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...

IBC Monthly Digest: May 2025

Nominal Index: Riju Ravindran Versus Pankaj Srivastava, C.A. No. 6613 of 2025 TATA STEEL LTD Versus Raj Kumar Banerjee & Ors., 2025 LiveLaw (SC) 542 Kalyani Transco Versus M/s Bhushan Steel and Power Ltd and connected appeals, C.A. No. 1808 of 2020 VISA COKE LIMITED Versus M/s MESCO KALINGA STEEL LIMITED, 2025 LiveLaw (SC) 505 NCLT Advocates Bar Association & Ors. Versus Union of India & Ors., MAT 469 of 2025 Elecon Engineering Company Limited Versus M/s Inox...

Tax Monthly Digest: May 2025

SUPREME COURTGST | Bail Should Be Normally Granted For Offences Under S 132 CGST Act Unless Extraordinary Circumstances Exists : Supreme CourtCase : Vineet Jain vs Union of IndiaCase no.: CRIMINAL APPEAL NO.2269 OF 2025The Supreme Court recently expressed surprise at the High Court and the Magistrate Court denying bail to a person accused of committing offences under Section 132 of the Central Goods and Services Tax Act.The Court observed that in cases like this, bail should normally be granted....

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....