Supreme Court & High Courts
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...
Once Resolution Plan Succeeds, Appeals Before CESTAT Abate, CENVAT Reversal Not Pre-Deposit: Calcutta High Court
The Calcutta High Court has upheld the disallowance of ₹165 crores of CENVAT credit on steel structures, parts, accessories, and cement as confirmed earlier by the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).Justice Raja Basu Chowdhury, on the issue of abatement of the appeals, dismissed the grounds of challenge relating to (i) abatement of appeals...
UPGST Rules | Reason To Believe Must Be Reduced In Writing While Operating Under Rule 86A: Allahabad High Court
The Allahabad High Court has held that while acting under Rule 86A of the UPGST Rules, authorities must record 'reason to believe' in 'writing'. It held that not doing so would be contrary to the purpose of the Rule. “It may not forgotten, granting ITC and maintaining its chain is the soul of a successful GST regime. Therefore, any doubt or suspicion alone may not lead an action by...
DDA Can't Prima Facie Levy GST On Conversion Of Property From Leasehold To Freehold: Delhi High Court
The Delhi High Court has prima facie observed that the Delhi Development Authority cannot levy GST on conversion of property from leasehold to freehold.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“Prime facie, it clearly appears that conversion is nothing but a part of the process of sale of the immovable property by the DDA to purchasers and GST would not be...
GST Act | Three-Month Limit U/S 73(2) For Department To Issue SCN Is Mandatory, 'Technical Glitch' No Excuse: Delhi High Court
The Delhi High Court has held that the time limit set out under 73(2) of the Goods and Services Tax Act for issuance of show cause notice in relation to alleged short payment of tax, etc. is mandatory in nature, and cannot be excused on account of technical glitches on GST portal.A division bench of Justices Prathiba M. Singh and Shail Jain thus quashed a SCN issued after the 3-month...
Customs Act | Delhi High Court Allows BSNL To Belatedly Challenge ₹12.63 Crore Penalty For Misdeclaration Of Goods
The Delhi High Court has allowed BSNL (Bharat Sanchar Nigam Limited) to belatedly challenge the Rs. 12,63,01,812/- imposed upon it by the Customs Department for misdeclaration of imported goods.A division bench of Justices Prathiba M. Singh and Shail Jain noted that the public autonomous service provider showed no valid justification for the delay in approaching CESTAT however, “considering...
'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...
Delhi High Court Restrains Rougue Apps From Illegally Streaming India's Upcoming Cricket Tours
The Delhi High Court has recently ordered several rogue mobile apps and websites to stop illegally streaming the upcoming South Africa and New Zealand cricket tours of India, protecting Jiostar India's exclusive broadcast rights. The injunction will remain in force until March 3, 2026.A single bench of Justice Tejas Karia passed the order on November 11, 2025, following Jiostar's urgent plea...
Must Consider Burden On State Exchequer & Balance It Against Interest Of Party In ITC Fraud Cases: Delhi High Court
The Delhi High Court has held that the Courts must, while dealing with cases involving fraudulent availment of Input Tax Credit, balance the interest of trader with that of burden on State exchequer due to tax evasion.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“in cases involving fraudulent availment of ITC…there are complex transactions involved which...
Delhi High Court Permanently Bars Lubricant Maker From Using Castrol-Like Trademarks And Packaging
The Delhi High Court has permanently restrained ZRH Lubes, an automative lubricant maker from using marks such as CREMESTROL, ACTION, MADMAXX ACTION logo, and packaging, after finding them deceptively similar to Castrol Limited's registered trademarks and trade dress.The order was passed ex-parte on November 6, 2025, by Justice Manmeet Pritam Singh Arora, as ZRH failed to file a written...
DRC-03 Payments Made During GST Search Not Voluntary; Refund Cannot Be Rejected Through Deficiency Memos: Karnataka High Court
The Karnataka High Court holds that payments made by assessee through Form GST DRC-03 at the time of search or pursuant to an investigation cannot be treated as 'voluntary payments' when amount was not determined through any formal assessment or adjudication. A Bench comprising of Justice M. Nagaprasanna, quashed deficiency memos issued by the Deputy Commissioner of Central Tax...











