Telangana High Court
Interest Earned By Co-operative Credit Society On Bank Deposits Eligible For Tax Deduction: Telangana HC
The Telangana High Court has held that interest earned by the Hyderabad-based co-operative credit society on bank deposits made from its business funds is eligible for deduction under the provision applicable to co-operative societies providing credit facilities to their members."It is clear that eligibility for deduction under Section 80P(2)(a) requires that the claim must relate to the profits and gains of business attributable to one or more of the activities specified therein. In the present...
Revenue Cannot Demand Interest On Delayed Duties Yet Deny It On Refund: Telangana High Court
The Telangana High Court recently held that the Revenue is bound to compensate a taxpayer for amounts wrongfully collected and retained as interest on alleged central excise duty liability arising from a customs notification, even where such amounts were recovered under an amnesty scheme. The court said, “the Revenue cannot act in contradicting ways, i.e., on one hand demanding interest from the assessee for the delay in payment of duties and on other hand refusing to pay interest on the amount...
Telangana HC Upholds ITAT Order Rectifying Contradiction That Allowed Both Taxpayer and Revenue Appeals
The Telangana High Court has upheld an Income Tax Appellate Tribunal (ITAT) order that corrected its own contradictory ruling after it had simultaneously allowed both the assessee's and the Revenue's appeals on the very same issue. Holding that such an outcome was inherently inconsistent, a bench of Justice P. Sam Koshy and Justice Suddala Chalapathi Rao observed the tribunal was justified in stepping in to resolve the contradiction, especially when it had already decided the issue on...
Telangana HC Restores ₹168 Crore Award, Says Pending Plea No Bar To Consensual Appointment Of Arbitrator
The Telangana High Court has set aside a Commercial Court order that annulled a Rs. 168.36 crore arbitral award against the Hyderabad Metropolitan Development Authority and others in a contract dispute with Ramky Elsmex Hyderabad Ring Road Limited. The court held that the consensual appointment of a presiding arbitrator is not rendered invalid only because an application for such appointment was pending before the court.Rejecting the Hyderabad Metropolitan Development Authority's contention that...
Telangana High Court Refuses Challenge To Arrest Of Fino Payments Bank CEO In ₹840 Crore GST Case
The Telangana High Court has upheld the arrest of Fino Payments Bank CEO Rishi Nand Kishore Gupta in an alleged ₹840 crore GST evasion case, holding that the 24-hour safeguard under Article 22(2) of the Constitution was not violated and observing that his contention of being in custody prior to arrest did “not merit acceptance.”Dismissing his writ petition, a Division Bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin held that Gupta was produced before the Magistrate within...
75% Pre-Deposit Under MSMED Act Mandatory For Challenging Arbitral Award: Telangana High Court
The Telangana High Court on 15 April 2026 held that a buyer cannot circumvent the mandatory 75% pre-deposit requirement under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) to challenge an arbitral award. A Division Bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar dismissed a Civil Revision Petition filed by Kendriya Bhandar, which sought exemption from depositing 75% of the awarded amount while challenging an award passed by the Micro...
Suspicion, Human Probabilities Insufficient For Tax Additions Without Evidence: Telangana High Court
The Telangana High Court on 6 March held that additions under Section 68 of the Income Tax Act, 1961 cannot be sustained merely on suspicion or the test of human probabilities and must rest on concrete evidence. A Division Bench of Justices Sam Koshy and Suddala Chalapathi Rao dismissed the Revenue's appeals and upheld the Income Tax Appellate Tribunal (ITAT)'s decision to remand the issue of Rs. 182 crore share premium received by Bharathi Cement Corporation Pvt. Ltd. for fresh examination. It...
Shareholder's Loss Of Control In Hotel Project During CIRP Not Deprivation Of Property Under Article 300A: Telangana HC
The Telangana High Court has upheld the State's decision to grant consent for a change in control of a Hyderabad hotel project under an insolvency resolution plan, holding that a shareholder cannot claim a vested right to retain control over the corporate debtor and that any loss suffered is merely a commercial consequence of the insolvency process, not a deprivation of property under Article 300A. "It cannot be construed as a deprivation of property dehors the authority of law. The appellant,...
Separate GST Liability Orders Must Be Issued To Enable Appeals By Company And MD: Telangana High Court
The Telangana High Court on 8 April, held that a single, composite GST liability order against a company and its Managing Director cannot be used to deny them independent appellate remedies. The Division Bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin allowed writ petitions filed by Sugna Metal Limited and its Managing Director, and directed tax authorities to issue separate orders. The judges held: “...,the Managing Director (petitioner in W.P.No.9166 of 2026), after...
Railways' SCR Treasury Account Not Immune To Attachment Without Proof Of Exempt Funds: Telangana High Court
The Telangana High Court has recently held that the Railways' SCR treasury account is not immune from attachment in execution proceedings in their entirety and that only specifically identifiable exempt amounts can be protected. Clarifying that exemptions under Section 60 of the Civil Procedure Code apply only to identifiable portions of funds and not entire accounts, the Court said, “It is also pertinent to note that the proviso to section 60(1) of the CPC carve-out exceptions from...
Telangana High Court Sets Aside Order Directing Swiggy To Furnish ₹58.6 Lakh Security In Recovery Suit
The Telangana High Court has recently set aside an order directing online food delivery platform Swiggy to furnish Rs 58.60 lakh as security or face attachment of its bank account before judgment in a money recovery suit over alleged unpaid dues for supplies. It held that such attachment cannot be ordered in the absence of material satisfying the requirements under Order XXXVIII Rule 5 of the Civil Procedure Code.Order XXXVIII Rule 5 CPC empowers a court to direct a defendant to furnish security...
Provision For Termination Of Arbitrator's Mandate Cannot Be Used To Challenge His Appointment: Telangana High Court
The Telangana High Court has recently held that Section 14 of the Arbitration and Conciliation Act, 1996 (provision for termination of an arbitrator's mandate) is a narrow provision and cannot be used to indirectly challenge the validity of an arbitrator's appointment once that issue has attained finality. Justice K. Lakshman dismissed an application filed by Galore Infratech Pvt. Ltd. under Sections 14, 15 and 11 of the Act. The company had sought termination of the arbitrator's mandate and...










