IBC Weekly Round Up [21st April-28th April 2025]

Nominal Index: Electrosteel Steel Limited (Now M/S ESL Steel Limited) vs Ispat Carrier Private Limited, 2025 LiveLaw (SC) 491 Anup Kumar Singh Vs Union of India & others., WPA 4585 of 2023 Arrhum Tradelink Pvt. Ltd. v. Manoj Khattar (Liquidator), Company Appeal (AT) (Insolvency) No. 1944 of 2024 Maneesh Ramakant Sapte Vs Export Import Bank of India & Ors, Company Appeal (AT) (Insolvency) No.1954 of 2024 Sangeeta Jatinder Mehta & Anr. V. Kailash Shah RP of...

Arbitration Weekly Digest [7th April-14th April 2025]

High Courts Bombay High Court No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court Case Title: Central Depositories Services (India) Limited. Vs. Ketan Lalit Shah and Ors. Citation: 2025 LiveLaw (Bom) 144 The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale has held that the arbitrator can allow the parties to withdraw their claims to initiate fresh arbitration...

Tax Weekly Round-Up: April 14 - April 20, 2025

SUPREME COURTDealers Cannot Claim Input Tax Credit For Purchases Linked To Exempt Sales Under UPVAT Act : Supreme CourtCase Title: NEHA ENTERPRISES VERSUS COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESHCase no.: CIVIL APPEAL NO. 6553 OF 2016Emphasizing that tax statutes must be strictly construed with statutory language taking precedence over policy intent, the Supreme Court, in a case concerning the Uttar Pradesh Value Added Tax Act, 2008 (“VAT Act”), held that a dealer is not entitled to...

IBC Weekly Round-Up [14th April-20th April 2025]

Nominal Index: Sandeep Kumar Bhatt vs. Insolvency & Bankruptcy Board of India & Ors, LPA 1054/2024, CM APPL. 61894/2024 & CM APPL.1284/2025 Tirupati Drilling & Mining Services Private Limited Versus Sadbhav Engineering Limited, Company Appeal (AT) (Insolvency) No. 95 of 2025 & I.A. No. 395 of 2025 Deccan Advanced Sciences Private Limited V Escientia Biopharma Private Limited And Ors., Company Appeal (AT) (CH) No.43/2025 (IA Nos.535, 536, 537 &...

Tax Weekly Round-Up: April 07 - April 13, 2025

HIGH COURTSAllahabad HCNOIDA Authorities Deposited Party's Tax Under Wrong Head: Allahabad HC Directs Compensation To Assessee For Penalty Imposed U/S 73 Of GST ActCase Title: Surender Gupta vs. Appellate Authority State Gst / Additional Commissioner Grade-Ii And 2 OthersCase no.: WRIT TAX No. - 1892 of 2024Recently, the Allahabad High Court has directed the New Okhla Industrial Development Authority (NOIDA) to compensate the assesee Rs. Rs.19,22,778/- which was imposed on the assesee as tax and...

IBC Weekly Round-Up [7th April-13th April 2025]

Nominal Index: Blossom Zest Flat Buyers Welfare Association v. Greater Noida Industrial Development Authority and Ors. State Bank of India v. S R Timber Products Private, CP (IB) No. 27/KB/2024 Horizon Commtrade Limited v. Jasmine Commodities Private Limited, Company Petition (IB) No. 271/KB/2024 M/s Embassy Services Private Limited v. Redwoods Infrastructure Private Limited, CP (IB) No. 65/BB/2024 HDFC Bank Ltd Versus Atul Kumar Kansal & Ors.,Company Appeal...

Tax Weekly Round-Up: March 31 - April 06, 2025

HIGH COURTSDelhi High CourtDelhi High Court Grants Relief To Lufthansa Airlines, Sets Aside Revenue's Order Denying 'Nil' TDS CertificateCase title: Lufthansa Cargo AG v. Assistant Commissioner Of Income Tax & Ors.Case no.: W.P.(C) 11376/2024In a relief to German cargo airline Lufthansa, the Delhi High Court set aside the Revenue's order denying nil TDS certificate to the company for the financial year 2024-25.“Where the petitioner has been granted certificate at nil withholding tax for...

IBC Weekly Round-Up [31st March-6th April 2025]

Nominal Index: Busy Bee Airways Pvt. Ltd. vs. Dinkar T Venkatasubramanian, Liquidator, Go Airlines (India) Ltd. & Ors.,Company Appeal (AT) (Insolvency) No.124 of 2025 with Company Appeal (AT) (Insolvency) No.175 of 2025 with Company Appeal (AT) (Insolvency) No.244 of 2025 RBL Bank Limited Vs Sical Logistics Limited and Ors., Company Appeal (AT) (CH) (Ins) No.36/2024 (IA Nos. 106, 107 & 779/2024) Bahadur Ram Mallah Versus Assets Reconstruction Company (India) Limited...

IBC Weekly Round-Up [24th March - 30th March 2025]

Nominal Index: M/S JSW STEEL LIMITED VERSUS PRATISHTHA THAKUR HARITWAL & ORS., CONTEMPT PETITION (CIVIL) NO. 629 OF 2023, 2025 LiveLaw (SC) 361 Garden Silk Mills Limited v. Gayatri Industries, INTERIM APPLICATION NO. 3540 OF 2021 in FIRST APPEAL NO. 748 OF 2003 United Futuristic Trade Impex Pvt Ltd. v. Varaha Infra Ltd., Company Appeal (AT) (Insolvency) No. 480 of 2025 Alphabet Inc. & Ors. vs. Competition Commission of India & Anr., Competition Appeal...

Tax Weekly Round-Up: March 24 - March 30, 2025

SUPREME COURT'Timelines To Rectify Bonafide GST Form Errors Must Be Realistic' : Supreme Court Asks CBIC To Re-examine ProvisionsCase title : CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS v. M/S ABERDARE TECHNOLOGIES PRIVATE LIMITED & ORS.Case no.: SPECIAL LEAVE PETITION (CIVIL) Diary No. 6332/2025The Supreme Court recently underscored the need for the Central Board of Indirect Taxes and Customs to fix realistic timelines for correcting bonafide errors by the assesses in forms when filing GST...

IBC Cases Weekly Round Up [17th March-23rd March 2025]

Nominal Index: Manish Mukim v. Ms. Rakhi and Anr., Company Appeal (AT) (Insolvency) No. 617 of 2023 VISHNOO MITTAL VERSUS M/S SHAKTI TRADING COMPANY, 2025 LiveLaw (SC) 314 Authum Investment and Infrastructure Limited The Ruby Versus Ashdan Properties Private Limited and Ors., Company Appeal (AT) (Insolvency) No. 1566 of 2024 & I.A. No. 5973, 6380 of 2024 Shree Rajasthan Syntex Ltd. V Chief Engineer (Commercial), Ajmer, Ajmer Vidyut Vitran Nigam Ltd, Company Appeal (AT)...

Tax Weekly Round-Up: March 17 - March 23, 2025

HIGH COURTSAllahabad HCProceedings U/S 129 Of GST Act Are Summary Proceedings, Burden To Prove Actual Movement Of Goods Lies On Assesee: Allahabad High CourtCase Title: M/S Jaya Traders Through Its Proprietor Mr. Vishwanath Tiwari v. Additional Commissioner Grade-2 And Another Case no.: WRIT TAX No. - 1022 of 2021The Allahabad High Court has held that proceedings under section 129 of the GST Act are summary proceedings where the burden to prove the actual physical movement of goods is on the...