Gujarat High Court Seeks Report After Tax Portal Issues Three Hearing Notices To Same Taxpayer Within Two Minutes

The Gujarat High Court has directed the Chief Commissioner of State Tax to explain how the department's portal allowed an officer to issue three personal hearing notices on the same day. Each notice fixed a different date and time for the hearing.The court warned that failure to file the report by the next hearing would invite strictures against the authorities. The notices were digitally signed within an interval of one minute and 40 seconds.“In view of the aforesaid facts, we direct the Chief...

Arbitral Awards Stamped In One State Don't Automatically Attract Extra Duty Elsewhere: Delhi High Court

The Delhi High Court on 9 October held that an arbitral award stamped in one State does not attract additional stamp duty merely because it is brought into another State for enforcement, unless a specific statutory provision imposes such liability. Justice Om Prakash Shukla rejected Oil and Natural Gas Corporation Limited's (ONGC) objection to the stamp duty paid on an arbitral award in favour of Kirloskar Pneumatic Company Limited, holding that differential stamp duty cannot be imposed without...

Karnataka High Court Upholds Reitzel India Relief, Says Export Incentives Count As Operating Income

The Karnataka High Court on 8 October dismissed the Income Tax Department's appeal against an Income Tax Appellate Tribunal (ITAT) order directing it to include export incentives received by Reitzel India Pvt. Ltd. in its operating income while determining the arm's length price (ALP) of international transactions. A Division Bench comprising Justices S.G. Pandit and Chillakur Sumalatha held that export incentives directly linked to a taxpayer's export business must be included in operating...

Bombay High Court Appoints Receiver To Take Possession Of Medical Equipment Financed By Siemens

The Bombay High Court on 19 October appointed a Court Receiver to take physical possession of medical equipment financed by Siemens Financial Services Private Limited through a Rs. 1.05 crore loan, following repeated repayment defaults by borrower Nadeem Ahmad Khandey. A Single Bench comprising Justice Amit Borkar directed the Receiver to hand over the equipment to Siemens for custody pending arbitration, while prohibiting its sale, auction, transfer or dismantling. He observed: “The order is...

Platinum Jewellery Import Restrictions Cannot Apply To Goods Arriving Before Gazette Publication: Bombay High Court

The Bombay High Court on Monday ruled that new import restrictions cannot apply to platinum jewellery that had already arrived in India before the restrictions were officially published, even if the importer files customs documents later. Relying on apex court's ruling in Viraj Impex Pvt. Ltd. vs. Union of India ,a Division Bench of Justices M.S. Karnik and Sandesh D. Patil held., “The Notification acquired the force of law only on 2nd April 2026 at 20:52:58 hours, and it can be validly...

Can Shipping Lines Without Physical Cargo Custody Be Regulated Under Customs Rules? Bombay HC To Examine

The Bombay High Court will examine whether shipping lines, shipping agents, and carriers that neither hold physical custody of cargo nor operate cargo within customs premises can be classified as 'Customs Cargo Service Providers' under the Handling of Cargo in Customs Areas Regulations, 2009.A Division Bench of Justice B.P. Colabawalla and Justice Farhan P. Dubash framed this question while admitting an appeal filed by Aegon Shipping India Pvt. Ltd. against an order passed by the Customs, Excise...

Madras High Court Upholds Barytes Export Curbs, Orders DGFT To Decide Licence Plea In 4 Weeks

The Madras High Court has upheld the Centre's decision to restrict the export of certain grades of Barytes, a mineral used in industries including oil and gas drilling.It held that the government can regulate exports to conserve scarce mineral reserves.The bench further directed the Directorate General of Foreign Trade (DGFT) to decide a company's pending request for permission to export its existing stock within four weeks.A Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and...

Housing Society Not Liable for Developer's RERA Obligations As Landowner: Bombay High Court

The Bombay High Court has ruled that a housing society as a landowner cannot be held liable for a developer's obligations under the Real Estate (Regulation and Development) Act, 2016 (RERA), merely because the developer entered into agreements for sale with flat purchasers under a redevelopment agreement.Justice Arun R. Pedneker granted interim relief to Maruthi Co-operative Housing Society Limited, allowing it to appoint a new developer. The court also directed payment of ₹7.35 crore in unpaid...

Karnataka High Court Directs Refund Of ₹15.41 Lakh Deducted From Iron Ore Auction Proceeds, Awards 8% Interest

The Karnataka High Court has directed the State government to refund ₹15.41 lakh deducted from the refund due to an iron ore auction purchaser after the auction failed because the ore was not available at the site. The Court also awarded interest at 8% per annum on the amount of ₹2.89 crore deposited by the purchaser, holding that the State cannot retain money without providing the corresponding consideration.A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha held...

Bombay High Court Appoints Arbitrator In Suncrypto-WazirX Dispute Over $261,967 In Crypto Assets

The Bombay High Court on 16 October appointed a sole arbitrator to resolve a dispute between Angellic Info Tech Private Limited, operator of Suncrypto, and Zanmai Labs Private Limited, operator of WazirX, over the alleged inability to withdraw crypto assets worth USD 261,967.86729. Justice Amit Borkar allowed Angellic Info Tech's petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed Advocate Dormaan Dalal as the sole arbitrator. He held: “In my view, only...

Karnataka High Court Quashes Reassessment Over ₹13.39 Crore Turnover Without Supporting Computation

The Karnataka High Court on 7 October set aside an income tax reassessment order against Kunjalu Venkatesh Kini over alleged non-disclosure of business turnover of Rs. 13.39 crore, holding that the Income Tax Department must disclose the computation and supporting material before proceeding with reassessment. Justice B.M. Shyam Prasad partly allowed Kini's petition and quashed the order passed under Section 148A(3) of the Income Tax Act, 1961, the related approval and the consequential...

Telangana High Court Sets Aside GAAR Order Against EKGE Retail, Allows ₹49.32 Cr. Capital Loss Set-Off

The Telangana High Court on 13 October set aside the Income Tax Department's directions invoking the General Anti-Avoidance Rule (GAAR) against EKGE Retail LLP, allowing it to set off a short-term capital loss of Rs. 49.32 crore against long-term capital gains from a business sale. A Division Bench comprising Acting Chief Justice P. Sam Koshy and Justice Narsing Rao Nandikonda allowed EKGE Retail's writ petition challenging the GAAR directions dated 23 February 2022. It held: “...the Revenue...