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Supreme Court Declines to Restrain Google from Removing Apps Over Billing Policy

Last Updated: 12-02-2024 04:43:26pm
Supreme Court Declines to Restrain Google from Removing Apps Over Billing Policy

The Supreme Court recently refused to temporarily restrain Google from removing those apps from its Play Store that don't comply with its billing policy. [Arha Media and Broadcasting v. Google India]A Bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing appeals filed by digital start-ups and app developers challenging the Madras High Court's dismissal of petitions assailing Google's new user choice billing policy.While declining to stay the High Court order, CJI Chandrachud remarked,"They (Google) have succeeded before the High Court, how can we stay this? Let us issue notice on the petitions."The matter was directed to be listed next on March 19.Senior Advocate Mukul Rohatgi appeared for the app developers, while Senior Advocate Harish Salve appeared for Google.The High Court had in January this year dismissed the start-ups’ appeal against a single-judge verdict upholding the policy, which imposed a service fee of up to 26 per cent for download of paid apps and in-app purchases on the Google Play Store.While redirecting the appeals to the Competition Commission of India (CCI), the division bench of the High Court had granted the start-ups three weeks' interim protection against being delisted from Google Play Store.

Online news portal NewsClick on Monday withdrew its petition before the Supreme Court challenging income tax assessment notices against it so as to move the Income Tax Appellate Tribunal (ITAT) for appropriate relief. [PPK Newsclick Studios Pvt Ltd v Principal Chief Commissioner of Income Tax Central Delhi and Anr].A bench of Justices BV Nagarathna and Augustine George Masih permitted NewsClick to withdraw the plea and also stated that the ITAT is to proceed hearing the matter including applications for early hearing and interim relief in accordance with law.The bench was hearing the online news portal's plea against two income tax notices.NewsClick moved the Court challenging income tax assessment orders dated November 3, 2023 and February 20, 2023. In November, the Delhi High Court had rejected its plea in the matter.The High Court had observed that NewsClick has a lot to answer when it comes to its financial dealings, with there being no prima facie case in favour of the news portal.This led to the appeal by NewsClick before the Supreme Court.The Supreme Court had in in January sought the response of the Commissioner of the Central Income Tax Circle in the matter.The counsel for NewsClick informed the Court on Monday that the IT department had passed a final order regarding the notices in question, and it would like to approach the tribunal for relief.Further, it is facing difficulties in paying the wages of employees, the Court was told.The bench proceeded to grant it liberty to withdraw the appeal.Senior Advocates Kapil Sibal and Devadatt Kamat along with advocates Rohit Sharma, Nikhil Purohit, Jatin Lalwani, Rajesh Inamdar and Anubhav Kumar appeared for NewsClick.

TAGS: Supreme Court Google Play Store Billing Policy App Developers Digital Start-ups Chief Justice of India DY Chandrachud Justice JB Pardiwala Justice Manoj Misra Mukul Rohatgi Harish Salve


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