High Court
S.153C Income Tax Act | Gujarat High Court Quashes Assessment Proceedings Citing 2-Yr Delay & Lack Of Date In 'Satisfaction Note'
The Gujarat High Court quashed a Section 153C Income Tax Act proceedings against a company after noting that the assessing officer's satisfaction note did not bear any date and that the note, though recorded in 2022 was "supplied" to the company only in 2024 i.e., after a delay of two years without any explanation. For context, Section 153C empowers the tax authority to assess the income of any person whose documents or assets are found during a search or seizure operation on a different...
GST | Parallel Proceedings On Sanctioned Refund An 'Overstep': Orissa High Court Quashes Recovery Proceedings As Appeal Order Stands
The Orissa High Court in a matter concerning, Double Jeopardy on Refund of about Rs. 14 crores where recovery proceedings were initiated under Section 73 for Refund already sanctioned by the Appellate Authority, has quashed the Show Cause Notice for recovery. In a recent judgment, the Division Bench, comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman, observed that by initiating recovery the Joint Commissioner sought to revive a Review Order differing with the...
Delhi High Court Temporarily Injuncts Sale Of Copycat “Little Hearts” Biscuits In Relief To Britannia
The Delhi High Court has granted an ad-interim injunction in favour of Britannia Industries Limited, restraining Shri Swastik Organics and its associates from manufacturing, selling or marketing biscuits under the name “Little Hearts” or using an identical heart-shaped biscuit design. The court found that the rival manufacturer had adopted the mark and product design in a clear and deliberate act of dishonesty. The injunction will continue until further orders.In an order passed on December...
Delhi High Court Dismisses China Company's Plea To Remove “LARK” Trademark Of Indian Company From Registry
The Delhi High Court has dismissed a trademark rectification plea by Hubei Ji Su Kan Dian Technology Co. Ltd., a China-based software and technology company, seeking removal of the “LARK” trademark registration held by Lark Engineering Company (India) Pvt. Ltd. in respect of software and technology-related services.In a judgment dated December 24, 2025, Justice Tejas Karia held that the Indian company had shown genuine use of the mark and that its registration was not based on any false claim of...
No Interest On Excise Duty Payable In Revenue-Neutral Situation Even Though Duty Demand Attained Finality: Calcutta High Court
The Calcutta High Court held that statutory interest under Section 11AB of the Central Excise Act is not leviable where the entire transaction is revenue-neutral and the duty paid is available as Cenvat Credit to downstream units, causing no loss to the exchequer. Justices Rajarshi Bharadwaj and Uday Kumar stated that the Tribunal has recorded a clear finding that the situation is revenue-neutral, inasmuch as the duty paid by the assessee was available as Cenvat credit to its ...
Kerala High Court Tax Annual Digest 2025
Direct Tax[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HCCase Title: Cochin International Airport Ltd v. The Assistant Commissioner Of Income TaxCase Number: ITA NO. 77 OF 2018The Kerala High Court stated that the Income Tax Commissioner can exercise Revisional Jurisdiction under Section 263 of the Income Tax Act, 1961.The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that...
Order Deciding Director's Authority Is Not An Arbitral Or Interim Award, Not Open To Section 34 Challenge: Karnataka High Court
The Karnataka High Court has held that an order passed by an arbitral tribunal deciding a preliminary or a factual issue such as whether the directors were authorised to execute agreements does not amount to an arbitral award or an interim award and therefore cannot be challenged under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). A Division Bench comprising Justice Anu Sivaraman and Justice Vijaykumar A. Patil allowed a commercial appeal and set aside...
Kerala High Court Grants Bail To Accused Caught In ₹5,000 Land Tax Bribery Trap By Vigilance
In an alleged bribe demand case of ₹5,000 for effecting mutation of property and payment of land tax, the Kerala High Court has granted bail to the accused after noting that the investigation was practically over and the petitioner had been in custody for more than 25 days. The order was passed by Justice Muralee Krishna S. while allowing a bail application filed by the sole accused in Crime No. VC.22/2025 of the Vigilance and Anti-Corruption Bureau (VACB), Ernakulam. The bail plea...
Delhi High Court Refuses To Restrain Haryana Company From Making Foldable Display Units In Patent Row
The Delhi High Court has declined to stop a rival manufacturer from making and selling foldable display units, saying the patent holder did not make out a case for interim protection. A single bench of Justice Mini Pushkarna, in a judgment delivered on December 24, 2025, dismissed a plea filed by the inventor Amitoje India Private Limited, a Delhi company against Haryana based Classic Display Systems Private Limited. The court held that the company's patent faced a credible challenge on...
Bombay High Court Quashes ₹1.26 Crore Arbitral Award Over Unilateral Appointment Of Arbitrator
The Bombay High Court recently set aside a ₹1.26 crore arbitral award made in favor of Madhuban Motors Pvt. Ltd. on the grounds that the lender unilaterally appointed the sole arbitrator, violating Section 12(5) of the Arbitration and Conciliation Act, 1996. Ruling that participation in arbitral proceedings cannot remedy an ineligible appointment, the Bench comprising of Justice Sandeep V. Marne held that the award was "patently illegal" and "against public policy". The disputed stemmed from a...
Availability Of Civil Remedy Not Grounds To Quash Criminal Proceedings: J&K High Court Holds In Enso Tower Dispute
The High Court of Jammu & Kashmir and Ladakh recently held that the mere existence of a civil or commercial dispute does not bar criminal prosecution, if the allegations in a complaint disclose the commission of a criminal offense. Noting that same facts might result in both civil and criminal remedies, the bench comprising of Justice Sanjay Dhar, on 26th December, 2025, rejected to quash a 2020 theft FIR arising from a landlord-tenant dispute at Enso Tower. Zaffar Abbas Din, a landlord,...
Bank's Right To Recover Becomes Absolute Once Demand Notice Is Served In Borrower's Lifetime, Fresh Notice To Legal Heirs Not Needed: Kerala HC
The Kerala High Court, in a recent judgment, held that the statutory right of a bank to recover dues from a borrower under the SARFAESI Act becomes absolute once the demand notice is duly served during his lifetime and the mandatory 60-day period expires without the liability discharged.There was no need for the bank to issue fresh notices under the Act for the legal heirs of the deceased borrower, it was held.Justice Basant Balaji was considering a plea preferred by the legal heir of a deceased...