LiveLawBiz: Business Law Daily Round-Up: December 15, 2025

TAX Delhi High Court Quashes ₹45.36 Crore GST Demand Against NBCC After Finance Ministry ClarificationGST | CBIC Circulars Cannot Shield Dubious Transactions; Must Operate Within Statutory Framework: Calcutta High CourtCGST Act | Gujarat High Court Upholds Power To Confiscate Goods During Transit For Tax Evasion, Clarifies Scope Of S.129 & 130Bank Not 'Assessee In Default' For Not...

Written-Off Debt Recoverable: NCLT Delhi Admits Bhushan Power Plea Against Former Subsidiary Over Rs 137 Crore

The National Company Law Tribunal (NCLT) at New Delhi has admitted an insolvency application filed by Bhushan Power & Steel Ltd against its former subsidiary Atma Ram House Investment Pvt. Ltd. The tribunal held that the Rs 136.92 crore amount advanced towards a commercial space in Delhi, qualifies as financial debt despite having been written off in the books and described as...

Limitation For Filing Appeal Against NCLT Order Begins From Date Of Its Upload: NCLAT

The National Company Law Appellate Tribunal at Chennai has held that the limitation period for filing an appeal against an order of the National Company Law Tribunal (NCLT) begins from the date the order is uploaded on the tribunal's website. On this ground alone, it dismissed two appeals filed by Cerebra Integrated Technologies Ltd as time-barred. A coram comprising Judicial Member...

Delhi High Court Quashes Pre- Insolvency Resolution GST Demands Against Patanjali Foods

The Delhi High Court has set aside GST demands raised against Patanjali Foods Limited (Ruchi Soya) for periods preceding the final approval of its insolvency resolution plan on September 4, 2019. The court held that all statutory dues not included in the approved plan stood extinguished. A division bench of Justice Prathiba M Singh and Justice Shail Jain, in a judgment delivered on December...

Customs Act | Gujarat High Court Reiterates Mandatory Cross-Examination Under Section 138B, Quashes Penalty Order

The Gujarat High Court has held that reliance on statements of witnesses without allowing the manufacturer opportunity to cross‑examine, while ignoring those statements that testified in favour of the manufacturer, violates principles of natural justice. In a judgment delivered on November 25, 2025 Justice A.S. Supehia and Justice Pranav Trivedi quashed the penalty order and...

Hotelier Liable To 18% GST Not 28% On Supply Of Carbonated Beverages, For Dine-In/Room Service : West Bengal AAR

The West Bengal Authority for Advance Ruling (AAR) has held that supply of restaurant services, including the supply of aerated beverages, would be taxable at the rate of 18% GST. In a ruling by Shri. Shafeeq S (Member- Central Tax) and Shri. Jaydip Kumar Chakrabarti (Member-State Tax) examined the two kinds of supply of Aerated Drinks viz. (i) With food (shown separately in bill and...

Delhi High Court Restrains Mumbai Apparel Brand Using Logo Similar To Beverly Hills Polo Club

The Delhi High Court has temporarily restrained a Mumbai-based clothing business, Vivaan Enterprise, from using polo player logos on its apparel after finding them deceptively similar to the well-known “Beverly Hills Polo Club” brand. The order was passed without hearing Vivaan Enterprise at this stage, meaning the Court granted immediate protection to the brand owner based on the...

Income Tax | Foreign Companies' Head Office Expenses For Indian Business Subject To Deduction Limit Under S. 44C : Supreme Court

In a set-back to foreign companies doing business operations in India, the Supreme Court on Monday (December 15) held that all head office expenditure incurred by them outside India, whether common or exclusively for their Indian business operations, must be subjected to the statutory ceiling prescribed under Section 44C of the Income Tax Act, 1961, thereby ruling out any claim for...

GST | Allahabad High Court Grants Stay On Composite Show Cause Notice For Multiple Assessment Years

Recently, the Allahabad High Court has granted stay on composite show cause notice issued by the Directorate General of GST Intelligence where multiple assessment years have been clubbed in one show cause notice. Petitioner approached the High Court against a single show cause notice issued by the Additional Director, Directorate General of GST Intelligence, Ghaziabad for tax...

NCLT Delhi Approves Flipkart's Plan To Merge Singapore Holding Entities Into Indian Arm

The National Company Law Tribunal (NCLT) at Delhi has approved a major restructuring of Walmart owned e-commerce platform Flipkart, clearing the way for the group to merge its Singapore holding entities into its Indian company and effectively consolidate its corporate domicile in India. A coram comprising Justice Ramalingam Sudhakar and Technical Member Ravindra Chaturvedi, on December 12,...

NCLAT Rejects Ex-Director's Plea for Resolution Plans in Aviom Housing Finance Insolvency

The National Company Law Appellate Tribunal (NCLAT) at Delhi has refused a suspended director of Aviom India Housing Finance Pvt. Ltd. access to resolution plans submitted during the company's insolvency process. The tribunal reiterated that once the board of a financial service provider is superseded by the Reserve Bank of India, former directors have no right to participate in the CIRP or...

Price-Fixing Circulars: CCI Holds Three Maharashtra Liquor Associations Guilty Of Cartelisation

The Competition Commission of India CCI) has held that three liquor merchants' associations operating in Maharashtra engaged in anti-competitive practices by issuing circulars prescribing prices, margins and other commercial terms, illegally distorting competition in the liquor retail market. In an order dated December 11, 2025, a coram led by Chairperson Ravneet Kaur, along with Members...