Corporate
Tribunal's Power To Probe Company's Fraud Cannot Be Misused For Debt Recovery: NCLT Ahmedabad
The National Company Law Tribunal at Ahmedabad has recently held that Section 213 of the Companies Act, which empowers the tribunal to order an investigation into a company's affairs, cannot be invoked for recovery of unpaid dues. A Bench of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma, while dismissing a creditor's plea seeking an investigation into United Petrofer...
GST Migration Not Taxpayer's Burden: Delhi HC Directs CESTAT To Hear Appeal After Pre-Deposit Was Made Under Excise Head Due To Portal Failure
The Delhi High Court has held that where the Service Tax portal had become non-functional after the migration to the GST regime, the taxpayer cannot be compelled to make the mandatory pre-deposit strictly under the Service Tax ledger for maintainability of an appeal. The Court observed that once the deposit has already gone to the Government exchequer under the Excise Head. A...
Operational Creditor Cannot Become Financial Creditor Through Settlement: NCLT Mumbai
The National Company Law Tribunal (NCLT) at Mumbai has recently reaffirmed that an operational creditor cannot be converted into a financial creditor by way of a settlement with the corporate debtor. At the outset, the tribunal noted that Capacite Infraprojects Ltd was engaged only as a contractor for construction of 16 SRA buildings, and that the flats were never part of a real...
Revenue Cannot Treat Turnover Mismatch As Duty Evasion Without Examining On Merits: CESTAT Mumbai
The CESTAT Mumbai has held that when an assessee shows sufficient cause for delay in filing an appeal within the statutorily permissible condonable period of 30 days, the Commissioner (Appeals) cannot reject the appeal on limitation without examining the merits. A Bench of the CESTAT comprising of Member (Technical) M.M. Parthiban was hearing the appeal, challenging the order...
Power To Extend Arbitrator's Mandate Lies With Civil Court Of Original Jurisdiction, Not Appointing Court: Telangana High Court
The Telangana High Court dismissed a Civil Revision Petition filed by Employees State Insurance (ESI) Corporation. ESI had challenged an order passed by the Civil Court allowing the application seeking extension of the arbitrator's mandate. Justice P. Sam Koshy held that the mandate of the arbitrator under section 29A(4) of the Arbitration and Conciliation Act, 1996 (Arbitration Act)...
DGFT Calls For Information On Export-Related Non-Tariff Measures, Testing And Certification Requirements
The Directorate General of Foreign Trade (DGFT) has called for information on Non-Tariff Measures and certification requirements to be submitted within 7 days of issuance of this Trade Notice through an online form. To facilitate easy access to export credit, cross-border factoring support, the Export Promotion Mission (EPM) was announced in the Union Budget 2025-26. The EPM is...
Delhi High Court Finds No Similarity Between 'OPAL' and 'SHEOPAL'S' Mark, Denies Injunction to OPAL Cosmetics
The Delhi High Court has upheld a Commercial Court order refusing interim injunction to cosmetics brand OPAL, holding that its mark is not deceptively similar to “SHEOPAL'S,” a mark used by Sheopals Pvt. Ltd. (SPL), which also manufactures beauty and wellness products. Delivering judgment on November 26, 2025, a Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla...
Drug Names Based On International Non-Proprietary Names Cannot Be Monopolised: Bombay High Court Reaffirms
The Bombay High Court has refused to grant an interim injunction to Aristo Pharmaceutical Pvt. Ltd. in its trademark infringement and passing-off suit against Healing Pharma India Pvt. Ltd., ruling that pharmaceutical companies cannot claim exclusivity over trademarks derived from International Non-Proprietary Names (INNs). Justice Sharmila U Deshmukh held that Aristo's registered...
Delhi High Court Protects Gaay Chhap Detergent, Restrains Use Of 'Gopal Gai Chhap' and 'Cow Brand' Marks
The Delhi High Court has granted an interim injunction in favour of Gaay Chhap, a Kanpur-based detergent brand, restraining a Uttar Pradesh trader from using the marks “Gopal Gai Chhap” , “Cow Brand,” and similar labels for detergent soaps, cakes, and washing powders. Justice Tejas Karia passed the order on November 24, 2025, after finding that Gaay Chhap had shown prior and...
Pre-CIRP Tax Claims Extinguished After Plan Approval, Bombay High Court Quashes Tax Notices To V Hotels
The Bombay High Court has recently reaffirmed that income-tax assessment proceedings for any period prior to the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) stand extinguished once the National Company Law Tribunal (NCLT) approves the plan, ruling that the tax department cannot initiate or continue such proceedings thereafter.A Division Bench of Justice B...
Competition Commission Finds Basketball Federation Of India Prima Facie Liable For Abuse Of Dominance And Anti-Competitive Arrangements, Directs Investigation
Competition Commission of India (“Commission”) bench, comprising Ms. Ravneet Kaur (Chairperson), Ms. Sweta Kakkad (Member) and Mr. Deepak Anurag (Member) has passed a prima facie order directing an investigation against the Basketball Federation of India (“BFI”) for abuse of its dominant position and engaging in anti-competitive practices. Background Facts Elite Pro...
CCI Clears Toyota Group Restructuring, Investment Arm To Acquire Toyota Industries
The Competition Commission of India (CCI) has approved a proposed intra-group restructuring within the Toyota Motor group, clearing the acquisition of Japanese machine maker Toyota Industries Corporation (TIC) by Toyota Asset Preparatory Co., Ltd., an investment arm created specifically for the transaction. According to a CCI Press Release, Toyota Asset Preparatory will acquire 100%...