Corporate
IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court
The Calcutta High Court has stated that IGST (Integrated Goods and Services Tax) ITC (Input Tax Credit) declared in GSTR-9 can be set off against tax demand if missed in the monthly GSTR-3B. Justice Om Narayan Rai bench observed that the appellate authority did not justify why the IGST ITC declared in GSTR-9 could not be set off against the tax demand. In this case,...
“Shall Endeavour” Clause In Construction/Commercial Contracts Can Create Enforceable Obligations: Bombay High Court
The Bombay High Court has observed that the “shall endeavour” clause can amount to an enforceable obligation in the context of construction contracts. While mere failure to achieve revenue projections does not constitute a breach of the “shall endeavour” clause but not making best efforts to achieve projections in the business plan amounts to a breach of the clause. Facts...
Arbitration | No Review Or Appeal Lies Against Order Appointing Arbitrator : Supreme Court
The Supreme Court observed that a review or appeal from an order of appointment of an arbitrator is impermissible.“Once an arbitrator is appointed, the arbitral process must proceed unhindered. There is no statutory provision for review or appeal from an order under Section 11, which reflects a conscious legislative choice.”, the Court held, while setting aside the Patna High Court's...
GST Authorities Cannot Act Against Transporter Of Goods When Genuine E-Way Bill Present: Allahabad High Court
The Allahabad High Court has held that under GST Act, the department cannot proceed against an assessee for transport of goods, if a genuine e-way bill is present along with the consignment. Justice Piyush Agarwal held that this would be especially impermissible if the validity of the e-way bill was not disputed by the authorities. “Once the goods in question is duly accompanying...
Punjab RERA Directs Omaxe New Chandigarh Developers To Refund Homebuyer's Money For Delayed Possession
Punjab Real Estate Regulatory Authority (“Authority”) bench comprising of Arunvir Vashista (Member) directed Omaxe New Chandigarh Developers to refund the amount paid by the homebuyer to purchase a flat in their project. Authority noted that builder had agreed to hand over possession by June 2019 under the terms of the agreement but failed to provide possession by the...
HC Cannot Issue Writ To Compel Arbitrator To Decide Dispute After Expiration Of His Mandate: Allahabad High Court
The Allahabad High Court has recently clarified that it cannot issue a writ of mandamus to compel an arbitrator to decide compensation disputes relating to land acquisition for making national highways, once his mandate has expired under the Arbitration and Conciliation Act, 1996. A Division Bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh observed...
Karnataka High Court Restores Classic Legends' Rights To The 'Yezdi' Marks For Motorcycles
The Karnataka High Court has recently allowed a series of appeals filed by Classic Legends Pvt. Ltd. and its founder, restoring their right to use the 'Yezdi' name and logos for motorcycles. The judgment overturns a 2022 decision that had declared the marks to be the property of Ideal Jawa, the defunct manufacturer of the original Yezdi bikes.A Division Bench of Justice D K Singh and...
Designated Committee Must Adjust Pre-Deposits & Investigation Recoveries While Issuing Final Statement Under SVLDRS-3 Scheme: Bombay HC
The Bombay High Court has held that the Designated Committee under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is mandatorily required to verify and consider pre-deposits and amounts recovered during investigation under Form SVLDRS-3 (final statement issued by the Designated Committee showing the exact amount payable by the taxpayer under the Scheme) A...
Punjab & Haryana High Court Directs CBDT To Issue Circular Extending ITR Due Date For Audit Cases To 30.11.2025 For A.Y. 2025-26
The Punjab and Haryana High Court has directed the CBDT (Central Board of Direct Taxes) to issue a circular extending the ITR (Income Tax Return) due date for audit cases to 30.11.2025 for the Assessment Year 2025-2026. Justices Lisa Gill and Meenakshi I. Mehta were addressing a petition filed by the assessee/petitioner seeking a direction to the Central Board of Direct Taxes to...
NCLT Mumbai Rejects Indo Global Employees' Claims Filed 18 Months Late, Says Stakeholders Must Be Vigilant
The National Company Law Tribunal (NCLT) at Mumbai has recently stressed that stakeholders must act within statutory timelines during a corporate insolvency resolution process, dismissing six applications filed by former employees of Indo Global Soft Solutions and Technologies Private Limited after finding that their claims had been submitted 18 months after the last date prescribed for...
Liquidator Must Recover Assets Even If Attached By Third Parties, Attachment Cannot Override IBC: NCLT Bengaluru
The National Company Law Tribunal (NCLT) at Bengaluru has recently held that a liquidator must assume custody and control of all assets of a corporate debtor even when those assets have been seized or attached by third parties including investigating agencies, stating that such seizure cannot override the Insolvency and Bankruptcy Code. The order was passed by Judicial Member Sunil...
Buyers Of Commercial Units Are Not Homebuyers; Cannot Be Recognised As Financial Creditors: NCLT Mumbai
The National Company Law Tribunal at Mumbai has recently held that purchasers of commercial or industrial units cannot claim parity with homebuyers and are therefore not entitled to the special protection accorded to them under the Insolvency and Bankruptcy Code, which recognises homebuyers as financial creditors. A coram of Judicial Member Mohan Prasad Tiwari and Technical Member...