Delhi High Court Temporarily Restrains One-Person Company From Using 'Media Monk' Name

The Delhi High Court has temporarily barred a one-person company from using the name “Media Monk” after finding it deceptively similar to the global digital brand MediaMonks and likely to mislead consumers. Justice Tushar Rao Gedela granted an ex parte ad interim injunction against Systemry Global Tech (OPC) Pvt. Ltd. The court restrained the company from using the marks “Media Monk”, “MediaMonk”, the domain name mediamonk.ai, or any other mark or domain that is deceptively similar to...

Arbitral Award Passed After Arbitrator's Mandate Expires Can Be Enforced If Court Extends Time Subsequtently: Supreme Court

The Supreme Court on Tuesday (February 3) held that arbitral awards delivered beyond the statutory timeline prescribed under Section 29A of the Arbitration and Conciliation Act, 1996, do not automatically become ineffective. The Court clarified that such awards remain ineffective and unenforceable at that stage but may still be given effect if a party approaches the competent court seeking an extension of the arbitral tribunal's mandate under Section 29A. “…we are of the opinion that...

Supreme Court Dismisses Income Tax Dept Plea Against Telangana HC Ruling On Time-Barred Reassessment Notices

The Supreme Court has dismissed a Special Leave Petition filed by the Income Tax Department against a common Telangana High Court judgment setting aside reassessment notices issued against several taxpayers as time-barred. The plea challenged a common judgment of the Telangana High Court, which endorsed the Delhi High Court's view that mere generation or signing of a reassessment notice does not amount to issuance and that a notice is issued only when it is dispatched The Bench of Justice...

Supreme Court Remands Flipkart Appeal Against NCLAT Order Prima Facie Finding It Preferred Certain Sellers

The Supreme Court of India on Tuesday sent back to the National Company Law Appellate Tribunal a case alleging abuse of dominance by Flipkart in favouring select sellers on its marketplace. The appeal filed by Flipkart challenges an NCLAT order dated March 4, 2020, which had set aside the closure of the case by the Competition Commission of India and held that the material on record disclosed a prima facie case of abuse of dominance warranting investigation. The NCLAT order was passed on an...

Delhi High Court Rejects Reliance Industries' Objections To Centre's Appeal In $3.86 Billion Dispute

The Delhi High Court on Monday ruled that the Centre's appeal against the refusal to enforce a foreign arbitral award in a $3.86 billion dispute with Reliance Industries can proceed. The court rejected RIL's objections to the Centre's appeal against a single judge order refusing to enforce the foreign arbitral award.The dispute relates to production sharing contracts for the Tapti and Panna Mukta oil and gas fields and a claim of USD 3,856,734,582. A Division Bench of Justice Navin Chawla and...

Amicable Settlement In Commercial GST Dispute Allows Quashing of FIR: Calcutta High Court

The Calcutta High Court recently quashed an FIR and released the frozen corporate bank accounts of Indian Compressors Ltd., clarifying that where a dispute is essentially commercial and private in nature, and the parties have voluntarily arrived at an amicable settlement, criminal proceedings may be quashed under Section 482 Cr.P.C., even for non-compoundable offences. A Bench of Justice Uday Kumar noted: "Where the dispute is essentially commercial and private in character, and the parties...

GST Appeal Filed Beyond Statutory Limitation Period Cannot Be Condoned: Gujarat High Court

The Gujarat High Court has dismissed a writ petition challenging the rejection of a Goods and Services Tax (GST) appeal against a demand order on the ground of limitation, clarifying that a High Court cannot condone delay in filing an appeal beyond the maximum period prescribed by the statute. The Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi dismissed an appeal by M/S. Agarwal Enterprises and cautioned that taxpayers are required to remain vigilant and regularly verify...

SARFAESI Act Does Not Mandate Resorting To Section 14 In Every Case Of Taking Possession: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a secured creditor is not mandatorily required to invoke proceedings under Section 14 of the SARFAESI Act for taking physical possession of secured assets, and that possession can be lawfully taken directly under Section 13(4) read with Rule 8 of the Security Interest (Enforcement) Rules, 2002, where no resistance is offered by the borrower.A Division Bench comprising Justice Anand Pathak and Justice Pushpendra Yadav allowed a writ petition filed by...

Orissa High Court Grants Bail To Accused In ₹ 85 Crore GST Fraud Case

The Orissa High Court recently granted bail to an accused in a Goods and Services Tax (GST) fraud case, where he was alleged to have fraudulently availed Rs. 85 crores of Input Tax Credit (ITC). The Single Bench of Justice G. Satapathy was hearing the accused, who was being prosecuted by the Sub-Divisional Judicial Magistrate, Bhubaneswar, under provisions of the Central Goods and Services Tax Act, 2017. The accused was implicated under Sections 132(1)(b) (fraudulently availing input tax...

Seeking To Quash GST Summons During Inquiry Is Essentially Seeking Anticipatory Bail: Delhi High Court

The Delhi High Court has refused to interfere with GST summons issued to two Panipat-based traders, holding that summons under Section 70 of the CGST Act are meant only to aid an inquiry and do not amount to the start of coercive proceedings. Dismissing the challenge, Justice Neena Bansal Krishna said that an attempt to quash summons at the inquiry stage is, in substance, an attempt to seek protection from arrest. "Seeking setting aside of Summons, is essentially seeking interim protection or...

Transfer Pricing Reference During Extended Reassessment Period Invalid: Madras High Court

The Madras High Court held that a reference to the Transfer Pricing Officer (TPO) made during the extended period available for completion of reassessment is invalid, rendering the proceedings time-barred. Justice C. Saravanan delivered the judgment while allowing a writ petition filed by Eaton Power Quality Private Limited which challenged the order passed by the TPO under Section 92CA(3) of the Income Tax Act by which the arm's length price of corporate service fees was determined at nil and...

Prior GST Payments To Authorities Can Be Adjusted Against Pre-Deposit For Filing Appeal: Allahabad High Court

The Allahabad High Court has recently held that any money deposited by a taxpayer with the GST authorities, in the facts of the case, prior to filing an appeal under Section 107 of the Goods and Services Tax Act, 2017, must be adjusted towards the mandatory pre-deposit required for filing the appeal.In the present case, an interest liability of Rs 1.43 Crore was raised against Excel Vehicles, a unit of My Auto World Kanpur Private Limited, against which the taxpayer preferred an appeal under...