Madras High Court Acquits Woman, Says Non-Filing Of IT Return Not Wilful Without Tax Liability

The Madras High Court has acquitted a woman convicted for failing to file her income tax return, holding that the non-filing was not wilful where the Income Tax Department had failed to establish that she was liable to pay any tax.Justice Sunder Mohan observed that Section 276CC of the Income Tax Act makes the tax payable by the assessee relevant for determining whether prosecution for failure to file a return can be sustained. It held that, in the absence of any assessment or determination...

Entire Bank Account Cannot Be Frozen For ₹2,253 Disputed Transaction: Calcutta High Court

The Calcutta High Court on 30 September held that an entire bank account cannot be debit-frozen when the disputed transaction under investigation involves only a specific amount, and directed Axis Bank to de-freeze the account while retaining a lien over the disputed amount. Justice Rishad Medora directed Axis Bank to de-freeze the bank account of Sohel Molla, while permitting it to maintain a lien over Rs. 2,253 pending further directions from the investigating officer. The Bench observed: ...

Orissa High Court Quashes Air Pollution Case Against Tata Steel Over Bhushan Steel's Pre-CIRP Offences

The Orissa High Court has quashed criminal proceedings against Tata Steel Limited (TSL) arising from alleged violations of the Air (Prevention and Control of Pollution) Act, 1981 by erstwhile Bhushan Steel Limited (BSL).A coram of Justice Sibo Sankar Mishra was dealing with a petition filed by TSL under Section 482 of the Criminal Procedure Code seeking quashing of proceedings pending before the SDJM, Dhenkanal, as well as the order taking cognizance against the company. The State Pollution...

GST Appeal Pre-Deposit Has No Impact On ITC Blocking Under Rule 86A Of CGST Rules: Madras High Court

The Madras High Court has held that making the mandatory pre-deposit for filing a GST appeal does not, by itself, require unblocking of Input Tax Credit (ITC) blocked under Rule 86A of the GST Rules. Justice Senthilkumar Ramamoorthy clarified that although the pre-deposit results in a deemed stay on recovery of the balance demand under Section 107(7) of the Central Goods and Services Tax Act, 2017 (CGST Act), it does not affect a separate blocking order under Rule 86A, and disposed of a...

Karnataka High Court Upholds Forfeiture Of Developer's Advance After 7-Year JDA Delay

The Karnataka High Court on 22 September upheld the forfeiture of a developer's advance under an arbitral award after the developer failed to implement a Joint Development Agreement (JDA) for seven years. A Division Bench of Justices D.K. Singh and H. Shanthi Bhushan dismissed the developers' appeal and allowed the landowner's appeal concerning a Bengaluru-based multistoried housing project, restoring the forfeiture portion of the arbitral award which the Commercial Court had set aside. The...

Delhi High Court Directs SBI To Refund ₹83.41 Lakh Foreclosure Charges To Campari Exports

The Delhi High Court on 15 September directed the State Bank of India (SBI) to refund Rs. 83.41 lakh deducted from the account of Campari Exports Private Limited towards foreclosure charges. Justice Jasmeet Singh allowed a petition filed by Campari Exports challenging the deduction and held that SBI could not impose foreclosure charges that were not specifically provided for in the loan agreements. The Bench observed: “It is a basic requirement of a valid contract that its terms and conditions...

Calcutta High Court Quashes ₹1.68 Crore GST Demand Against SREI Equipment Finance After CIRP

The Calcutta High Court on 1 October allowed SREI Equipment Finance Limited's petition and quashed the Rs. 1.68 crore GST demand raised for alleged excess availment of integrated goods and services tax (IGST) input tax credit on imported goods for FY 2021-22. Justice Aryak Dutt held that tax authorities cannot initiate or continue proceedings for pre-resolution plan dues that were not lodged during the corporate insolvency resolution process (CIRP), as approval of the resolution plan...

Star Health Data Breach: Supreme Court Refuses To Quash Criminal Case Against Cybersecurity Expert

The Supreme Court on Monday refused to interfere with criminal proceedings against cybersecurity researcher Himanshu Pathak on a complaint filed by Star Health and Allied Insurance Company over alleged unauthorised access to and downloading of sensitive customer data.The Court had on August 6 directed Pathak to appear before the XI Metropolitan Magistrate, Chennai and furnish bail bonds while hearing his challenge against a Madras High Court judgment which declined to quash the criminal...

Delhi High Court Declares “DS Group” And Logo Well-Known Trademarks

The Delhi High Court has declared the DS Group trademark and its corresponding logo as well-known trademarks. It also permanently restrained five people and entities sued over a website that allegedly offered fake distributorships of Rajnigandha, the group's popular mouth-freshener brand.Justice Purushaindra Kumar Kaurav passed the judgment on September 25 in a suit brought by DS Intellectual Properties LLP and Dharampal Satyapal Limited, the companies that hold rights in the DS Group and...

Writ Court Cannot Appoint Arbitrator Where Contract Mandates Statutory Mechanism: Patna High Court

The Patna High Court on 29 September held that a writ court cannot appoint an arbitrator under the Arbitration and Conciliation Act, 1996 when the parties' agreement provides for resolution of disputes through a statutory arbitration mechanism. A Division Bench comprising Justices Sudhir Singh and Rajesh Kumar Verma set aside the Single Judge's order appointing a sole arbitrator in a dispute between Bihar's Mines and Geology Department and Mahadev Enclave Pvt. Ltd., noting that Clause 9 of the...

Calcutta High Court Quashes Pre-IBC Resolution Income Tax Proceedings Against Binani Cement

The Calcutta High Court has quashed income tax notices, orders, and proceedings relating to the period before UltraTech Cement took over management of Binani Cement under an approved IBC resolution plan. The Court held that claims not forming part of the resolution plan could not survive after its approval.The Court also directed the Income Tax Department to refund amounts adjusted against such pre-transfer tax demands, along with applicable interest.Justice Smita Das De was dealing with a writ...

Trade Mark Agent Authorisation Must Be Stamped Like Power Of Attorney: Kerala High Court

The Kerala High Court has recently ruled that an authorisation allowing a trade mark agent to represent an applicant before the Trade Marks Registry must be stamped under the applicable Stamp Act, holding that the document has “all the trappings of a power of attorney”.Justice Bechu Kurian Thomas held that the authorisation creates a right for the agent to represent another person."The authorisation prescribed under section 145 of the Act read with rule 19 of the Rules, is certainly an...