NCLT Delhi Dismisses Diwan Spirits Insolvency Plea Against Khao Gali Restaurants

The National Company Law Tribunal (NCLT) at New Delhi, has refused to push Khao Gali Restaurants Pvt. Ltd. into insolvency on a plea by liquor wholesaler Diwan Spirits.It held that the dispute between the parties is not a clear case of non-payment but one that turns on reconciliation of accounts under the now scrapped Delhi Excise Policy 2021–22. A bench of Judicial Member Manni...

Contractor Who Stayed Silent During CIRP and Liquidation Cannot Reclaim Auctioned Machinery: NCLT Mumbai

The National Company Law Tribunal (NCLT) at Mumbai has recently held that a contractor cannot seek compensation or get back machinery auctioned during liquidation if it remained silent throughout the corporate insolvency resolution process and liquidation. A bench of Judicial Member Sushil Mahadeorao Kochey and Technical Member Prabhat Kumar dismissed an application filed by Ahluwalia...

Covid-Era Insolvency Protection Applies Only To Companies, Not Personal Guarantors: NCLAT Reaffirms

The National Company Law Appellate Tribunal (NCLAT) at New Delhi, has recently reiterated that that the Covid-era suspension under the Insolvency and Bankruptcy Code does not protect personal guarantors from insolvency proceedings. The appellate tribunal ruled that the suspension applies only to companies and does not bar creditors from initiating insolvency proceedings against individuals...

NCLT Hyderabad Declares Former Deccan Chronicle Promoter T Venkatram Reddy Bankrupt

The National Company Law Tribunal (NCLT) at Hyderabad has declared Tikkavarapu Venkatram Reddy, former promoter of Deccan Chronicle Holdings Limited, the publisher of the Deccan Chronicle newspaper, bankrupt after he failed to submit a repayment plan as a personal guarantor for the company's borrowings.A bench of Judicial Member Rajeev Bhardwaj and Technical Member Sanjay Puri, while allowing...

Central Excise | Packaged Drinking Water Cannot Be Assessed On MRP Basis U/S 4A: CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that packaged drinking water is not liable to be assessed on MRP basis under Section 4A of the Central Excise Act unless it is specifically covered by a statutory notification. Section 4A of the Central Excise Act, 1944, provides a special procedure for the valuation of excisable goods based on...

Bombay High Court Denies Interim Relief To Chinese Restaurant House of Mandarin In 'HOM' Trademark Dispute

The Bombay High Court has refused interim relief to a Mumbai Chinese cuisine restaurant, House of Mandarin, in a trademark infringement and passing off suit over the use of the mark “HOM.” By an order dated December 19, 2025, Justice Sharmila U Deshmukh held that no prima facie case was made out. The court said House of Mandarin failed to show that the acronym “HOM” had...

CENVAT Credit Rules | Only Common Input Service To Be Considered For Calculating Credit For Reversal Under Rule 6(3A): CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that while computing the amount of CENVAT credit to be reversed under Rule 6(3A) of the CENVAT Credit Rules, 2004, only credit pertaining to common input services is required to be considered. Rule 6(3A) of the CENVAT Credit Rules, 2004, provides the specific procedure and formula for determining...

Excise | Captive Exemption Cannot Be Denied When Final Products Are Partly Cleared On Duty Payment & Partly Under Exemption: CESTAT

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that the captive exemption under Notification 67/95-CE remains available even if the final product is partly cleared on duty payment and partly under exemption. Central Excise Notification No. 67/95-CE provides an exemption from excise duty for specified inputs and capital goods that...

Services Performed Outside India Not Taxable Under RCM; No Import Of Services: CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that services performed outside India are not liable to service tax under the Reverse Charge Mechanism (RCM), even if payments are made by an Indian entity or involve group companies. The bench further opined that reimbursements to foreign subsidiaries do not constitute “import of services” in...

Merely Mortgaging Property Without Lending Money Does Not Create Financial Debt : NCLT Hyderabad

The National Company Law Tribunal (NCLT) at Hyderabad has held that a person who only mortgages his property as collateral security cannot be treated as a financial creditor of the borrower if he has not advanced any money. A bench of Judicial Member Rajeev Bhardwaj and Technical Member Sanjay Puri said the insolvency law can be invoked only if there is a financial debt, which...

Amendment Of Date Of Default Allowed Before Final Adjudication: NCLAT Reiterates

The National Company Law Appellate Tribunal at New Delhi has recently held that amendment of the date of default in insolvency proceedings against a personal guarantor is permissible before final adjudication. It ruled that limitation must be examined when the insolvency application is decided on merits. A bench comprising Chairperson Justice Ashok Bhushan, Chairperson, and Technical...

GST Not Leviable On Interest/Penalty Charged By Chit Fund Companies For Delayed Payment Of Monthly Subscriptions: AP High Court

The Andhra Pradesh High Court held that interest and penalty collected by chit fund companies from defaulting subscribers for delayed payment of instalments are not taxable under GST. Justices R. Raghunandan Rao and T.C.D. Sekhar examined whether the interest/penalty collected for the delay in payment of the monthly subscription by the members forms a supply under GST. In the case...