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Supreme Court Clarifies: Refund of GST Appeal Pre-Deposit Falls Under Section 107(6), Not Section 54 – High Court's Interpretation Set Aside"
The Hon'ble Supreme Court of India in State of Jharkhand & Ors. vs. M/s. BLA Infrastructure Private Limited [ Civil Appeal No. of 2026 (arising out of SLP(C) No. of 2026) @ Diary No. 56452/2025 ] dated January 09, 2026 held that the refund to be made to the Respondent in relation to the statutory pre-deposit made by it for maintaining the appeal, in which it thereafter succeeded, would be under the provisions of Section 107(6) read with Section 115 of the Jharkhand Goods an
5 days ago


Supreme Court Confirms: GST Authorities Cannot Seize Cash and Silver During Search – Only Goods Related to Tax Evasion Can Be Seized Under Section 67
The Hon'ble Supreme Court of India in Commissioner of CGST vs. Deepak Khandelwal [ SLP (Civil) Diary No(s). 31886 of 2024 and Others ] [ [2024] 89 GSTL 193 (SC) ] dated August 14, 2024 held that the seizure of cash and silver bars recovered during search was not sustainable as these were not subject matter of supply and evasion of tax. The Court affirmed the Delhi High Court's judgment that the purpose of Section 67 of the CGST Act was not recovery of tax but to empower aut
6 days ago


Supreme Court Rules: IGST Refund on Ocean Freight Must Go to Consumer Welfare Fund, Not Power Company – High Court's Novel Refund Procedure Struck Down
The Hon'ble Supreme Court of India in Union of India vs. Torrent Power Ltd. [ SLP Appeal (C) No. 13084 of 2025 ] dated February 10, 2026 held that where the assessee filed an application for refund of IGST paid on ocean freight under CIF contract and the same was rejected, in view of the judgment of the Apex Court in Union of India v. Mohit Minerals (P.) Ltd. [(2022) 10 SCC 700], since the incidence of tax had been passed on to consumers, in terms of Sections 54(5), 54(8)(e
6 days ago


Gujarat High Court Mandates Release of Seized Assets Following Statutory Lapses by Tax Authorities
The Hon'ble High Court of Gujarat in Reevan Creation vs. State of Gujarat [R/Special Civil Application No. 21039 of 2023] dated January 9, 2026 held that since the competent officer failed to issue a notice within six months of seizure as mandated under Section 67(7) of the Central Goods and Services Tax Act, 2017, and the provisional attachment of bank accounts exceeded the one-year statutory limit prescribed under Section 83(2), the seized items and bank accounts must be r
Feb 19


Protecting the ‘Online Soul’ of Modern Enterprise: The Landmark Dabur Judgment on Domain Name Fraud and Dynamic Injunctions
INTRODUCTION & HOOK In the high-stakes theater of global commerce, a domain name is no longer a mere technical identifier; it has evolved into the "Online Soul" of a business. As Justice Prathiba M. Singh eloquently noted, a website is the digital equivalent of a physical shop address, serving as the storefront where brand reputation and consumer trust intersect. However, this digital storefront is increasingly targeted by unscrupulous registrants who weaponize infringing dom
Feb 7


Trademark Registration Made Simple for Indian Businesses: Understanding Trademark Filing Requirements
Navigating the legal landscape of trademark filing requirements can seem daunting for many businesses in India. However, securing a trademark is a crucial step in protecting your brand identity and ensuring your business stands out in a competitive market. In this article, I will guide you through the essential aspects of trademark filing requirements, the registration process, and the benefits of having a registered trademark. This will help you make informed decisions and s
Jan 31


Supreme Court Clarifies: Complaints Against Public Servants Under BNSS Section 175(4) Must Be in Writing with Affidavit – Not a Standalone Provision
The Hon'ble Supreme Court of India in XXX vs. State of Kerala & Ors. [ Criminal Appeal No. 4629 of 2025 ] [ 2026 INSC 88 ] dated January 27, 2026 held that sub-section (4) of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is neither an independent/standalone provision nor a proviso to sub-section (3) thereof, but must be read harmoniously with sub-section (3), with the former understood as a procedural restraint upon the power conferred under both sub-se
Jan 29


Court rules that Trademark Office cannot demand proof of market use or fame for marks filed on "proposed to be used" basis. Rejection orders must explain reasoning clearly.
The Hon'ble High Court of Delhi in Kapil Goyal vs. The Registrar of Trade Marks [C.A.(COMM.IPD-TM) 15/2025] dated January 9, 2026 held that the Registrar of Trade Marks erred in refusing registration of the trademark "DOUBLE-CHOICE" for rice, flour and preparations made from cereals in Class 30. The Court held that for trademark applications filed on a proposed-to-be-used basis under Section 18(1) of the Trade Marks Act, 1999, evidence of acquired distinctiveness or seconda
Jan 10


Supreme Court holds that High Courts cannot impose timelines on investigation or grant protection from arrest while dismissing quashing petitions.
The Hon'ble Supreme Court of India in State of U.P. & Anr. vs. Mohd Arshad Khan & Anr. [ Criminal Appeal Nos. 5610-5612 of 2025 ] dated December 19, 2025 held that High Courts, while declining to quash criminal proceedings under Article 226 of the Constitution or Section 482 of the CrPC, cannot simultaneously impose fixed timelines for completion of investigation or grant blanket protection from arrest till cognizance is taken by the concerned court. The Court held that tim
Jan 2
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