Insights & Resources

The Bombay High Court, in a decisive ruling, upheld the allowability of business expenditure incurred by Mahindra & Mahindra Ltd. in supporting its distressed subsidiary. The Court reaffirmed that commercial expediency justifies such deductions under Sections 28 and 37 of the Income-tax Act, 1961. It also clarified that the Assessing Officer has limited jurisdiction under Section 115J, reinforcing the sanctity of audited financials prepared under the Companies Act.

In a significant ruling, the Bombay High Court quashed the provisional attachment of a bank account under the MGST Act, citing procedural lapses and absence of a reasoned order. The Court reiterated that such coercive powers must be exercised judiciously, based on tangible material, and not on presumptions. This decision reinforces judicial scrutiny of arbitrary use of powers under Section 83 of the GST regime.

India’s evolving crypto regulations require startups to navigate a complex matrix of tax law, AML norms, data privacy obligations, and consumer protection rules. This insight distils the key legal imperatives—FIU-IND registration, 30% taxation, CERT-In incident reporting, and DPDP compliance—into a strategic roadmap for Web3 founders building in India's regulated VDA ecosystem.

The Delhi High Court has reaffirmed that interim maintenance under Section 125 CrPC cannot be denied based on notional income or presumed earning capacity. Recognising the economic burden on custodial parents, the Court stressed actual income disclosures and caregiving roles, remanding the matter for a fresh assessment of financial documents.

The Supreme Court, in Tata Steel Ltd. v. Raj Kumar Banerjee, reinforced the rigid limitation regime under the IBC by holding that appeals to the NCLAT must be filed within the prescribed 30-day window, with only a 15-day grace period allowed. The judgment underscores that even non-parties are bound by the statutory timeline, and tribunals cannot condone delays beyond this 45-day limit, ensuring procedural certainty and speed in insolvency proceedings.

In a landmark judgment, the Supreme Court affirmed that accused persons under the PMLA are entitled to access all documents seized or filed with the prosecution, regardless of reliance by the ED. The Court ruled this disclosure is essential to uphold Article 21 and harmonised CrPC procedures with PMLA's special framework, reinforcing procedural fairness even in economic offences involving reverse burden clauses.

Does every procedural lapse under the Income-tax Act deserve a penalty? Not quite. In a notable judgment, the Chhattisgarh High Court held that Section 273B offers a crucial safeguard—reasonable cause can shield genuine transactions from automatic penalty under Section 271E. The Court set aside a penalty where the cash repayment of a loan was made under the financier’s insistence, affirming that law must balance compliance with fairness.

The RBI has released the Draft Co-Lending Arrangements Directions, 2025, proposing a unified, market-enabling framework for regulated entities. The draft aims to streamline risk-sharing, pricing, and borrower protections across digital and traditional lending partnerships while replacing fragmented earlier guidelines. This explainer highlights key provisions, compliance expectations, and systemic implications.

The RBI has issued draft directions to regulate Non-Fund Based Credit Facilities such as guarantees, letters of credit, and partial credit enhancements. This write-up provides a detailed overview of the framework, its applicability to banks and NBFCs, the proposed exposure caps, and disclosure requirements, while highlighting the shift towards electronic guarantees and risk-based credit appraisals.

The RBI has released its draft 2025 Directions on lending against gold collateral, proposing a unified, principle-based framework for all regulated entities. These Directions aim to streamline prudential norms, standardise conduct practices, and strengthen consumer protection, while ensuring fair treatment and systemic stability in gold-backed credit markets.

the US Supreme Court has overruled the four-decade-old Chevron doctrine, reasserting that courts—not agencies—hold the ultimate authority to interpret ambiguous statutes. This decision reshapes administrative law, restoring judicial independence under Article III of the US Constitution and carrying persuasive relevance for jurisdictions like India that value a strict separation of powers.

The ITAT Nagpur Bench has held that Section 56(2)(vii)(b) of the Income-tax Act, 1961 cannot be retrospectively applied to property transactions based on agreements executed prior to its commencement. In allowing the assessee’s appeal, the Tribunal reaffirmed that taxing provisions must apply prospectively unless explicitly stated otherwise, protecting pre-amendment transactions from adverse retrospective tax consequences.