Corporate
Once Resolution Plan Succeeds, Appeals Before CESTAT Abate, CENVAT Reversal Not Pre-Deposit: Calcutta High Court
The Calcutta High Court has upheld the disallowance of ₹165 crores of CENVAT credit on steel structures, parts, accessories, and cement as confirmed earlier by the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).Justice Raja Basu Chowdhury, on the issue of abatement of the appeals, dismissed the grounds of challenge relating to (i) abatement of appeals...
UPGST Rules | Reason To Believe Must Be Reduced In Writing While Operating Under Rule 86A: Allahabad High Court
The Allahabad High Court has held that while acting under Rule 86A of the UPGST Rules, authorities must record 'reason to believe' in 'writing'. It held that not doing so would be contrary to the purpose of the Rule. “It may not forgotten, granting ITC and maintaining its chain is the soul of a successful GST regime. Therefore, any doubt or suspicion alone may not lead an action by...
Settlement With SEBI Doesn't Shield Accused From Criminal Liability For Serious Economic Offences: Bombay High Court
The Bombay High Court on Friday held that settlement of adjudication proceedings with the Securities and Exchange Board of India (SEBI) cannot absolve an accused from criminal liability in cases involving serious economic offences. The Court said that paying disgorgement or settlement fees under SEBI's consent mechanism cannot be a basis for quashing criminal proceedings launched by the CBI...
Bankruptcy Proceedings Can Be Initiated Against Foreign Citizen Acting As Personal Guarantor: NCLT Hyderabad
The National Company Law Tribunal, Hyderabad Bench-II, has admitted the bankruptcy proceedings against Shri Yarlagadda Madhu Mohan, a personal guarantor and a US citizen, under Sections 121 and 123 of the IBC after his failure to submit a repayment plan. “……… Section 3(23) merely defines the term “person” to include “a person resident outside India.” It does not...
Customs Act | Delhi High Court Allows BSNL To Belatedly Challenge ₹12.63 Crore Penalty For Misdeclaration Of Goods
The Delhi High Court has allowed BSNL (Bharat Sanchar Nigam Limited) to belatedly challenge the Rs. 12,63,01,812/- imposed upon it by the Customs Department for misdeclaration of imported goods.A division bench of Justices Prathiba M. Singh and Shail Jain noted that the public autonomous service provider showed no valid justification for the delay in approaching CESTAT however, “considering...
Oppo Eligible For Customs Duty Exemption On Microphones & Receivers Used In PCBA Prior To 06.07.2019: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that Oppo Mobiles is eligible for customs exemption on microphones & receivers used in PCBA (Printed Circuit Board Assembly) prior to 06.07.2019. Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) opined that by virtue of the amendment Notification...
Dish TV Settles SEBI Case, Pays Rs 11.7 Lakh Over Jawahar Lal Goel's Unauthorized Continuation On Board
Dish TV India Limited has settled adjudication proceedings, initiated by the Securities and Exchange Board of India (SEBI) by paying Rs 11.7 lakhs, over the unauthorized continuation of Jawahar Lal Goel, a non-executive director on its board without shareholder approval, a breach of listing regulations.SEBI Adjudicating Officer Sudeep Mishra closed the adjudication proceedings on November...
'Denial Of Relevant Information To Party By Arbitral Tribunal Amounts To Violation Of Due Process': Bombay High Court
The Bombay High Court has held that an arbitral award passed without granting access to relevant documents or materials to one of the parties amounts to a violation of the principles of natural justice and due process. The Court observed that the arbitral tribunal's refusal to supply such documents deprived the party of a fair opportunity to defend its case, thereby rendering the...
Bombay High Court Restrains 'Metro Footwear' from Infringing Metro Brands' Mark
The Bombay High Court has recently restrained Metro Footwear Store from using the mark “Metro Footwear”, ruling that it infringed the registered “METRO” trademark of Metro Brands Limited. The order was passed on November 10, 2025, by a single bench of Justice Sharmila Deshmukh while hearing an interim application alleging trademark infringement and passing off. The court noted that...
Delhi High Court Restrains Rougue Apps From Illegally Streaming India's Upcoming Cricket Tours
The Delhi High Court has recently ordered several rogue mobile apps and websites to stop illegally streaming the upcoming South Africa and New Zealand cricket tours of India, protecting Jiostar India's exclusive broadcast rights. The injunction will remain in force until March 3, 2026.A single bench of Justice Tejas Karia passed the order on November 11, 2025, following Jiostar's urgent plea...
Samples Sent For R&D/Testing Are Not Finished Goods, And Their Movement To Lab Is Not Clandestine Clearance: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that samples sent for research and development (R&D) and quality testing are not finished goods, and their dispatch to a laboratory cannot be treated as clandestine removal. Justice Dilip Gupta (President) and P. Anjani Kumar (Technical Member) stated that the assessee cleared samples...
Entire Leased Land Treated As Industrial Construction: Gujarat AAR Blocks ITC On Rent, Repairs & Vacant Portion For Tata-Subsidiary
The Gujarat Authority for Advance Ruling (AAR) has disallowed Input Tax Credit (ITC) of Goods and Services Tax (GST) paid on lease rental on all three counts viz. for constructing factory building on leased land as well as vacant portion of land and on repairs, maintenance and renovation of factory building. The bench of Mr. Vishal Malani (Member- Central Tax) and MS. Sushma Vora...