Madras High Court Sets Aside GST Demand For Not Considering CBIC Circulars Cited By Taxpayer

The Madras High Court has set aside a GST demand on a corporate guarantee after finding that the tax department failed to consider CBIC circulars relied upon by the taxpayer while raising the assessment.Allowing the writ petition, Justice G R Swaminathan held that an assessment order cannot survive if the tax department fails to consider the defence raised by the taxpayer. The court...

Foreign Citizenship, No Assets In India No Bar To IBC Proceedings Against Personal Guarantor: NCLT Chennai

The National Company Law Tribunal (NCLT) at Chennai recently held that insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, can be initiated against a personal guarantor even if he is a foreign citizen and does not own any assets in India. The tribunal said nationality and absence of property in India do not prevent the Code from applying. A coram of Judicial Member...

Madras High Court Upholds Trade Marks Registry Order Rejecting “Fresh Not Frozen” Mark

The Madras High Court has dismissed an appeal filed by Freshtohome Foods Private Limited, a Bangalore-based online grocery delivery platform against a 2019 order of the Trade Marks Registry rejecting its trademark application for the brand “FRESH NOT FROZEN”. Justice N Anand Venkatesh passed the order on December 18, 2025. The court held that the proposed mark was deceptively similar to...

Bombay High Court Sets Aside Arbitral Award Passed With “Undue Haste” After Four-Year Delay

The Bombay High Court has set aside an arbitral award, holding that it was passed in undue haste after nearly four years of inaction and without giving the parties any opportunity of hearing.A Single Bench of Justice Sandeep V Marne found that the arbitrator acted with undue haste and in clear breach of natural justice. Rejecting the explanation offered for the long delay, the Court...

NCLT Admits Gensol EV's Insolvency Plea Against Mindra EV Over ₹1.61 Crore Default

The National Company Law Tribunal (NCLT) at Ahmedabad has recently admitted an insolvency petition filed by Gensol EV Lease Limited, a debt ridden company that was itself admitted to insolvency in June 2025, against Mindra EV Private Limited. The plea was admitted over a default of Rs 1.61 crore after the corporate debtor failed to appear or contest the case despite being served with...

Self-Prepared Interest Calculations Cannot Substitute Contractual Proof In CIRP: NCLT Indore

The National Company Law Tribunal (NCLT) at Indore has held that self-prepared interest calculations, such as Excel sheets, cannot be the basis for admitting interest claims in insolvency proceedings without supporting contractual or statutory records. A coram of Judicial Member Brajendra Mani Tripathi and Technical Member Man Mohan Gupta said that interest can form part of financial debt...

Customs Cannot Withhold Part Of Consignment After Accepting Full Bond, Guarantee : CESTAT Kolkata

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal recently held that Customs authorities were not justified in continuing to detain part of a consignment of used digital multifunction print and copying machines once the importers had furnished the required bond and bank guaranteef for the entire consignment. A coram consisting of Judicial Member Ashok Jindal...

Intellectual Property Rights Weekly Round-Up: December 29, 2025 - January 04, 2026

NOMINAL INDEXSun Pharmaceutical Industries Ltd. v. Oziel Pharmaceuticals P. Ltd. & Anr., 2025 LiveLaw (Del) 1799Meta Platforms Inc. v. Noufelmalol & Anr., 2025 LiveLaw (Del) 1801Sun Pharmaceutical Industries Ltd. v. Dr. Reddy's Laboratories Ltd. & Anr., 2025 LiveLaw (Del) 1804SNV Aviation Private Limited v. Alaska Aviation Academy Pvt. Ltd. & Ors., 2025 LiveLaw (Del)...

Mandatory Pre-Deposit For Customs Appeal Cannot Be Waived For Financially Sound Appellant: Karnataka High Court

The Karnataka High Court has held that the mandatory pre-deposit required to pursue a customs appeal cannot be waived for a financially sound appellant/importer. In a recently uploaded order pronounced on November 7, 2025, Justice M. Nagaprasanna said the pre-deposit under Section 129-E of the Customs Act does not deny access to justice. “It is a statutory discipline that applies uniformly...

Consumer Law Annual Digest 2025 [Part I]

Supreme Court Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer Case Title: M/S CITICORP FINANCE (INDIA) LIMITED VERSUS SNEHASIS NANDA Citation : 2025 LiveLaw (SC) 332 The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a...

Supreme Court Allows Customs Duty Exemption To Adani Power For Electricity Taken From Gujarat SEZ

The Supreme Court today(January 5) allowed an appeal preferred by Adani Power Limited against the Gujarat High Court's 2019 order, which refused to exempt the company from payment of the customs duty on electrical energy removed from the Special Economic Zone(SEZ) to the Domestic Tariff Area (DTA) by its coal-based thermal power plant situated in Mundra Port.The petitioner(Adani Power) is...

Personal Guarantor's Failure To Submit Repayment Plan Leads To Bankruptcy: NCLT Hyderabad

The National Company Law Tribunal (NCLT) at Hyderabad has ordered bankruptcy proceedings against P Kameswari, the personal guarantor of Viceroy Hotels Limited. The tribunal said that when a repayment plan is not filed or does not receive creditor approval, the law treats it as a rejection of the repayment plan under the Insolvency and Bankruptcy Code. Viceroy Hotels is a...