All Tribunals Case Commentaries

Clarifying 'Inaccurate Particulars of Income': ITAT Overrules Penalty Under Section 271(1)(c)

Date: Dec 17, 2021

Clarifying 'Inaccurate Particulars of Income': ITAT Overrules Penalty Under Section 271(1)(c) Introduction In the case of The Karamsad Nagrik Co-op. Credit Society Ltd. v. The DCIT, Anand Circle,...

Affirming Comprehensive Remedies for Defective Premium Vehicles: Analysis of Jaison Lukose v. Nissan Motors India Pvt Ltd

Date: Dec 17, 2021

Affirming Comprehensive Remedies for Defective Premium Vehicles: Analysis of Jaison Lukose v. Nissan Motors India Pvt Ltd Introduction The case of Jaison Lukose v. Nissan Motors India Pvt Ltd...

Kushan Mitra v. Amit Goel: Redefining 'Financial Debt' Under the Insolvency and Bankruptcy Code

Date: Dec 17, 2021

Kushan Mitra v. Amit Goel: Redefining 'Financial Debt' Under the Insolvency and Bankruptcy Code Introduction The case of Kushan Mitra v. Amit Goel adjudicated by the National Company Law Appellate...

Rajinder Kaur v. HDFC Standard Life Insurance Company Ltd: Upholding Utmost Good Faith in Insurance Contracts

Date: Dec 16, 2021

Rajinder Kaur v. HDFC Standard Life Insurance Company Ltd: Upholding Utmost Good Faith in Insurance Contracts Introduction The case of Rajinder Kaur v. HDFC Standard Life Insurance Company Ltd was...

Impact of Finance Act 2021 on Employee Contributions: Lumino Industries Ltd. v. ACIT

Date: Dec 16, 2021

Impact of Finance Act 2021 on Employee Contributions: Lumino Industries Ltd. v. ACIT Introduction The case of Lumino Industries Limited, Kolkata v. ACIT, Cir-5(1), Kolkata adjudicated by the Income...

UltraTech Cement Ltd. v. DCIT CEN CIR 1(4), Mumbai: Pioneering Rulings on Section 80IA(12A) and Corporate Guarantees

Date: Dec 15, 2021

UltraTech Cement Ltd. v. DCIT CEN CIR 1(4), Mumbai: Pioneering Rulings on Section 80IA(12A) and Corporate Guarantees Introduction The case of UltraTech Cement Ltd. v. DCIT CEN CIR 1(4), Mumbai...

Floating Interest Rate Agreements in Consumer Credit: ICICI Bank Ltd. v. Ashwani Bhalla

Date: Dec 14, 2021

Floating Interest Rate Agreements in Consumer Credit: ICICI Bank Ltd. v. Ashwani Bhalla Introduction The case of ICICI Bank Limited v. Ashwani Bhalla adjudicated by the State Consumer Disputes...

Tribunal Upholds Assessee’s Rights Against Unwarranted Additions Under Section 68 Post-Demonetization

Date: Dec 14, 2021

Tribunal Upholds Assessee’s Rights Against Unwarranted Additions Under Section 68 Post-Demonetization Introduction The case of Anantpur Kalpana, Gangavathi v. Income Tax Officer, Ward-1, Bangalore...

Edelweiss Asset Reconstruction Company Limited v. V Mahesh: Landmark Ruling on Corporate Guarantees in Insolvency Proceedings

Date: Dec 14, 2021

Edelweiss Asset Reconstruction Company Limited v. V Mahesh: Landmark Ruling on Corporate Guarantees in Insolvency Proceedings Introduction The case of Edelweiss Asset Reconstruction Company Limited...

Ensuring Procedural Accuracy in Police Disciplinary Actions: Insights from C. Bastin Sabu v. Union of India

Date: Dec 11, 2021

Ensuring Procedural Accuracy in Police Disciplinary Actions: Insights from C. Bastin Sabu v. Union of India Introduction The case of C. Bastin Sabu v. Union of India, adjudicated by the Central...

Revisionary Jurisdiction under Section 263: Kaushalya Dealers Pvt. Ltd. v. ITO

Date: Dec 11, 2021

Revisionary Jurisdiction under Section 263: Kaushalya Dealers Pvt. Ltd. v. ITO Introduction The case of Kaushalya Dealers Pvt. Ltd., Kolkata v. ITO, Ward-4(4), Kolkata adjudicated by the Income Tax...

NCLAT Upholds Sale of Company as Going Concern in Liquidation: Insights into Beneficial Liquidation under IBC

Date: Dec 9, 2021

NCLAT Upholds Sale of Company as Going Concern in Liquidation: Insights into Beneficial Liquidation under IBC Introduction In the landmark case of Bharatiya Kamgar Sena Workmen Union of BDIL v. Vijay...

Clarification on Deductibility of Employee Contributions under Section 36(1)(va) Post Finance Act 2021: ADYAR ANANDA BHAVAN Sweets India P Ltd. v. ACIT, Chennai

Date: Dec 9, 2021

Clarification on Deductibility of Employee Contributions under Section 36(1)(va) Post Finance Act 2021 Introduction The case of ADYAR ANANDA BHAVAN SWEETS INDIA P LTD, CHENNAI v. ACIT, Chennai...

Enhancing Beneficial Liquidation: NCLAT's Directive on Sale as a Going Concern in Insolvency Proceedings

Date: Dec 9, 2021

Enhancing Beneficial Liquidation: NCLAT's Directive on Sale as a Going Concern in Insolvency Proceedings Introduction The case of Prakash Chandra Kapoor v. Vijay Kumar Iyer (Liquidator) rendered by...

Strict Adherence to Recruitment Qualifications: C.A.T.'s Decision in Dr. Sumaira Nazir Zaz v. Higher Education UT of J&K

Date: Dec 8, 2021

Strict Adherence to Recruitment Qualifications: C.A.T.'s Decision in Dr. Sumaira Nazir Zaz v. Higher Education UT of J&K Introduction The case of Dr. Sumaira Nazir Zaz v. Higher Education UT of Jammu...

PC Jewellers Ltd. v. ACIT: Clarification on Allowance of Education Cess and Treatment of IPO Expenditures

Date: Dec 8, 2021

PC Jewellers Ltd. v. ACIT: Clarification on Allowance of Education Cess and Treatment of IPO Expenditures Introduction In the landmark case of ACIT, Circle-19(2), New Delhi v. PC Jewellers Ltd.,...

Expanded Interpretation of 'Consumer' in Self-Employment Context: Sudhir Gensets Ltd. v. Shree Jagdamba Stone Crushers

Date: Dec 4, 2021

Expanded Interpretation of 'Consumer' in Self-Employment Context: Sudhir Gensets Ltd. v. Shree Jagdamba Stone Crushers Introduction The case of Sudhir Gensets Ltd. & Anr. v. M/S. Shree Jagdamba Stone...

Insurance Claims Cannot Be Repudiated Without Conclusive Evidence: NCDRC Sets Precedent

Date: Dec 4, 2021

Insurance Claims Cannot Be Repudiated Without Conclusive Evidence: NCDRC Sets Precedent Introduction The case of NATIONAL INSURANCE COMPANY LIMITED v. M/S. ALI CLOTH HOUSE & ANR. adjudicated by the...

Strict Enforcement of Limitation Period under IBC: NCLAT Dismisses Time-Barred Appeals in Hasmukh N. Shah & Associates v. Victoria Entertainment Pvt. Ltd.

Date: Dec 2, 2021

Strict Enforcement of Limitation Period under IBC: NCLAT Dismisses Time-Barred Appeals in Hasmukh N. Shah & Associates v. Victoria Entertainment Pvt. Ltd. 1. Introduction The case of M/s Hasmukh N....

Establishing Privity of Contract: Engagement via Statutory Auditor Does Not Constitute Operational Creditor Status under IBC

Date: Dec 1, 2021

Establishing Privity of Contract: Engagement via Statutory Auditor Does Not Constitute Operational Creditor Status under IBC Introduction The judicial landscape of insolvency and bankruptcy underwent...