Supreme Court Issues Notice On Union's Appeal Against Bombay High Court Ruling On IGST Penalties

The Supreme Court recently issued notice on a Special Leave Petition filed by the Union government challenging a Bombay High Court ruling, which held that, prior to a 2024 amendment, the Customs Tariff Act did not permit the levy of interest, penalty, confiscation, or redemption fine on Integrated Goods and Services Tax collected on imported goods.A bench of Justice K.V. Viswanathan and Justice Vipul M. Pancholi passed the order after hearing the Additional Solicitor General for the Revenue and...

Supreme Court Stays Probe Into Exclusive Capital, Allows NCLAT Proceedings To Continue

The Supreme Court on Tuesday stayed the investigation ordered into the affairs of Exclusive Capital Limited, an NBFC, while issuing notice in an appeal filed by the company and its promoters. It, however, clarified that the proceedings pending before the National Company Law Appellate Tribunal have not been stayed and would continue in accordance with law. A bench of Justices Sanjay Kumar and K. Vinod Chandran directed that the investigation initiated pursuant to the order passed by the...

Supreme Court Refuses To Interfere With Delhi High Court Order Quashing SFIO Probe Into Moser Baer

The Supreme Court on Tuesday declined to interfere with the Delhi High Court's decision quashing a Serious Fraud Investigation Office probe into Moser Baer India Limited, holding that the High Court committed no error in setting aside the government's order directing the investigation. A Division Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria dismissed the Special Leave Petition filed by Karanartham Viramah Foundation. After hearing the petitioner, the Bench said it was...

Supreme Court Refuses To Interfere With NCLAT Order Upholding CIRP Against Air Travel Enterprises

The Supreme Court on Tuesday dismissed an appeal filed by E.M. Najeeb Ellias Mohammed, promoter of Kerala-based travel agency Air Travel Enterprises India Ltd., declining to interfere with an NCLT order admitting insolvency proceedings against the company as a corporate guarantor A bench of Justices Pamidighantam Sri Narasimha and Vijay Bishnoi held that no error of law or fact was committed by the National Company Law Tribunal. “Having heard learned senior counsel appearing for the appellant...

Supreme Court Upholds Odisha Entry Tax Act, Dismisses Tata Sponge Iron's Challenge

The Supreme Court on Tuesday dismissed Tata Sponge Iron Limited's challenge to the constitutional validity of the Odisha Entry Tax Act, 1999, and upheld the Orissa High Court's refusal to entertain the plea. The company had also sought a refund of entry tax collected by the State of Odisha. A bench of Justices Aravind Kumar and Prasanna B. Varale said there was no reason to interfere with the High Court's order. “We do not find any infirmity in the impugned order,” the court said. Tata...

Supreme Court Issues Notice In Appeal Against Order Quashing IT Assessments On Entities Merged Into Reliance Industries

The Supreme Court on Tuesday issued notice on an appeal filed by the Revenue challenging a Bombay High Court ruling that had quashed income tax assessments against Reliance Polyethylene Ltd. and Reliance Polypropylene Ltd. following their merger with Reliance Industries Ltd. A Bench of Justice Pamidighantam Sri Narasimha and Justice Vijay Bishnoi called for a response from Reliance Industries Ltd. and directed that the matter be listed for further hearing after completion of pleadings. The...

Supreme Court Refuses To Interfere With Kerala High Court Order Allowing CCI Probe Against Jiostar

The Supreme Court on Tuesday declined to interfere with a Kerala High Court ruling that permitted the Competition Commission of India (CCI) to investigate allegations that Jiostar India Private Limited abused its dominant position through discriminatory pricing in the Kerala cable television broadcasting market, even though the sector is regulated by the Telecom Regulatory Authority of India (TRAI). A bench of Justices J.B. Pardiwala and Sandeep Mehta dismissed a special leave petition filed by...

Appellate Courts Cannot Disturb Arbitral Awards Merely To Permit A Different View, Supreme Court Reiterates

The Supreme Court, recently, set aside a Madras High Court order that had deleted compensation awarded to a dredging contractor and reiterated that appellate courts cannot interfere with arbitral awards merely because they prefer a different interpretation of the contract. A Bench of Justice Pamidighantam Sri Narasimha and Justice Pankaj Mithal held that courts hearing appeals in arbitration matters have a narrow and limited role. Once an arbitral award has been examined and found free from...

Supreme Court Upholds Gujarat High Court Order Quashing Adani Power's Income Tax Reassessment Notice

The Supreme Court has refused to interfere with a 2024 Gujarat High Court ruling that quashed a reassessment notice issued to Adani Power Limited for the 2014–15 assessment year. A bench led by the Chief Justice of India, Surya Kant, and comprising Justices Joymalya Bagchi and Vipul M. Pancholi said the High Court's view “warrants no interference at all.” The court declined to condone a delay of 426 days in filing the petition. It said the explanation offered by the tax department was...

Supreme Court Orders Status Quo, Asset Disclosure In IMAX–E-City Arbitration Dispute

The Supreme Court on Friday ordered the E-City group to maintain status quo over all its assets and disclose details of its movable and immovable properties while taking up a fresh challenge to the Bombay High Court's decision that revived enforcement of foreign arbitral awards in favour of IMAX Corporation. A bench of Justices J B Pardiwala and K V Viswanathan issued notice on a special leave petition filed by E-City Real Estates Pvt. Ltd. and another group entity, challenging the Bombay High...

Supreme Court Seeks CBI, ED Status Reports On Alleged Bank Frauds Linked To Anil Ambani Group

The Supreme Court on Friday sought status reports from the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) on their ongoing probes into alleged bank frauds involving Anil Dhirubhai Ambani Group companies and their promoter, Anil Ambani. The reports are to be submitted in a sealed cover. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a public interest litigation filed by former Union government secretary E.A.S....

Supreme Court Says NCLT Could Not Have Decided Title Of Gloster Trademark In Fort Gloster Insolvency

The Supreme Court on Thursday held that the National Company Law Tribunal could not have decided the ownership of the trademark “Gloster” while exercising powers under Section 60(5) of the Insolvency and Bankruptcy Code, as the dispute did not arise in relation to the insolvency resolution process. A bench of Justices J.B. Pardiwala and K.V. Viswanathan upheld the National Company Law Appellate Tribunal,decision setting aside the NCLT Kolkata's finding that the trademark belonged to the...