'Agreement For Assignment' Label Cannot Bar Stamp Duty Refund For Failed Deal: Bombay High Court

On Tuesday, 29 September, the Bombay High Court held that refund of stamp duty cannot be denied merely because a failed property transaction was documented as an “Agreement for Assignment” rather than an “Agreement to Sale”. Justice Amit Borkar directed the Maharashtra authorities to refund Rs. 29.75 lakh paid by Solanki Tea Company Private Limited, holding that the relief available under the Maharashtra Stamp Act depends on whether the transaction intended through the instrument had failed,...

Karnataka High Court Says Pregnancy Justifies Absence From GST Proceedings, Remands Ex-Parte Order

The Karnataka High Court on 18 September held that an ex-parte GST adjudication order can be set aside where a taxpayer's non-appearance is sufficiently justified, including on account of pregnancy and related medical complications. Justice Vijaykumar A. Patil of the Kalaburagi Bench allowed a writ petition filed by Soumya, proprietrix of Ganga Medical Stores, against the Deputy Commissioner of Commercial Taxes (Audit), Bidar and the Commissioner of Central Tax and Central Excise. The Bench...

Homebuyers Who Withdraw From Delayed Project Cannot Be Made To Wait For Refund Until Occupation Certificate: Bombay HC

The Bombay High Court has recently held that homebuyers who withdraw from a delayed housing project cannot be made to wait for a refund until the developer obtains an Occupation Certificate (OC).Justice Sandeep V. Marne held that the right of such homebuyers to receive their money back with interest is “absolute and unqualified”.“Thus, on plain reading of Section 18 of RERA, in my view, the right to seek return of amount with interest is absolute and unqualified. The right cannot be diluted by...

Arbitral Tribunal Can't Reject Interim Relief Merely For Overlap With Final Relief: Delhi High Court

On 28 September, the Delhi High Court held that an arbitral tribunal cannot reject interim relief under Section 17 of the Arbitration and Conciliation Act, 1996 merely because the relief sought overlaps with or is co-extensive with the final relief claimed in the arbitration. Justice Tushar Rao Gedela allowed an appeal filed by Wello Retail Pvt. Ltd. against an order passed by the arbitrator rejecting its application under Section 17 of the Act. The Bench observed: “At times, and having due...

CMRL-Exalogic Case: Kerala HC Reserves Order On Legality Of Preliminary Enquiry Without FIR Into Pinarayi Vijayan, Daughter

The Kerala High Court on Tuesday reserved its order on whether the State Government can conduct a preliminary enquiry before registering a First Information Report on the basis of material forwarded by the Enforcement Directorate (ED) alleging offences under the Prevention of Corruption Act in the CMRL-Exalogic case.Justice A. Badharudeen was hearing a plea filed by Advocate K.M. Shajahan, seeking directions for registration of an FIR against former Chief Minister of Kerala, Pinarayi Vijayan,...

Madras High Court Sets Aside Bank Guarantee Condition For Provisional Release Of ASC Impex Goods

The Madras High Court on 18 September set aside a bank guarantee condition imposed for provisional release of imported Polyester Woven Fabric with PVC Coating detained from ASC Impex over a classification dispute. Justice Hemant Chandangoudar directed Customs to release the goods on payment of applicable duty and execution of a personal bond for the differential duty. The Bench held: “The purpose of provisional release is to ensure that the goods are not unnecessarily detained during the...

Karnataka High Court Says Appeal Against CESTAT Order On GTA Classification Lies Before Supreme Court

The Karnataka High Court on 24 September held that an appeal against an order of a Customs, Excise & Service Tax Appellate Tribunal (CESTAT) on the classification and taxability of services as “Goods Transport Agency” (GTA) service lies before the Supreme Court under Section 35L of the Central Excise Act, 1944, and not before the High Court under Section 35G. A Division Bench comprising Justices R. Devdas and K. Manmadha Rao dismissed the Central Excise Appeal filed by the Commissioner of...

Forensic Audit Of Fortis Share Transactions Involving 17 Banks Can't Be A 'Fishing And Roving Inquiry': Supreme Court

The Supreme Court on Tuesday clarified that the forensic audit ordered by the Delhi High Court into the alleged dissipation of Fortis Healthcare Ltd (FHL) shares cannot become a “fishing and roving inquiry” into the affairs of 17 banks and financial institutions. The audit, ordered in the enforcement proceedings arising from Daiichi Sankyo's ₹2,562 crore arbitral award against the Singh brothers, requires the banks to be examined only in relation to their commercial transactions with FHL,...

'AI Tools Worse Than A Gun': Delhi HC Orders Takedown Of Content Infringing Drishti IAS Founder's Personality Rights

The Delhi High Court has ordered the takedown of fake social media profiles, deepfake endorsements, and unauthorised lecture clips using Drishti IAS founder Vikas Divya Kirti's identity. However, it left open for later arguments the question of whether videos that clip and re-caption his lectures in a way that allegedly distorts their meaning amounted to copyright or personality rights infringement.During the hearing, Justice A.J. Bhambhani raised concerns about powerful tools that can be used...

Service Rule Cannot By Itself Make Consumer Commission President Ineligible As Arbitrator: Delhi High Court

The Delhi High Court has ruled that a restriction in the service rules governing the President of a State Consumer Disputes Redressal Commission cannot, by itself, make the person ineligible to act as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act).A division bench of Justice Anil Khetarpal and Justice Shail Jain observed relying on ruln in Delhi Integrated Multi Modal Transit Systems Ltd. ruled, “A breach of a condition governing the office...

Delhi High Court Upholds ₹2.31 Crore Anti-Profiteering Liability Against LICHFL Care Homes

The Delhi High Court has upheld a ₹2.31 crore anti-profiteering liability imposed on LICHFL Care Homes Limited in relation to its residential project 'Jeewan Anand' in Bhubaneswar, Odisha.The Division Bench of Justices Anil Kshetarpal and Shail Jain rejected the developer's contention that CENVAT credit which was legally available under the pre-GST regime but not actually availed should be taken into account while determining the benefit arising from the introduction of GST.“The Petitioner may...

Delhi High Court Stays ₹17.66 Crore Reassessment After Same AO Accepted Siezed Cash Belonged To Company

The Delhi High Court has stayed ₹17.66 crore reassessment proceedings initiated against a company, noting that the same amount had already been accepted by the Assessing Officer as belonging to the company and had been offered to tax as cash sales.The Division Bench of Justices Dinesh Mehta and Aditi Choudhary was hearing a petition challenging a notice issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2024-25.The case arose from a search conducted on May 12, 2024 at the...