Ombudsman Cannot Treat Complaint As Settled Without Customer's Acceptance Of His Advisory: Kerala High Court

A bank's payment of an amount directed by the Banking Ombudsman does not, by itself, settle a customer's complaint. The Kerala High Court has ruled that a complaint can be treated as resolved under the Reserve Bank–Integrated Ombudsman Scheme, 2021, only after the complainant accepts the advisory.A single-judge Bench of Justice M.A. Abdul Hakhim was hearing a petition filed by Mohamed Shafi, a Standard Chartered Bank customer, challenging the Banking Ombudsman's order treating his complaint as...

SARFAESI | Borrower Must Tender Entire Dues Before Auction Notice, Not Wait For Sale Certificate To Redeem Property: Allahabad HC

The Allahabad High Court has held that a borrower seeking to prevent the secured creditor from transferring a secured asset under Section 13(8) of the SARFAESI Act, 2002, must tender the entire dues before publication of the public auction notice. The date on which the sale certificate is subsequently issued is not decisive. What matters is whether the borrower tendered the entire dues within the period prescribed under the provision. Section 13(8), in the form reproduced before the Court,...

Delhi High Court Quashes Tax Assessment Orders Against Bechtel For Ignoring DRP Directions

The Delhi High Court has held that an income tax assessment order passed by an Assessing Officer (AO) in violation of the binding directions issued by the Dispute Resolution Panel (DRP) is without jurisdiction and void.The Division Bench of Justices Subramonium Prasad and Renu Bhatnagar upheld an ITAT order quashing the assessment orders passed against UK-based Bechtel Limited for the assessment years 2016-17 and 2017-18, after finding that the AO had failed to implement the DRP's directions.The...

Customs Can't Club Demands Against Multiple Parties To Meet Monetary Limit For Appeal: Delhi High Court

The Delhi High Court has held that where a common adjudication order under the Customs Act involves multiple parties, the Customs Department cannot club the demands raised against them to satisfy the monetary threshold prescribed for filing an appeal before the High Court.The Division Bench of Justices Avneesh Jhingan and Shail Jain observed that each appeal arising from a composite adjudication order must be treated as a separate case for determining whether it meets the monetary limit fixed by...

Delhi High Court Suggests Intimating Hearing Date Within 15 Days Of Income Tax Advance Ruling Application Filing

The Delhi High Court has suggested that the Board for Advance Rulings under the Income-tax Act, 2025, explore a mechanism to inform applicants of their next hearing date within 15 days of filing an application, observing that applicants cannot be kept in the dark about the status of their advance ruling applicationsThe Division Bench of Justices Dinesh Mehta and Aditi Choudhary observed that applicants seeking advance tax rulings should at least be informed of the probable hearing date so that...

Delhi High Court Upholds Restraint On Unity SFB Considering Share Capital Increase Without BharatPe's Consent

The Delhi High Court has recently dismissed an appeal filed by Unity Small Finance Bank Limited against an interim order restraining it from tabling a proposal to increase its authorised share capital without the prior written consent of Resilient Innovations Private Limited, the company that operates BharatPe. A Division Bench of Justice C. Hari Shankar and Justice Vinod Kumar observed: “The fact that the subject matter of Agenda Item 18 was a 'Reserved Matter' thus standing admitted, the...

Gujarat High Court Rejects Challenge To State Tax Inspector's Authority To Intercept Vehicles Carrying Goods

The Gujarat High Court has rejected a taxpayer's challenge to a State Tax Inspector's authority to sign Form GST MOV-01, which is issued during the interception of vehicles carrying goods for inspection. The court held that a 2019 order had expressly authorised State Tax Inspectors to intercept conveyances and inspect documents, devices, and goods.A bench of Justice Sangeeta K. Vishen and Justice P. M. Raval dismissed a petition filed by M/s Riddhi Siddhi Enterprises challenging the detention...

Rajasthan High Court Rejects Honda's Challenge To Motor Vehicle Tax On Factory-Stocked Vehicles

On 6 November, the Rajasthan High Court dismissed a batch of writ petitions, including one filed by Honda Motorcycle and Scooter India Pvt. Ltd., challenging the validity of provisions of the Rajasthan Motor Vehicles Taxation Act, 1951, the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989. A Bench of Justices Arun Monga and Ashutosh Kumar held that possession of motor vehicles by manufacturers at their factory premises in the course of business attracts motor vehicle tax...

Madhya Pradesh High Court Refuses To Interfere With ₹1.78 Crore GST Demand Over Bogus ITC

The Madhya Pradesh High Court, on 4 November, declined to interfere with a GST demand of Rs. 1.78 crore, holding that disputes involving alleged fraudulent availment of Input Tax Credit (ITC) and disputed questions of fact should be examined through statutory appellate proceedings. A Division Bench of Chief Justice Alpesh Y. Kogje and Justice Vivek Jain dismissed a writ petition filed by Maa Narmada Aluminium Extrusion Private Limited, challenging the GST proceedings initiated against it. It...

NISM Certificate Does Not Authorise Claim Of SEBI Research Analyst Registration: Gujarat High Court

The Gujarat High Court on 4 November held that an NISM certification does not, by itself, authorise a person to represent themselves as a SEBI-registered Research Analyst, as certification from the National Institute of Securities Markets (NISM) and registration with the Securities and Exchange Board of India (SEBI) are separate requirements. A Bench of Justice Mool Chand Tyagi made the observation while allowing an application filed by the original complainant, Ruzan Arizbhai Khambhata, to...

Karnataka High Court Upholds ITAT Relief To Dell International In ₹8.72 Cr. Transfer Pricing Dispute

The Karnataka High Court on 29 October dismissed the Income Tax Department's appeal against the relief granted to Dell International Services India Private Limited for Assessment Year 2006-07. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha held that the Income Tax Appellate Tribunal's (ITAT) findings on the exclusion of comparable companies and computation of working capital adjustment in a transfer pricing dispute could not be interfered with in the absence...

Patna High Court Dismisses FIR Plea Against Builder, Says RERA Must First Probe Forgery Allegations

The Patna High Court on 2 November dismissed a writ petition seeking a direction to Bihar Real Estate Regulatory Authority (RERA) to register an FIR against Jaidev Green Homes Pvt. Ltd. and its former director for allegedly filing forged documents and false affidavits before the authority.Justice Sourendra Pandey held that allegations of fraud and forgery committed before the RERA must first be inquired into by the authority concerned before criminal proceedings can be initiated, observing...