Corporate
VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court
A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible. Background Facts The employee was a Technician Grade-II with...
GST Department Must Decide Refund Applications Expeditiously, Any Delay Adversely Affects Business: Delhi High Court
The Delhi High Court has called upon the Goods and Services Tax Department to expeditiously process the refund applications filed by registered persons/ entities.A division bench of Justices Prathiba M. Singh and Shail Jain observed, “As per the statutorily prescribed procedure, the refund applications have to be dealt with in a particular manner within the prescribed timelines as per...
Furnace Oil Not On Par With 'Plant And Machinery', Unrelated To Goods Dispatched For Complete Sales Tax Set-Off: Bombay High Court
The Bombay High Court on Wednesday held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods that are partly sold within Maharashtra and partly transferred to branches outside the state, ruling that a 6% reduction must apply under Rule 41D(3)(a) of the Bombay Sales Tax Rules, 1959. Assessee sought to put forth that Furnace oil is a consumable...
Intellectual Property Rights Weekly Round-Up: 2025 November 03–09
NOMINAL INDEX Suparshva Swabs India v. AGN International & Ors., 2025 LiveLaw (Del) 1430 Sabu Trade Pvt. Ltd. v. Rajkumar Sabu & Anr., 2025 LiveLaw (Del) 1439 Bima Sugam India Federation v. A Range Gowda & Ors., 2025 LiveLaw (Del) 1441 Quantum Hi-Tech Merchandising Pvt. Ltd. v. LG Electronics India Pvt. Ltd. & Ors., 2025 LiveLaw (Del) 1443 Capital Foods...
Delhi High Court Raps Income Tax Dept For Over Two-Year Delay In Implementing ITAT Order; Directs Refund With Interest Within One Month
The Delhi High Court recently criticized the Income Tax Department for an over 2-year delay in implementing an ITAT order, directing it to reconsider the demand raised against an assessee.A division bench of Justices Prathiba M. Singh and aShail Jain observed that the Income Tax Department must implement judicial orders with “alacrity” however in this case, it woke up only after the...
NCLT Kochi Directs Deposit Of Due Security And Revenue Shares In Jatayupara Tourism Project Escrow Account
The National Company Law Tribunal, Kochi Bench, has directed the Guruchandrika Builders & Property Private Limited, Mr. Rajeev Vidyadharan, and Mrs. Padmam Rajeev, proprietor of Nanma Eatery (formerly Jatayu Merchandise), to deposit the sum of Rs. 38,32,744, into the project's common pool account. An agreement dated January 1, 2024, under which Respondents Rajeev Vidyadharan and...
Informer Of GST Evasion Cannot Seek Reward As A Matter Of Right: Delhi High Court
The Delhi High Court has prima facie observed that an informer, who apprises the Department about evasion of goods and services tax by an entity, cannot seek reward for sharing such information as a matter of right.A division bench of Justices Prathiba M. Singh and Shail Jain were of the prima facie view that no such right vests in any informer.“In the opinion of this Court, the grant of...
Acknowledgment Of Debt By Principal Borrower Binds Corporate Guarantor: NCLT Delhi Admits NARCL's Insolvency Application Against Era Infra
The National Company Law Tribunal (NCLT), New Delhi Bench on 4th November 2025, admitted an insolvency application filed by the National Asset Reconstruction Company Limited (NARCL) against Era Infrastructure (India) Limited (EIL), the corporate debtor and corporate guarantor, observing that the corporate guarantee executed by EIL in favour of Bank of India was enforceable and...
NCLT Kochi Denies Restoration Of Company Name Due To Prolonged Dormancy And Non-Compliance With Statutory Filing
The National Company Law Tribunal (NCLT), Kochi Bench, has denied the restoration of the company name due to prolonged dormancy and non-compliance with statutory filings. The bench of Judicial Member Vinay Goel and Technical Member Madhu Sinha observed, “The mere intention expressed by the Appellant in its appeal to regularize filings or revive the business at this stage cannot be...
Non-Supply Of Inquiry Officer's Report Before Imposing Penalty Vitiates Disciplinary Proceedings Unless Employer Shows Valid Justification: Delhi HC
A Division bench of the Delhi High Court comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav held that non-supply of the inquiry officer's report to the delinquent employee before imposition of penalty vitiates the disciplinary proceedings unless the employer provides valid justification for such omission. Background Facts The employee was a government servant...
Income Tax Act | Reassessment Beyond Four Years Invalid When Original Assessment Finalised U/S 143(3): Punjab & Haryana High Court
The Punjab and Haryana High Court has held that re-assessment proceedings beyond four years are invalid when the original assessment has been finalised under Section 143(3) of the Income Tax Act. In case of an Assessment under Section 143(3) of the Income Tax Act, a scrutiny is carried out to confirm the correctness and genuineness of various claims, deductions, etc., made by the...
Delhi High Court Refuses To Stay Order Restraining Ravi Mohan Studios From Using 'BRO CODE' For Tamil Film
The Delhi High Court on Wednesday refused to stay the operation of a single-judge order that had restrained actor Ravi Mohan's production house from using the title 'BRO CODE' for its upcoming Tamil film, following a trademark dispute with Indospirit Beverages Private Limited, the maker of the alcoholic beverage 'BROCODE'.A division bench comprising Justice C Hari Shankar and Justice Om...