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Treatise on law of terms of contract of appointment

The Educational Appellate Tribunal under Karnataka Education Act 1983 in my considered opinion is well within its jurisdiction to declare the terms and condition No 3 in the appointment order as void illegal and unenforceable in an application filed ...

Category: Others | on 03 January 2017 | 1749 hits | More

Bombay High Court Judgement

Bombay High CourtBharat Commerce & Industries Ltd. ... vs Union Of India And Others on 1 January, 1800Equivalent citations: 1987 (14) ECC 193, 1988 (15) ECR 146 Bombay, 1987 (32) ELT 40 BomAuthor: BharuchaBench: S Bharucha, V Tipnis JUDGMENT Bhar ...

Category: Others | on 15 June 2016 | 5139 hits | More

Rate of interest on delayed payment of duty as applicable during the impugned period - Issues therein

The Hon-ble CESTAT, Chennai held as under: - The Adjudicating Authority had rightly computed the interest amount from the due date till the date of payment in respect of demand for the month of January, 2011, by working out interest at 13% up to M ...

Category: Others | on 17 May 2016 | 4086 hits | More

1 year time limit to claim refund under Rule 5 of CCR reckoned from the date of receipt of export proceeds and not from date of export of services

The Hon-ble CESTAT, Bangalore held that although there is no specific 'relevant date' under Section 11B of the Excise Act to claimrefund of unutilized credit, but, that would not rule out applicability of Section 11B. Relevant date should be the date ...

Category: Others | on 04 May 2016 | 2835 hits | More

Rebate of Excise duty admissible on both inputs & final products

Hon-ble Apex Court held that it cannot be the intention of the Legislature to provide rebate only on one item i.e. either on inputs or final products. It was further held that giving such restrictive meaning to Rule 18 of the Excise Rules would not o ...

Category: Others | on 04 May 2016 | 2760 hits | More

No Service tax on sharing of resources and cost/ expenses with the Group Companies

The Hon-ble CESTAT, Mumbai held that reimbursement of the cost of obtaining and employing resources/certain expenses incurred by the Appellant on the behalf of the Group Companies cannot be regarded as consideration flowing to the Appellant towards t ...

Category: Taxation | on 04 May 2016 | 3503 hits | More

No Service tax could be levied if there was a transfer of right to use goods irrespective of the fact that the transfer was non-exclusive

The Hon-ble AAR, after detailed discussion, held that: The phrase 'grant of license to use the system on a non-exclusive basis' is used for the reason that the proprietary/intellectual property used in the system is utilized by the Applicant in othe ...

Category: Taxation | on 30 March 2016 | 2180 hits | More

Construction Services provided to IIT exempt even though Government does not hold 90% or more equity/control in it

The Hon-ble High Court of Patna held as under: The -Governmental authority- as defined in the Notification dated January 30, 2014, means an authority or a board or any other body set up by an Act of Parliament or State Legislature; ...

Category: Taxation | on 30 March 2016 | 1369 hits | More

Sodexo Meal Vouchers are not 'goods' within the meaning of Section 2(25) of the Act and, therefore, not liable for either Octroi or LBT

We are of the opinion that the judgment of the High Court has not discussed and decided the issue correctly and warrants interference. We, thus, allow these appeals and set aside the judgment of the High Court by holding that Sodexo Meal Vouchers are ...

Category: Others | on 18 December 2015 | 3190 hits | More

NJAC out after SC strikes down 99th Constitutional Amendment

The collegium system of judicial appointments is here to stay. The Supreme Court today declared the National Judicial Appointments Commission (NJAC), and the Constitutional amendments involved, to be in violation of the Constitution of India. ...

Category: Others | on 16 October 2015 | 3386 hits | More

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