid Corporation Of India Ltd. v. Madhya...

Clarifying Market Value and Operational Income for Section 80-IA Deduction: Godavari Power & Ispat Ltd. v. Assistant Commissioner of Income-tax

Date: Nov 5, 2011

Clarifying Market Value and Operational Income for Section 80-IA Deduction: Godavari Power & Ispat Ltd. v. Assistant Commissioner of Income-tax Introduction The case of Assistant Commissioner of...

Establishing Modified Parity in Government Pension Schemes: CETAT Case Commentary

Date: Nov 2, 2011

Establishing Modified Parity in Government Pension Schemes: CETAT Case Commentary Introduction The case of Central Government Sag (S-29) Pensioners' Association v. Union Of India, adjudicated by the...

Affirming the Burden of Proof and Evidentiary Standards in Clandestine Removal Cases: Insights from Vishwa Traders Pvt. Ltd. v. Commissioner Of C. Ex., Vadodara

Date: Nov 2, 2011

Affirming the Burden of Proof and Evidentiary Standards in Clandestine Removal Cases: Insights from Vishwa Traders Pvt. Ltd. v. Commissioner Of C. Ex., Vadodara Introduction The case of Vishwa...