IT Act | Reassessment Cannot Be Used To Review Assessment When All Documents Were Earlier Disclosed: Bombay High Court

The Bombay High Court has held that reassessment proceedings under Sections 148 & 148A of the Income Tax Act, 1961 cannot be initiated to re-open issues that were already scrutinized and accepted during the original assessment, observing that a mere change of mind on the part of the Assessing Officer does not constitute reason to believe nor permit reassessment. A Division Bench...

Bank's Adjustments From Share and Dividend Accounts During CIRP Are Void, Refundable With Interest: NCLT Ahmedabad

The National Company Law Tribunal (NCLT) at Ahmedabad has recently held that Mehsana Urban Co-operative Bank, a lender was not entitled to deduct money from the share and dividend accounts of Swastik Ceracon Limited during its insolvency process, declaring the deductions void and directing the bank to return Rs. 56 lakh with 10 per cent interest. A coram of Judicial Member Shammi Khan...

Delhi High Court Declares 'Hermès' And Its 'Birkin' Bag's 3-D Shape As Well-Known Trademarks In India

The Delhi High Court on Monday recognised the three-dimensional shape of Hermès' iconic Birkin bag, along with the “Hermès” name and its stylised logos, as well-known trademarks in India. A single bench of Justice Tejas Karia delivered the ruling on November 24, 2025, in a trademark infringement and passing-off suit filed by Hermès International, the French luxury brand, against...

Peanut Butter Similar To Margarine; Not Exempt From Excise Duty: CESTAT

The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the Peanut Butter is similar to Margarine in terms of usage, origin, fat content, etc. and therefore not eligible for excise duty exemption. Angad Prasad (Judicial Member) and A.K. Jyotishi (Technical Member) examined whether Peanut Butter could be considered similar to Margarine. If...

Can Customs Issue SCN For IGST Recovery? Delhi High Court Issues Notice To Customs & GST Dept; Seeks Joint Affidavit

The Delhi High Court has issued notice in a writ petition against the Show Cause Notice by the Customs Department, instead of the GST Department, for recovery of Integrated Goods and Services Tax (IGST) amounting to about Rs. 5 lakhs from the exporter. The Division Bench comprising Justice Prathiba M. Singh and Justice Shail Jain has listed the matter for February 24, 2026 while...

Delhi High Court Upholds Registration Of 'Amritsar Haveli' Marks; Rejects Challenge By Haveli Restaurant

The Delhi High Court has ruled that no restaurant can claim exclusive rights over the commonly used word “Haveli,” dismissing appeals by Haveli Restaurant and Resorts Ltd. and upholding the registration of the marks “Amritsar Haveli” and “The Amritsar Haveli” for food and restaurant services. In a judgment on November 24, 2025, Justice Tejas Karia ruled that the restaurant failed...

Insolvency Cannot Be Initiated Against Guarantor Under Section 7 Without Invoking Guarantee First: NCLT Kochi

The National Company Law Tribunal (NCLT) at Kochi recently held that a financial creditor cannot directly initiate insolvency proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016, against a corporate guarantor without first invoking the guarantee in accordance with the contract and without proceeding against the principal borrower. The tribunal therefore refused to...

Delhi High Court Protects 'Gold Flake' Mark Against Lookalike 'Gold Flame' and 'Gold Fighter' Cigarettes

The Delhi High Court on Monday confirmed a temperory injunction restraining Pelican Tobacco Co. Ltd. from manufacturing or selling its “Gold Flame” and “Gold Fighter” cigarettes, holding that their packaging and marks were deceptively similar to ITC Limited's well-known “Gold Flake” brand. A single bench of Justice Tejas Karia, in a judgment delivered on November 24, said Pelican...

Madras High Court Orders New PAN For Assessee After Dept-Issued Duplicate PAN Ruins CIBIL Score

The Madras High Court has directed the department to issue a fresh PAN (Permanent Account Number) to the assessee, who suffered adverse consequences because the defaulter holding the same PAN had a bad CIBIL. The bench held that the assessee cannot be made to bear serious CIBIL consequences arising from the Income Tax Department's duplicate PAN allotment. Justice C. Saravanan stated...

Voluntary Retirement Deemed Accepted If Not Rejected Within Stipulated Period; Subsequent Demand For Technical Resignation Invalid: Delhi HC

A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that voluntary retirement is deemed automatically accepted if not expressly rejected within the stipulated period, and any subsequent demand for technical resignation cannot override a retirement that has already taken effect. Background Facts The employee was working as...

Delhi High Court Restrains Cosmetic Company From Copying Visage Beauty's O3+ Facial Kits Packaging And Mark

In a clash over look-alike facial kits, the Delhi High Court has granted Visage Beauty an interim injunction restraining Freecia Professional India from copying its packaging layout, usage instructions, ingredients text and from using the trademark 'DERMOMELAN'. A single bench of Justice Manmeet Pritam Singh Arora passed the order on November 21 while hearing Visage Beauty & Healthcare...

Refusal Of Demand Notice By Guarantor Counts As Valid Service: NCLT Hyderabad

The National Company Law Tribunal (NCLT) at Hyderabad has recently held that refusal by a personal guarantor to accept delivery of a demand notice constitutes valid and deemed service under the Insolvency and Bankruptcy Code, 2016, and has admitted the petition filed by STCI Finance Ltd. to initiate personal insolvency proceedings against Ramnath Nandakumar, personal guarantor of Natems...