Source: Google Images The Kerala High Court bench comprising of J. A.K.Jayasankaran Nambiar in the case of M/S.Nortel Networks (India) Pvt. Ltd v. Bharat Sanchar Nigam Limited (BSNL), on October 13, 2020 decided on the issue of limitation with regards to a claim raised by the Petitioner. The Petitioner successfully acquired the tender from Respondent for planning, engineering, supply, installation, testing and commissioning of GSM based cellular mobile network. Pursuant to which, a purchase order was placed by the Respondent and accordingly, the Petitioner executed the work ..read more

  Source: Google Images The Calcutta High Court bench comprising of J. Sanjib Banerjee and Arijit Banerjee in M/S. Satyen Construction v. State of West Bengal, on October 6, 2020 discussed the post-award and post-stay order applicability of Section 9 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). In the present case, an award was granted in favour of the appellant against which, a stay order was obtained from the Court by the award-debtor state under Section 36 of the Arbitration Act. After issuance of the stay order, the appellant applied for the variation of ..read more

  Source: Google Images The Delhi High Court bench comprising of J. C. Hari Shankar in the case of UNI Construction v. IRCON International Limited, on July 16, 2020 dealt with the issue of availability of interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) to the applicant who is found to have suppressed material facts in his application. Facts The respondent had invited tenders on October 24, 2017 for construction of certain buildings. Subsequent to which, the tender was allotted to the petitioner on January 18, 2018. The terms o ..read more

The Applicant M/s Fresh Food Private Limited is seeking advance ruling on whether the preparation of Whole Wheat Parota be classified under Chapter heading 1905, attracting GST at the rate of 5%? The Authority vide its Order dated May 22nd, 2020 held that parota is classified under Chapter Heading 2106 and is not covered entry No.99A of Schedule I to the Notification No.1/2017-Central Tax (Rate) dated 28.06.2017 hence will not attract GST Rate of 5%. Contention of the Applicant: The applicant contends that the product merits classification under Chapter heading 1905, under the product descript ..read more

The present advance ruling was sought by M/s Rotary Club of Mumbai Western Elite, in respect of the following question. The amount collected by Rotary club is towards convenience of members and pooled together for paying meeting expenses, communication expenses, RI per capita dues, subscription fees to the Rotarian or Rotary regional magazine, district per capita assessment and the same is deposited in single bank account. As there is no furtherance of business in this activity and neither any services are rendered nor are any goods being traded, whether the above transaction can be considere ..read more

In the present matter the National Company Appellate Tribunal (“NCLAT”) heard the Appellant’s grievance with respect to Resolution Applicant’s certificate to prove networth criteria.  The Appellant being a member of the suspended Board of Directors of the Corporate Debtor approached the NCLAT against the order passed by National Company Law Tribunal, Chandigarh (“NCLT”). The Appellant’s ground for challenge being that the Successful Resolution Applicant had produced a fraudulent and sham certificate in order to prove the networth criteria to approve the Resolution Plan as per the provisi ..read more

In the case of Pee Bee Enterprises V. Assistant Commissioner, SGST, Ernakulam, the petitioner approached the HC aggrieved by the assessment orders served on the petitioner through publication on the web portal. The Court vide its Judgment dated August 17th, 2020 held that the service of GST assessment order through the web portal for the purposes of filing the returns is a valid service as per GST regime. Contention of the Petitioner: The petitioner submitted that the assessments pertaining to the months April and May 2019 were completed under Section 62 of the SGST Act on best judgment ..read more

Source: Google Images   A single Judge Bench of the Kerala High court (“Court”) in the case of M/S VA Tech Wabag Ltd v. M/S Travancore Titanium Products Ltd, held that court cannot interfere in the appointment of the Arbitrator and in the case where the dispute between the parties has to be decided by the Arbitrator. It further observed that the court don’t have jurisdiction to entertain a writ petition against the order passed by the Arbitrator. Facts M/S VA tech Wabag Ltd, a Water Treatment Company entered into an agreement with M/S MECON Ltd, on the behalf of Travancore Titani ..read more

The DGFT of Ministry of Commerce & Industry vide its Notification No. 36/2015-20 dated October 6th, 2020 amended the Export policy of N-95/FFP-2 masks or its equivalent and Personal Protection Equipment (hereinafter referred to as ‘PPE’). An amendment was brought in Schedule 2 of the ITC (HS) Export Policy, 2018 related to the aforementioned products.  This notification amended the previous “restricted” exports of N-95/FFP-2 masks or its equivalent and PPEs exported either as individual parts or as kits to “free” category making the products freely exportable. Read the full ..read more

A.   Exemption from E-Invoicing mandate for invoices issued till October 31, 2020 On September 30th, 2020, the CBIC issued Press release which dealt with the taxpayers of the Indian industry who are not very familiar with the E-invoicing. For such taxpayers the invoices issued by them for the month of October, 2020 without keeping in mind the manner prescribed under GST Rule 48(4), shall stand validated and the penalty mentioned under Section 122 of the CGST Act which followed the non-adherence will not apply if the Invoice Reference number (IRN) is acquired from the portal of invoi ..read more