Pre-Cognizance Hearing Under BNSS Doesn't Apply In Companies Act Cases: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that companies and individuals prosecuted by the Serious Fraud Investigation Office (SFIO) under the Companies Act, 2013 are not entitled to a pre-cognizance hearing under the first proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It ruled that the Companies Act prescribes a separate procedure for taking cognizance in such prosecutions. Justice Subhas Mehla, who heard a petition filed by Vivo India Private Limited challenging...

Meghalaya HC Declines Writ Relief In ₹112 Crore BOT Annuity GST Case, Holds Appeal Is Proper Remedy

The Meghalaya High Court has held that disputes involving GST classification, interpretation of exemption notifications and taxability of transactions should ordinarily be decided through the statutory appellate mechanism under the Central Goods and Services Tax Act, 2017, and not through writ proceedings. A Division Bench of Justices H.S. Thangkhiew and B. Bhattacharjee dismissed a writ petition filed by Jorabat Shillong Expressway Limited, holding that the company had failed to establish any...

Confidential Material From Separate Arbitration Cannot Be Relied Upon Merely Because ICC Rules Don't Bar It: Delhi HC

The Delhi High Court has held that confidential material from a separate arbitration cannot be relied upon in another arbitral proceeding merely because the International Chamber of Commerce (ICC) Rules do not expressly prohibit its use. It upheld an arbitral award in favour of Alstom Transport India Limited after finding that the arbitral tribunal was justified in refusing to admit such material. Justice Harish Vaidyanathan Shankar observed, "A statutory mandate enacted by Parliament...

Rent For Furniture In Commercial Lease Not Taxable As Deemed Sale: Telangana High Court

The Telangana High Court on 3 July held that rent received from leasing commercial buildings along with furniture, fixtures and other amenities cannot be taxed as a transfer of the right to use goods under the Andhra Pradesh Value Added Tax Act, 2005 (APVAT Act) or the Andhra Pradesh General Sales Tax Act, 1957 (APGST Act), where the transaction is essentially one of renting immovable property and no exclusive right over the goods is transferred to the tenant. A Division Bench of Justices P....

Delhi High Court Sets Aside HPCL Penalty For Undisclosed Fake LPG Connections, Upholds Award In Part

The Delhi High Court on 1 July held that an arbitral tribunal cannot uphold a penalty for alleged fake LPG consumer connections without evidence establishing that the connections were fictitious or without disclosing their identities to the affected party. Such findings are patently illegal and liable to be set aside. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla partly allowed an appeal filed by LPG distributor D.V. Anand against an arbitral award that upheld a penalty...

Bombay High Court Restrains Hamon Cooling Systems From Using 'HAMON' Trademark

The Bombay High Court has restrained Hamon Cooling Systems Private Limited from using the "HAMON" mark and deceptively similar variants, holding that Belgian company John Cockerill Hamon SA had made out a strong prima facie case of trademark infringement and passing off. Justice Arif S. Doctor passed the order while allowing an interim application filed by John Cockerill Hamon SA. "Not only has the Plaintiff made out a strong prima facie case for the grant of interim relief, but I must also...

Post-Arbitral Award Interim Relief Does Not Require 'Exceptional Circumstances': Telangana High Court

An award holder can seek interim protection after an arbitral award becomes enforceable and need not demonstrate exceptional circumstances to obtain such relief, the Telangana High Court has held while restoring a petition seeking disclosure of the award debtor's assets. A division bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar set aside a Commercial Court order that had rejected KPB Consumers' plea for post-award interim relief. The court held that the Commercial Court's...

Bombay High Court Refuses To Restrain Cognizant From Using Hexagonal Logo In Atyati's Copyright Dispute

The Bombay High Court has refused to restrain Cognizant Technology Solutions from using its hexagonal logo, holding that fintech software company Atyati Technologies had failed to make out a case for interim relief after Cognizant prima facie established that the mark was independently created.Justice Sharmila U. Deshmukh observed that, "It is not merely the existence of a similar logo somewhere in some part of the world but the copying of the logo which would obstruct the Plaintiff's claim to...

Absence Of Bank Guarantee No Ground To Deny Interim Relief In Redevelopment Arbitration: Bombay High Court

The Bombay High Court has held that the absence of a bank guarantee under the Maharashtra government's redevelopment guidelines, by itself, cannot invalidate a housing society redevelopment project or justify refusing interim relief under the Arbitration and Conciliation Act, 1996. Holding so, the court observed, "Once this Court has already held that furnishing of bank guarantee under the Government Resolution is recommendatory and not mandatory, mere absence of a bank guarantee cannot make...

Karnataka High Court Refuses To Quash DGGI Criminal Proceedings In Alleged Fake ITC Case

The Karnataka High Court has recently refused to quash criminal proceedings against a Mysuru scrap dealer accused of allegedly fraudulently availing and passing fake Input Tax Credit (ITC). It rejected his contention that the Directorate General of GST Intelligence (DGGI) could not investigate the case because the State GST authorities had already initiated action. Justice M. Nagaprasanna relied on the Supreme Court's decision in Armour Security (India) Ltd. v. Commissioner, CGST, Delhi East...

Taxation Of Virtual Digital Assets Doesn't Subject Crypto Exchanges To Public Law Scrutiny: Delhi High Court

The Delhi High Court has recently held that the taxation of Virtual Digital Assets (VDAs) under the Finance Act, 2022 does not make cryptocurrency exchanges "State" under Article 12 of the Constitution or, by itself, subject them to public law scrutiny.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia thus dismissed an appeal filed by users of cryptocurrency exchange platform BitBNS, seeking CBI or SIT probe into the alleged withdrawal restrictions.For context,...

Madras HC Upholds Jurisdiction Of Assessing Officers To Issue Reassessment Notices Under Income Tax Act

The Madras High Court has held that Jurisdictional Assessing Officers have the authority to issue reassessment notices under Sections 148A, 148 and 147 of the Income Tax Act, 1961, observing that the retrospective insertion of Section 147A has clarified their jurisdiction to initiate proceedings for income escaping assessment. Justice C. Saravanan dismissed a batch of writ petitions challenging reassessment proceedings initiated by Jurisdictional Assessing Officers, holding that the petitioners...