Income Tax Act | Reassessment Against Entity Converted Into LLP Is Void: Bombay High Court Sets Aside S.148 Notice Issued To Defunct Company

The Bombay High Court has set aside a reassessment notice issued under Section 148 of the Income Tax Act, 1961 against a company that had ceased to exist due to conversion into a Limited Liability Partnership (LLP), holding that reopening of assessment against a non-existent entity is “illegal and bad-in-law”. A Division Bench of Justice B.P. Colabawalla and Justice Amit...

Edible Crude Palm Kernel Oil Qualifies For Duty Exemption, End-Use Condition Inapplicable: Gujarat High Court

The Gujarat High Court in a writ petition has quashed a show cause notice creating duty demand of about Rs. 464 crores on import of Crude Palm Kernel Oil (Edible Grade). The Division Bench, comprising Justice Bhargav D. Karia and Justice Pranav Trivedi ruled on whether Oil even if of edible grade but required refining before human consumption qualified for customs duty exemption...

MP High Court Dismisses Builder's Plea Seeking Refund Of Differential GST On Account Of Upward Rate Revision

The Madhya Pradesh High Court has dismissed writ petition by a builder seeking reimbursement or refund of differential 6% GST on account of increase in rate (from 12% to 18%) on government works contract w.e.f. July 18, 2022. Pursuant to the recommendation of the 47th GST Council Meeting which approved suggestions of the Group of Ministers on Rate Rationalization, increased GST rate...

Customs Cannot Take Independent View Against CESTAT Classification; Wheat Gluten Eligible For DFIA Exemption: Madras High Court

The Madras High Court has held that once CESTAT has classified wheat gluten as eligible for DFIA (Duty-Free Import Authorisation) exemption, Customs authorities are bound by those findings and cannot independently deny the exemption benefits. Justice N. Anand Venkatesh stated that the impugned orders have been passed only on the ground that Wheat Gluten is not covered under...

'Sum' U/S 31(7)(b) A&C Act Excludes Pendente Lite Interest Unless Expressly Included: Delhi High Court In Award Execution Plea Against BSNL

The Delhi High Court held that if pre-award or pendente lite interest is not added to the principal amount in an arbitral award or on appeal, then post-award interest under Section 31(7)(b) cannot be charged on it.Justice Amit Bansal dismissed the decree-holder's contention that the Supreme Court's use of the phrase 'statutory interest' entitled it to post-award interest on both principal...

Indian Courts Have No Jurisdiction To Appoint Arbitrator For Foreign-Seated Arbitration : Supreme Court

The Supreme Court on Friday (November 21) dismissed a plea seeking the appointment of an arbitrator in an international commercial arbitration, holding that once the principal contract is governed by foreign law and provides for a foreign-seated arbitration, Indian courts lose jurisdiction, irrespective of the Indian nationality of any party. “Indian Courts have no jurisdiction to appoint...

NFAC Doesn't Take Away Jurisdictional Assessing Officer's Power To Initiate Reassessment U/S 148 Income Tax Act: Delhi High Court

The Delhi High Court has held that the Jurisdictional Assessing Officer (JAO) and Faceless Assessing Officer (FAO) have jurisdiction to issue reassessment notices under Section 148 of the Income Tax Act, 1961.The position has been in dispute since introduction of the E-Assessment of Income Escaping Assessment Scheme, 2022, which led to the setting up of the National Faceless Assessment...

Delhi High Court Restrains Firozabad Firm From Manufacturing Look-Alike Nutella Jars, Imposes ₹10 Lakh Costs

The Delhi High Court has permanently restrained Firozabad-based glass manufacturers from making and selling empty glass jars found to be deceptively similar to the registered Nutella jar shape used by Ferrero Spa, the maker of Nutella spreads. The court also directed the manufacturers to hand over 3.05 lakh seized jars to Ferrero and pay Rs 10 lakh towards legal costs. A single bench of...

Income Tax Reassessment Notice Generated On Last Day Of Limitation But Uploaded Next Day Due To Portal Glitch Is Time-Barred: Delhi HC

The Delhi High Court recently found time-barred, an income tax reassessment notice generated by the Department on the last day of the limitation window but, issued to the assessee only a day after.The limitation period in the case at hand expired on June 30, 2025 (inclusive).The Income Tax Department claimed that the notice was generated on June 30, 2025 at 21:14:46 and signed on June 30, 2025...

Madras High Court Revives Sreedevi Video's Dispute With Saregama Over Rights To Tamil, Telegu Film Music

The Madras High Court has revived a copyright dispute over the audio rights to iconic Telegu and Tamil films including Sagara Sangamam, Salangai Oli, Shankarabharanam and Sitara, holding that Sreedevi Video Corporation's claim seeking a permanent injunction against Saregama India Ltd must be examined on merits even though its request for a declaration of ownership is time-barred. On...

S.74(5) | GST Proceedings Can Be Closed On Payment Of 15% Pre-SCN Penalty Where Tax Already Deposited Prior To SCN: Delhi High Court

The Delhi High Court recently allowed Delhi Sales Corporation to deposit pre-SCN penalty contemplated under Section 74(5) of the Goods and Services Tax Act, despite issuance of show cause notice under Section 74(8).This, after a division bench of Justices Prathiba M. Singh and Shail Jain noted that the Petitioner-Corporation had already deposited tax and interest in terms of Section...

Reconsidering Cap On Value Of Gold Jewellery Permitted At Airports: CBIC To Delhi High Court

The Central Board of Indirect Taxes and Customs has informed the Delhi High Court that it is considering increasing the cap on the value of gold that can be carried by a person travelling to India by air.Currently, the Baggage Rules 2016 permit any jewellery of 20 grams with a value cap of Rs. 50,000/- in case of a man and 40 grams with a value cap of Rs. 1,00,000/- in case of a woman to...