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GST Cafe | Services provided by a University, including affiliation of colleges and other allied services given to students, exempt from Service Tax: Madras HC

A single bench of the Hon’ble High Court of Madras in a recent judgment of Madurai Kamraj University vs. Joint Commissioner[1] held that services provided by a University, including affiliation of colleges and other allied services given to students, are exempted from levy of Service Tax as per Finance Act, 1994. Background: Section 2(a) of […]

Competition News Bulletin – September 2021 – Newsletter

We are glad to share the September 2021 edition of our newsletter – Competition News Bulletin. Some highlights of this issue are as under: Competition Commission of India (CCI) imposes penalty of INR 200 Crore on Maruti Suzuki Ltd for its discount control policy. CCI directs investigation against Google for alleged abuse of dominant position […]

Between the Lines | Delhi High Court: Arbitral award is liable to be set aside when there is no proper notice of the tribunal’s appointment or of the institution of arbitral proceedings

The Delhi High Court (“DHC”) has in its judgement dated July 15, 2021 in the matter of Komal Narula v. DMI Finance Private Limited and Another [O.M.P. (COMM.) 166/2019 and IA Nos. 6024/2019 & 11657/2020], (“Judgement”) laid down that an arbitral award is liable to be set aside when there is no proper notice of […]

Between the Lines | NCLAT: Rejects application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 on grounds of collusion between the corporate debtor and the financial creditor

The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”) has in its judgment dated June 30, 2021 (“Judgement”), in the matter of Hytone Merchants Private Limited v. Satabadi Investment Consultants Private Limited [Company Appeal (AT) (Insolvency) No. 258 of 2021], relied on Section 65 of the Insolvency and Bankruptcy Code, 2016 (‘’IBC”), to […]

Between the Lines | Bombay High Court: A secured debt shall take priority over the ‘Government’ dues/tax dues under the SARFAESI Act

The Bombay High Court (“BHC”) has in its judgement dated July 28, 2021, in the matter of M/s Edelweiss Asset Reconstruction v. M/s Tax Recovery Officer, Income-Tax Department and Others [Writ Petition (L) No. 7964 OF 2021], held that, the secured debt shall take priority over the ‘Government’ dues/tax dues. Facts M/s Classic Diamonds (India) […]

Between the Lines | Supreme Court: Interest free term loans advanced to a corporate person are not excluded from the purview of a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016

The Hon’ble Supreme Court (“SC”) has in its judgment dated July 26, 2021, in the matter of Orator Marketing Private Limited v. Samtex Desinz Private Limited [Civil Appeal No. 2231 of 2021] (“Judgement”) held that the definition of financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) does not exclude an […]