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Dec 16, 20244 min read
Preponderance of Probability v. Mere Suspicion: Delhi High Court Reaffirms the Need for Concrete Evidence in Clandestine Removal Allegations
Delhi HC emphasises that credible evidence, not mere suspicion, is required to prove clandestine removal in excise duty cases.
Dec 16, 20244 min read
Delhi High Court: Fund Collection Alone Does Not Constitute Proceeds of Crime, Grants Bail
Delhi High Court grants bail under PMLA, ruling that fund collection without links to a scheduled offence isn't proceeds of crime.
Dec 14, 20245 min read
Investor Protection v. Regulatory Balance: Bombay High Court Upholds SEBI’s Delisting Regulations Under IBC
The Bombay High Court affirms the IBC’s primacy over SEBI rules, balancing delisting regulations with insolvency resolution objectives.
Dec 12, 20244 min read
Personal Guarantors in CIRP: NCLAT Explains that Guarantors’ Eligibility as Financial Creditors Under IBC is Conditional on Debt Discharge
Personal guarantors can claim creditor rights in CIRP only after discharging liabilities, ensuring fair voting rights for secured creditors.
Dec 12, 20243 min read
Delhi High Court Quashes Reassessment: Upholds Statutory Time Limits in Tax Cases
The Delhi HC quashes reassessment notices, reinforcing statutory time limits under the Income-tax Act and clarifying procedural safeguards.
Dec 9, 20244 min read
Jurisdictional Integrity in GST Investigations: Karnataka High Court Quashes Proceedings Based on Improper Officer Actions
The Karnataka High Court voided GST proceedings, citing jurisdictional lapses and improper officer actions, reinforcing procedural integrity
Dec 7, 20244 min read
Presumption of Guilt: Supreme Court Restores Conviction in Corruption Case under Prevention of Corruption Act
The SC restores conviction in a bribery case, reinforcing evidentiary standards and accountability under the Prevention of Corruption Act.
Dec 6, 20244 min read
Taxation of Virtual Digital Assets: ITAT Holds Bitcoin Gains to be Taxed as Capital Assets
ITAT rules Bitcoin gains as capital assets, taxable under capital gains, not other income, pre-A.Y. 2022-23.
Dec 3, 20244 min read
Comprehensive v. Partial Dispute Resolution: Delhi High Court Restricts the Scope of Settlement under the DTVSV Act
Delhi High Court upholds taxpayer rights under the DTVSV Act, clarifying the autonomy to settle specific disputes without Revenue compulsion
Dec 2, 20242 min read
Prolonged Incarceration Addressed: Calcutta HC Grants Bail in PMLA Case
Highlighting Article 21 of the Constitution, the Calcutta HC granted bail to a petitioner, balancing rights with alleged PMLA violations.
Nov 30, 20244 min read
Delhi HC: Judicial Analysis of Interplay Between Sections 153C and 147 in Tax Reassessment
Delhi HC clarifies interplay between ss. 153C and 147, ensuring reassessment integrity while balancing procedural and jurisdictional powers.
Nov 30, 20243 min read
Supreme Court Clarifies the Scope of Section 195 of the CrPC While Preventing Erosion of Public Trust
The Supreme Court reaffirms judicial accountability by clarifying procedural bars under Section 195 CrPC, ensuring trust in justice.
Nov 30, 20244 min read
Assessing Officer’s Duty to Conduct an Independent Inquiry: ITAT Clarifies the Burden of Proof under Section 68 of the Income-Tax Act
ITAT highlights the importance of evidence over procedural lapses, clarifying the Assessing Officer's duty under s. 68 of the Income-Tax Act
Nov 30, 20245 min read
Jail is the Exception: Delhi High Court Reaffirms Article 21 in Granting Bail Under PMLA
The Delhi HC grants bail under PMLA, stressing a. 21 rights and balancing stringent bail conditions with trial delays and liberty concerns.
Nov 25, 20243 min read
Bombay High Court Clarifies Revenue v. Capital Expenses under Income-tax Act
The Bombay High Court ruled that broken period interest and debenture issuance expenses qualify as deductible business expenditure.
Nov 23, 20244 min read
Equitable Enforcement of Contracts: The Supreme Court Reiterates Principles of Specific Performance, Limitation, and Lis Pendens
The Supreme Court revisits principles of specific performance, limitation, and lis pendens in a landmark case on contract enforcement.
Nov 23, 20244 min read
NCLAT: Sale of Corporate Debtor as Going Concern Prevails Over Scheme of Arrangement
The NCLAT Chennai upheld the priority of selling a corporate debtor as a going concern, aligning with the IBC's goals of value maximisation.
Nov 22, 20243 min read
ITAT Ruling on Deductibility of Loss on Inter-Corporate Deposits
The ITAT reviews the deductibility of losses on inter-corporate deposits, emphasising statutory compliance and evidentiary support.
Nov 20, 20244 min read
Arm’s Length Principle Upheld: Special Bench Rules on Taxation of Transactions Between Permanent Establishment & Head Office Under Transfer Pricing Laws
The ITAT Special Bench clarifies that HO-PE transactions are subject to arm's length pricing under TP laws, ensuring compliance.
Nov 18, 20245 min read
Supreme Court Redefines Directive Principles: Balancing State Policy & Individual Rights under Articles 39(b) & 31C
The SC clarifies the scope of Articles 39(b) and 31C, balancing state policy, resource distribution, and individual property rights.