Corporate
S. 60(5)(c) IBC | NCLT Cannot Decide Trademark Ownership Dispute Which Isn't Related To Insolvency Proceedings: Supreme Court
The Supreme Court has held that the National Company Law Tribunal (NCLT), while exercising jurisdiction under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), cannot adjudicate disputed questions of title to intellectual property if such determination goes beyond the scope of the approved resolution plan.The Court held that NCLT cannot decide title disputes over assets,...
Beyond The TRC: A Veil-Piercing Moment In International Tax Law
The Supreme Court's judgment in Authority for Advance Rulings (Income Tax) & others v. Tiger Global International Holdings 2026 LiveLaw (SC) 50 marks a moment where the long-standing tension in Indian tax law between form and substance is not merely acknowledged, but decisively addressed. Quietly, and without theatrics, the Court applies to international tax law an instinct long familiar...
Supreme Court Annual Digest 2025: Arbitration And Conciliation Act
Arbitration A non-signatory to an arbitration agreement cannot be permitted to remain present in arbitration proceedings, as it would breach confidentiality and exceed the Court's jurisdiction after appointing an arbitrator - Section 35 of the 1996 Act states that an award binds only parties to the arbitration and those claiming under them - 'Party' is defined by section 2(h) as...
Supreme Court Dismisses UCM Coal Company's Challenge To Rs.126 Cr Arbitral Award In Favor Of Adani Enterprises
The Supreme Court recently dismissed a challenge to the Allahabad High Court order which upheld an arbitral award of Rs.126 crores in favor of Adani Enterprises.A bench of Justices JK Maheshwari and Atul S Chandurkar passed the order in a petition filed by UCM Coal Company Ltd., a joint venture of Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd., Chhatisgarh Mineral Development Corporation...
Tribunal Can't Direct Reinstatement Without Considering Pending Criminal Matters: Delhi High Court
A Division Bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that even if dismissal is set aside in departmental proceedings, reinstatement and service benefits must be decided by the competent authority after considering the employee's subsequent criminal conviction on a different charge. Background Facts The respondent was a Constable in...
Kerala High Court, For Now, Directs Central Govt. Not To Levy Tax On Group Health Insurance Of Retired Union Bank Staff
The Kerala High Court on Monday (January 19) passed an interim order directing the Central government, GST Council, Union Bank and others not to levy Goods and Service Tax (GST) on the insurance premium paid by the retired employees of the Union Bank of India and similarly placed persons for the policy year 2025-26.The Division Bench of Justice V.G. Arun and Justice Harisankar V. Menon...
Employer Can't Revise Service Book Post-Retirement To Cover Up Own Lapses: J&K&L High Court Quashes Recovery From Retiree
The Jammu & Kashmir and Ladakh High Court has held that an employer cannot revise service records post-retirement to the prejudice of an employee in order to cover up its own lapses, especially when the employee was not responsible for maintaining the service book and the issue stood settled by an earlier judgment of the Court.The Court was hearing a writ petition challenging the revision...
Delhi High Court Quashes Income Tax Notices Against NDTV Founders Prannoy Roy And Radhika Roy; Imposes ₹2 Lakh Cost On Dept
The Delhi High Court has set aside the income tax reassessment notices issued to New Delhi Television Ltd. (NDTV) founders Prannoy Roy and Radhika Roy (petitioners), relating to a transaction involving RRPR Holding Pvt. Ltd, a promoter group of the news network.The bench further imposed Rs. 2 Lakh costs on tax authorities, directing that Rs. 1 Lakh be paid to each petitioner.Senior...
In Tiger Global Case, Supreme Court Explains Distinction Between 'Tax Planning' & 'Tax Evasion'
The Supreme Court has held that while an assessee is permitted in law to plan transactions to avoid tax, such planning must strictly conform to the framework of the Income Tax Act, the applicable rules, and notifications. The Court said that once a transaction structure is found to be illegal, sham, or lacking commercial substance, it ceases to be permissible tax avoidance and...
'Tax Sovereignty Must Not Be Compromised' : Supreme Court Suggests Safeguards While Entering Into International Tax Treaties
In his concurring opinion in the Tiger Global–Flipkart tax dispute, Justice JB Pardiwala stressed that tax sovereignty is an essential facet of India's economic independence and warned against ceding taxing rights through international treaties or external pressures.Justice Pardiwala fully agreed with the reasoning and conclusions reached by Justice R Mahadevan, who authored the main...
Contract To Hire Global Speakers For Media Summit Not Subject To Service Tax As 'Event Management' : Supreme Court
In a major relief for the media and event organizers, the Supreme Court on Friday (January 16) held that the fees paid to high-profile speakers through international booking agencies do not attract Service Tax under the category of "Event Management Service". A bench of Justices JB Pardiwala and KV Viswanathan set aside the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) order...