Insights & Resources

The Supreme Court set aside the High Court’s grant of anticipatory bail to accused persons declared proclaimed offenders for evading summons in a major economic fraud. Reaffirming that anticipatory bail is a discretionary relief, the Court held that wilful evasion of judicial process disentitles accused persons from seeking such protection, especially in grave financial crimes involving public interest.

SC upholds PMLA’s continuing offence doctrine, rejecting retrospective and threshold-based challenges to money laundering prosecutions.

In K.S. Mehta v. Morgan Securities, the Supreme Court decisively addressed the vicarious liability of non-executive directors under the Negotiable Instruments Act, 1881. Reinforcing strict construction principles, the Court quashed criminal proceedings against directors lacking active involvement, setting a clear precedent on the necessity of specific allegations for liability under Section 141.

Bombay High Court reaffirms that statutory law prevails over CBDT guidelines in compounding offences under income tax legislation.

Rajasthan High Court upholds Section 153C action based on WhatsApp chats corroborated by digital records and cash book evidence.

ITAT rules that failure to transfer liabilities with assets disqualifies a demerger from tax exemption under Section 2(19AA) of the IT Act.

SC sets aside High Court’s interference in IBC proceedings, affirming that insolvency disputes must follow statutory resolution channels.

Did the Supreme Court overlook BNSS’s deemed sanction provision? This analysis dissects the ruling's impact on public servant prosecutions.

Delhi HC clarifies that cash violations under Section 269ST don't void contracts; unjust enrichment cannot override contractual claims.

In a pivotal ruling, the Delhi High Court has reaffirmed that borrowers are entitled to a personal hearing before their accounts are classified as fraud under the RBI Master Directions. Drawing upon the Supreme Court’s decision in SBI v. Rajesh Agarwal, the Court reinforced that procedural fairness and natural justice demand more than just written representation when civil consequences are involved.

SC clarifies whether royalty on minerals is a tax or a fee, reaffirming state powers in a landmark ruling with retrospective effect.

NCLT reaffirms that the IBC cannot override PMLA enforcement; RPs must approach the PMLA authority to unfreeze attached assets.

Special Bench of ITAT rules in favour of Mashreq Bank, allowing full PE expense deductions under pre-2008 India–UAE tax treaty.

The Delhi High Court clarifies reassessment timelines, approvals, and JAO powers under the faceless regime post Finance Act, 2021.

SC rules that statutory amendments apply prospectively and cannot extinguish vested tax exemptions granted under unamended law.

The Supreme Court reinforces strict bail conditions under PMLA, setting a crucial precedent in Union of India v. Kanhaiya Prasad.

Karnataka HC holds that GST recoveries made under coercion during probe cannot qualify as self-ascertained payments under Section 74(5).

ITAT rules that TCS credit on a minor’s income, clubbed under Section 64(1A), must be granted to the parent, even before 01.01.2025.

Kerala HC holds GST officers cannot seize cash unless it’s stock-in-trade, reaffirming constitutional limits on tax enforcement powers.

Madras HC quashes Section 153C assessments, holding absence of separate satisfaction note renders the proceedings void ab initio.