MP Entry Tax Act | Manufacturers Liable For Entry Tax As They “Cause Entry” Of Liquor Into Local Areas : Supreme Court

The Supreme Court upheld the MP High Court's decision to levy the 'entry tax' on the beer and Indian Made Foreign Liquor (“IMFL”) manufacturers for transporting goods into local areas for sale. The Court reasoned that the liquor manufacturers "cause entry" of goods into local areas, making them liable for tax under Section 2(3) of the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (“M.P. Entry Tax Act, 1976”), even if sales occur through state-controlled warehouses. ...

Limitation Act Won't Apply To Conciliation Process Under MSMED Act, But Applies To Arbitration : Supreme Court

The Supreme Court settled an important legal issue regarding the recovery of time-barred payment claims by Micro, Small, and Medium Enterprises (MSMEs) suppliers from large buyers under the MSMED Act. The Court held that while MSME suppliers may pursue time-barred debts through conciliation proceedings under the Act, such claims cannot be enforced through arbitration, as the Limitation Act applies to arbitration proceedings initiated under the MSMED framework. The Court reasoned that the...

Stem Cell Banking Services Qualify As "Healthcare Services" In Service Tax Exemption Notification : Supreme Court

The Supreme Court held that stem cell banking services, including enrolment, collection, processing, and storage of umbilical cord blood stem cells, constitute “Healthcare Services” which were exempted from service tax as per the notifications issued by the Ministry of Finance in 2012 and 2014 under the Finance Act, 1994.Holding so, a bench comprising Justice JB Pardiwala and Justice R Mahadevan set aside the assessment orders issued against M/s Stemcyte India Therapeutics Ltd for over Rs 2...

Whether Discharge In Predicate Offence Automatically Invalidates PMLA Proceedings? Supreme Court To Consider

The Supreme Court is set to consider the issue as to whether discharge in the predicate/scheduled offence would automatically invalidate proceedings initiated under the Prevention of Money Laundering Act.A bench of Justices Surya Kant and Joymalya Bagchi is dealing with the challenge to a Jammu and Kashmir and Ladakh High Court order, which held that discharge in the predicate offence does not automatically invalidate PMLA proceedings.Notice was issued on the petition in the parting Court...

The Working Of The IBC – Some Thoughts And Reflections : Justice Anand Venkatesh Writes

1. The Insolvency and Bankruptcy Code (IBC), 2016 aims at timely reorganization and resolution of corporates, firms and individuals; to maximize the assets of such debtors for the benefit of all stakeholders. It has been said that introspection is a powerful tool for self-betterment. Aristotle is believed to have said that knowing yourself is the beginning of all wisdom. There is no doubt that what is true for individuals is true for institutions which they man and run. An institution which does...

Director Sujoy Ghosh Approaches Supreme Court To Quash Copyright Infringement Case Over "Kahaani 2" Film Script

The Supreme Court on Wednesday (July 2) issued notice on a petition filed by national award-winning scriptwriter and director Sujoy Ghosh seeking to quash a criminal case filed under Section 63 of the Copyright Act, 1957, on the allegation that his movie "Kahaani 2: Durga Rani Singh" was based on a stolen script.A bench comprising Justice PS Narasimha and Justice R Mahadevan, while issuing notice to the State of Jharkhand and the complainant, allowed exemption to Ghosh from personal appearance...

'Pankaj Bansal' Judgment On Supply Of Grounds Of Arrest Applies Only Prospectively, Argues Karnataka Govt In Supreme Court

In a case filed by the State of Karnataka, the Supreme Court is likely to consider the issue as to whether its judgment in Pankaj Bansal v. Union of India, which held that the Directorate of Enforcement (ED) must furnish grounds of arrest to the accused in writing, is retrospective in application.A bench of Justices KV Viswanathan and N Kotiswar Singh heard the matter yesterday and adjourned it to June 26.The case assails decision dated 17.04.2025 rendered by the Karnataka High Court holding...

PPL Copyright Issue | Third Parties Not Exempt From Paying License Fee To PPL Because Of Stay In Azure's Favour : Supreme Court

The Supreme Court recently clarified that its interim stay order dated April 21, 2025, in the dispute between Phonographic Performance Ltd. (PPL) and Azure Hospitality Pvt. Ltd. will apply only between the parties to the suit pending before the Delhi High Court and not to third parties.On April 21, 2025 the Supreme Court had stayed the direction of the Delhi High Court ordering Azure to pay PPL licence fees for playing its copyrighted sound recordings calculated as per the tariff of Recorded...

Supreme Court Rejects Challenging Validity Of Rule 29(4) Copyright Rules Requiring Prior Notice For Statutory Broadcast Licence

The Supreme Court rejected a plea challenging Rule 29(4) of the Copyright Rules, 2013, which sets out the specific particulars that broadcasters must include in the prior notice required for invoking the statutory licence under Section 31D of the Copyright Act, 1957.Section 31D provides for a statutory licence to broadcasters to communicate literary and musical works and sound recordings without requiring prior individual licences from copyright owners, subject to conditions including prior...

Byju's Insolvency : Supreme Court Issues Notice On Riju Ravindran's Plea Against NCLAT Mandating CoC Nod For CIRP Withdrawal

The Supreme Court recently issued notice on an appeal challenging the National Company Law Appellate Tribunal (NCLAT) judgment holding that the application for withdrawal of the Corporate Insolvency Resolution Process (CIRP) of Think and Learn Pvt Ltd (trade name Byju's) needed approval from 90 percent of the Committee of Creditors. A bench of Justice Vikram Nath and Justice Sanjay Kumar stated that the prayer for interim relief would be considered on the next date of hearing, 21 July 2025. The...

Circular Clarifying Previous Notifications On Fiscal Duty Has Retrospective Effect : Supreme Court

The Supreme Court recently held that a circular/notification issued by the revenue department, clarifying or explaining a fiscal regulation, has to be given retrospective effect.In the facts of the case at hand, the Court held that a Circular dated 17.09.2010 issued by the Central Board of Excise and Customs (CBEC) had to be given retrospective effect as it clarified certain previous notifications on customs duty.It was opined that, being explanatory in nature, the Circular could not be...

S.27 Customs Act Or Doctrine Of Unjust Enrichment Won't Apply To Refund Of Bank Guarantee : Supreme Court Allows Patanjali Plea

The Supreme Court has held that Section 27 of the Customs Act, which requires a person seeking refund of duty to show that the burden was not passed on to the customer, is not applicable when refund is sought of a wrongly invoked bank guarantee.This is because encashment of bank guarantees by the Customs Department cannot be treated as payment of customs duty. Hence, neither Section 27 nor the doctrine of unjust enrichment is applicable. Holding so, the Supreme Court allowed the...