Tax Weekly Round-Up: July 28 - August 03, 2025

HIGH COURTSAllahabad HCBurden To Prove That Best Assessment By Income Tax Authorities Is Perverse Is On Assesee: Allahabad High CourtCase Title: M/S Rai Wines Ras Bahar Colony v. The Commisssioner Of Income TaxCase no.: INCOME TAX APPEAL No. - 395 of 2007The Allahabad High Court has held that the burden to prove that the findings of best assessment done by the authorities is perverse is on the assesee.The bench of Justice Shekhar B. Saraf and Justice Praveen Kumar Giri held that “when a best...

Tax Weekly Round-Up: July 21 To July 27, 2025

SUPREME COURTForeign Entity Doing Business Through Temporary Premises In India Liable To Tax : Supreme Court Rejects Hyatt International's AppealCause Title: HYATT INTERNATIONAL SOUTHWEST ASIA LTD. VERSUS ADDITIONAL DIRECTOR OF INCOME TAX (and connected matters)The Supreme Court on Thursday (July 24) ruled that the existence of a Permanent Establishment (PE) is sufficient to attract tax liability for a foreign entity in India, even in the absence of exclusive possession of a fixed place of...

IBC Weekly Round-Up: 14th July To 20th July 2025

High Court Writ Jurisdiction Cannot Be Invoked When Party Has Already Approached DRT Under SARFAESI Act: Delhi High Court Case Title: Bhadra International India Pvt. Ltd. & Ors. v. Punjab national Bank & Ors. Citation: 2025 LiveLaw (Del) 823 The Delhi High Court has dismissed a petition while upholding that if a borrower has already approached the Debt Recovery Tribunal (DRT) under the SARFAESI Act, for a one-time settlement, a writ seeking the same relief under...

Tax Weekly Round-Up: July 14 - July 20, 2025

SUPREME COURTStem Cell Banking Services Qualify As "Healthcare Services" In Service Tax Exemption Notification : Supreme CourtCase : M/S. STEMCYTE INDIA THERAPEUTICS PVT. LTD vs COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, AHMEDABAD - IIICase no.: CIVIL APPEAL NOS. 3816-3817 OF 2025The 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 Weekly Round-Up: July 07 - July 13, 2025

HIGH COURTSAllahabad HCMere Absence Of Activity At Principal Place Of Business Doesn't Mean Invoices Issued To Assessee Are Fake: Allahabad High CourtCase Title: S.S. Enterprises v. State of U.P. and AnotherCase no.: WRIT TAX No. - 3026 of 2025The Allahabad High Court has held that merely because there was no activity at the principal place of business of the assessee, it cannot be presumed that the invoices issued in favour of such assessee are fake.Petitioner approached the High Court seeking...

Tax Weekly Round-Up: June 30 - July 06, 2025

HIGH COURTSBombay HCIncome Tax | Sales Tax Incentive Under Govt Scheme For Industrial Promotion Is Capital Receipt, Not Taxable: Bombay High CourtCase Title: Bajaj Auto Limited v. Dy. Commissioner of Income TaxCase Number: INCOME TAX APPEAL NO.505 OF 2003The Bombay High Court has stated that sales tax incentive under a government scheme for industrial promotion is a capital receipt, not taxable.Chief Justice Alok Aradhe and Justice Sandeep V. Marne were addressing the issue of whether an...

Arbitration Weekly Round-Up: [23rd June-29th June 2025]

High Courts Bombay High Court Contractor Cannot Be Denied Payment For Extra Work Approved By Railways Through Their Actions: Bombay High Court Case Title: Union of India Through The General Manager Central Railway Versus PLR HC RBR JV Case Number: COMMERCIAL ARBITRATION PETITION NO.51 OF 2024 The Bombay High Court bench of Justice Somasekhar Sundaresan has held that a contractor cannot be denied payment for extra work that, while beyond the original scope of the agreement,...

Tax Weekly Round-Up: June 23 - June 29, 2025

HIGH COURTSBombay HCBenefit Of Cash Compensatory Scheme Cannot Be Denied On Castor Oil Exports Based On Subsequent Test Change: Bombay High CourtCase Title: Sanjay Kumar Agarwal v. Union of IndiaCase Number: WRIT PETITION NO.872 OF 1994The Bombay High Court stated that benefit of cash compensatory scheme benefit cannot be denied on castor oil exports based on subsequent test change.The Division Bench of Justices M.S. Sonak and Jitendra Jain has observed that contracts executed prior to the...

Arbitration Weekly Round-Up: 16th June - 22nd June 2025

High Courts Bombay High Court Bombay High Court Upholds Arbitral Award Against BCCI, Directs Payment Of ₹538.9 Crore To Defunct IPL Franchise Kochi Tuskers Kerala Case Title: Board of Control for Cricket in India v. Kochi Cricket Private Limited and Anr. Case Number: ARBITRATION PETITION NO. 1752 OF 2015 and ARBITRATION PETITION NO. 1753 OF 2015 The Bombay High Court has upheld an arbitral award granting damages amounting to 538.9 crore to Kochi Cricket Private Limited...

Tax Weekly Round-Up: June 16 - June 22, 2025

HIGH COURTSBombay HCAmount Of Subsidy Received By Assessee From RBI Cannot Be Treated As 'Interest' Chargeable U/S 4 Of Income Tax Act: Bombay High CourtCase Title: Bank of India v. Deputy Commissioner of Income Tax, Special Range-15, MumbaiCase Number: INCOME TAX APPEAL NO.425 OF 2003The Bombay High Court held that the amount of subsidy received by the Assessee from RBI cannot be treated as 'interest' chargeable under Section 4 of Income Tax Act.The Division Bench of Chief Justice Alok Aradhe...

Tax Weekly Round-Up: June 09 - June 15, 2025

HIGH COURTSKerala HCKerala High Court Directs Customs To Dispose Of Seized Buffalo Meat Consignments Within One Month Due To PerishabilityCase Title: M/s Varsha Fresh Meat Products Private Limited v. The Commissioner of Customs (Preventive)Case Number: WP(C) NO. 19159 OF 2025The Kerala High Court has directed the customs department to dispose of seized buffalo meat consignments within one month due to perishability.The Bench of Justice Ziyad Rahman A.A was addressing the issue pertaining to the...

Tax Weekly Round-Up: June 02 - June 08, 2025

HIGH COURTSAllahabad HCAllahabad High Court Rejects Patanjali's Plea Against ₹273.5 Crore GST PenaltyCase Title: M/s Patanjali Ayurved limited v. Union of India and OthersCase no.: WRIT-TAX NO. 1603 OF 2024The Allahabad High Court has directed continuation of proceedings under Section 122 of the Central Goods and Services Tax Act, 2017 against M/s Patanjali Ayurved limited's 3 plants even though proceedings under Section 74 of the Act have been dropped against them.The bench of Justice Shekhar...