Tax Weekly Round-Up: May 21 - June 01, 2025

SUPREME COURTS.27 Customs Act Or Doctrine Of Unjust Enrichment Won't Apply To Refund Of Bank Guarantee : Supreme Court Allows Patanjali PleaCase Title: M/S PATANJALI FOODS LIMITED (FORMERLY KNOWN AS M/S RUCHI SOYA INDUSTRIES LTD.) VERSUS UNION OF INDIA & ORS.Case no.: CIVIL APPEAL NOS. 3833-3835 OF 2025The 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...

Tax Weekly Round-Up: May 19 - May 25, 2025

SUPREME COURTIncome Tax Act | Supreme Court Clarifies Restriction Under S.80-IA(9) On Claiming Cumulative Deductions Under S.80IA & 80-HHCCase title: Case Title: Shital Fibers Limited versus Commissioner of Income Tax (and connected cases)Case no.: CIVIL APPEAL NO.14318 OF 2015Answering a reference, the Supreme Court held that deductions under Sections 80-IA/80-IB of the Income Tax Act need not reduce the gross total income before computing deductions under other provisions like Section...

Arbitration Weekly Round Up [12th May-18th May 2025]

Supreme CourtPrivate Arbitration Clauses Cannot Override Statutory Mandates Under MSMED Act : Supreme Court Case Title: M/S HARCHARAN DASS GUPTA VERSUS UNION OF INDIA Citation : 2025 LiveLaw (SC) 567 Reaffirming that the MSMED Act prevails over the Arbitration Act, as held in Gujarat State Civil Supplies v. Mahakali Foods, the Supreme Court set aside the Karnataka High Court's interference with MSMED proceedings in Delhi, despite the contract naming Bengaluru as the arbitration...

IBC Weekly Round Up [12th May-18th May 2025]

High Court Calcutta High Court Upholds Order Dismissing Plea Challenging Shift Of NCLT Premises To New Town Case: NCLT Advocates Bar Association & Ors. -Vs- Union of India & Ors Case No: MAT 469 of 2025 The Calcutta High Court has upheld a single bench order declining a plea challenging the move to shift the NCLT Kolkata premises located near the High Court, to a new building in the city's New Town area, as proposed by the Ministry of Corporate Affairs. A ...

Tax Weekly Round-Up: May 12 - May 18, 2025

SUPREME COURTSupreme Court Upholds Constitutional Validity Of S.5A, Kerala General Sales Tax Act and S.7A, Tamil Nadu General Sales Tax ActCase Title: C.T. KOCHOUSEPH VERSUS STATE OF KERALA AND ANOTHER ETC., CIVIL APPEAL NOS. 941 – 945 OF 2004 (and connected cases)Citation : 2025 LiveLaw (SC) 554The Supreme Court recently upheld the constitutional validity of Section 5A of the Kerala General Sales Tax Act, 1963 and Section 7A of the Tamil Nadu General Sales Tax Act, 1959. "The challenge to the...

Tax Weekly Round-Up: May 05 - May 11, 2025

HIGH COURTSAndhra Pradesh HCSale Of Liquid Carbon Dioxide Is Liable To Be Taxed At 5%: Andhra Pradesh High CourtCase Title: Punjab Carbonic (p) Ltd. v. The Commercial Tax Officer and OthersCase Number: WRIT PETITION NO: 12529/2024The Andhra Pradesh High Court stated that the sale of liquid carbon dioxide is liable to be taxed at 5%.The Bench consists of Justices R Raghunandan Rao and K Manmadha Rao were addressing the issue of whether purified liquid Carbon Dioxide gas falls in the unclassified...

IBC Weekly Round Up [28th April-4th May 2025]

Nominal Index: Kalyani Transco vs M/s Bhushan Steel and Power Ltd and connected appeals | C.A. No. 1808/2020, 2025 LiveLaw (SC) 524 VISA COKE LIMITED VERSUS M/S MESCO KALINGA STEEL LIMITED, 2025 LiveLaw (SC) 505 Employees' Provident Fund Organization v/s Dr. Madurai Sundaram Sankar, Company Appeal (AT) (CH) (Ins) No. 193/2025 Kavindra Kumar and Ors. Vs M/s Desein Private Limited, Company Appeal (AT) (Insolvency) No. 1272 of 2023 T.C.A. Surveyors & Advisors Pvt....

Tax Weekly Round-Up: April 28 - May 04, 2025

SUPREME COURTCentral Excise Tariff Act | Test Reports Justifying Reclassification Must Be Disclosed to Manufacturer : Supreme CourtCase Title: M/S OSWAL PETROCHEMICALS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, MUMBAI – IICase no.: CIVIL APPEAL NOS. 129-130 OF 2011The Supreme Court ruled that when a test report forms the basis for reclassification of the petrochemical products, necessitating a higher duty, than the copy of such test reports ought to be furnished to the manufacturer-taxpayer....

Tax Weekly Round-Up: April 21 - April 27, 2025

HIGH COURTSBombay HCAmalgamated Company Can Adjust Written Down Assets Of Constituent Companies & Claim Depreciation Without Central Govt Approval: Bombay HCCase Title: Technova Imaging Systems Limited v. Deputy Commissioner of Income TaxCase Number: INCOME TAX APPEAL NO. 405 OF 2003The Bombay High Court stated that amalgamated company can adjust written down of assets of amalgamating companies and claim depreciation without central government's approval. The Division Bench of Chief Justice...

IBC Weekly Round Up [21st April-28th April 2025]

Nominal Index: Electrosteel Steel Limited (Now M/S ESL Steel Limited) vs Ispat Carrier Private Limited, 2025 LiveLaw (SC) 491 Anup Kumar Singh Vs Union of India & others., WPA 4585 of 2023 Arrhum Tradelink Pvt. Ltd. v. Manoj Khattar (Liquidator), Company Appeal (AT) (Insolvency) No. 1944 of 2024 Maneesh Ramakant Sapte Vs Export Import Bank of India & Ors, Company Appeal (AT) (Insolvency) No.1954 of 2024 Sangeeta Jatinder Mehta & Anr. V. Kailash Shah RP of...

Arbitration Weekly Digest [7th April-14th April 2025]

High Courts Bombay High Court No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court Case Title: Central Depositories Services (India) Limited. Vs. Ketan Lalit Shah and Ors. Citation: 2025 LiveLaw (Bom) 144 The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale has held that the arbitrator can allow the parties to withdraw their claims to initiate fresh arbitration...

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

SUPREME COURTDealers Cannot Claim Input Tax Credit For Purchases Linked To Exempt Sales Under UPVAT Act : Supreme CourtCase Title: NEHA ENTERPRISES VERSUS COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESHCase no.: CIVIL APPEAL NO. 6553 OF 2016Emphasizing that tax statutes must be strictly construed with statutory language taking precedence over policy intent, the Supreme Court, in a case concerning the Uttar Pradesh Value Added Tax Act, 2008 (“VAT Act”), held that a dealer is not entitled to...