Bombay High Court
IT Act | 'Charitable Trust's Bona Fide Mistake Due To Misprint In Taxmann Bare Act': Bombay High Court Condones Delay In Filing Form 9A
The Bombay High Court allowed a writ petition filed by the Charitable Trust “Savitribai Phule Shikshan Prasarak” seeking quashing and setting aside of the Order passed by the Directorate General of Income Tax Investigation (Investigation) Pune whereby the Trust/Petitioner's application for condonation of delay 509 days in filing its Form 9A for the Assessment Year 2022-23 was...
Suspension Of Proceedings By Arbitrator For Non-Payment Of Revised Fees Amounts To Effective Withdrawal From Office: Bombay High Court
The Bombay High Court held that an arbitrator who suspended the proceedings indefinitely on the ground of non-payment of revised fees and thereafter failed to conduct hearings must be deemed to have withdrawn from office under section 15 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The court further held that the arbitrator's mandate had also expired by efflux of...
S.74 Finance Act Cannot Be Invoked To Seek Redetermination Of Service Tax Liability: Bombay High Court
On November 14th, 2025, the High Court of Bombay at Aurangabad dismissed a writ petition filed by M/s Suman Construction (“assessee” hereinafter), a government-registered civil contractor, which had challenged the service tax demand raised on road construction works for government departments. The principal issue before the Court was whether the assessee could invoke...
Bombay High Court Halts Production And Sale Of Fake 'Gold Flake' Cigarettes
The Bombay High Court has temporarily restrained individuals in Raigad from manufacturing and selling counterfeit 'Gold Flake' cigarettes, following a copyright and trademark infringment suit by ITC Limited. The order will remain in effect until December 10, 2025.In an order passed on November 13, Justice Sharmila U Deshmukh observed that denying interim protection in such circumstances...
'Denial Of Relevant Information To Party By Arbitral Tribunal Amounts To Violation Of Due Process': Bombay High Court
The Bombay High Court has held that an arbitral award passed without granting access to relevant documents or materials to one of the parties amounts to a violation of the principles of natural justice and due process. The Court observed that the arbitral tribunal's refusal to supply such documents deprived the party of a fair opportunity to defend its case, thereby rendering the...
Bombay High Court Restrains 'Metro Footwear' from Infringing Metro Brands' Mark
The Bombay High Court has recently restrained Metro Footwear Store from using the mark “Metro Footwear”, ruling that it infringed the registered “METRO” trademark of Metro Brands Limited. The order was passed on November 10, 2025, by a single bench of Justice Sharmila Deshmukh while hearing an interim application alleging trademark infringement and passing off. The court noted that...
'Absence Of Arbitration Clause In Agreement Does Not Render Dispute Non-Arbitrable': Bombay High Court
The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the principal agreement contains an arbitration clause, does not render the dispute non-arbitrable. The Court ruled that a supplemental agreement, merely ancillary to the principal agreement, which seeks to record that the consideration under the Development Agreement...
Bombay High Court Restrains Publishers Of “The New Indian Express” From Using The Name Outside Southern States
The Bombay High Court has restrained Express Publications (Madurai) Pvt. Ltd. from using the title “The New Indian Express” outside the southern states for which it was granted rights, holding that the trademark “Indian Express” is exclusively owned by The Indian Express (P) Ltd.A single bench of Justice R I Chagla passed the order on November 13, 2025, allowing the interim...
Furnace Oil Not On Par With 'Plant And Machinery', Unrelated To Goods Dispatched For Complete Sales Tax Set-Off: Bombay High Court
The Bombay High Court on Wednesday held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods that are partly sold within Maharashtra and partly transferred to branches outside the state, ruling that a 6% reduction must apply under Rule 41D(3)(a) of the Bombay Sales Tax Rules, 1959. Assessee sought to put forth that Furnace oil is a consumable...
Bombay High Court Restrains Local Retail Shop From Infringing 'The Body Care' Mark
The Bombay High Court has temporarily restrained a Mumbai-based retail store from using the name “The Body Care Shop”, ruling that it infringes the registered trademark “The Body Care”, owned by a city-based cosmetics business.A single bench of Justice Sharmila U Deshmukh delivered the order on November 7, 2025, in response to a trademark infringement and passing off petition filed by...
Bombay High Court Restrains Surat Company From Using German Entity's 'PETROFER' Mark
The Bombay High Court has granted an interim injunction in favour of German lubricant manufacturer Petrofer Chemie H.R. Fischer GmbH & Co. and its Indian licensee Hardcastle Petrofer Private Limited, restraining United Petrofer Limited, a Surat-based company, from using the mark 'PETROFER'. A single bench of Justice Arif S Doctor passed the order on November 6, 2025, while deciding...
Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN
The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed...