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[Supreme Court] Harsher Punishments Under a New Law Cannot Be Imposed Retrospectively (Article 20), But Lighter/Reduced Punishments in Such Law Can Benefit the Accused
SC: Article 20 prevents harsher punishments retroactively, but lighter penalties under new laws can benefit the accused.
Mar 22, 20243 min read
[Delhi HC] Grants Bail in PMLA Case After Considering ‘Twin Conditions’ and Insufficient Evidence of Offense
Delhi HC grants bail in PMLA case, noting 'twin conditions' and lack of evidence to support alleged offense did not occur.
Mar 22, 20246 min read
From Suspicion to Substantiation: ITAT holds that Proof Prevails over Presumption in Tax Law
Introduction The case of Alchemist Touchnology v. ACIT [i] is a significant one brought before the Income Tax Appellate Tribunal, Delhi...
Mar 19, 20242 min read
Pre-determined Assessment Invalid: Madras High Court Strikes Down Income Tax Order
Madras High Court rules that fairness in tax assessments is paramount, striking a blow for justice and taxpayer rights.
Mar 18, 20243 min read
NCLAT Dismisses the Application Filed Under S. 9 of the IBC: Pre-Existing Dispute at the Forefront
NCLAT rules on the importance of resolving disputes before filing under s. 9 of the IBC.
Mar 18, 20243 min read
Subsidiary Shares Held by the Parent Company Are Not Taxable as 'Supply of Service' Under the GST Regime
HC Clarifies: No GST on Shares Held by Parent Companies—Corporate Taxation Simplified!
Mar 18, 20243 min read
Regulatory Oversight and Fairness: The Supreme Court's Ruling on Company Name Restoration
Introduction The recent judgment from the Hon’ble Supreme Court ( ‘SC’ ) in the case of R. P. Casting (P.) Ltd. v. Registrar of...
Mar 18, 20243 min read
Deciphering Jurisdictional Limits: GST Enforcement and the Absence of Penalties
Explore how a key GST penalty case was overturned due to procedural errors and jurisdictional oversteps by tax authorities.
Mar 16, 20242 min read
Amendment Aftermath: SAFEMA Appellate Tribunal Clarifies Applicability of 2016 Amendment in Benami Law
Introduction In a recent ruling by the Appellate Tribunal ( ‘Tribunal’ ) for the Smugglers and Foreign Exchange Manipulators (Forfeiture...
Mar 16, 20243 min read
Boardroom Battles: An Analysis of NCLT’s Dismissal in the Om Shiv Shakti Corporate Dispute
Exploring the NCLT's ruling on no mismanagement in selling less-valued land due to urgent financial needs & market conditions.
Mar 16, 20243 min read
Supreme Court Reiterates: No Withdrawal is Permitted for Resolution Plans Once Approved by the Committee of Creditors
SC enforces strict adherence to CoC-approved Plans, barring unilateral withdrawals except in cases of fraud.
Mar 14, 20243 min read
Balancing the Scales: How Anticipatory Bail Shapes Economic Justice in GST Fraud Cases
Anshul Goyal v. State of UP:AHC denies anticipatory bail in a major GST fraud case, emphasizing the legal gravity & public interest at stake
Mar 13, 20243 min read
Bombay High Court Clarifies the Interplay between IBC and PMLA in Asset Release Post CIRP
Introduction In a landmark ruling, the Hon’ble Bombay High Court ( ‘HC’ ) addressed a pivotal issue concerning the interplay between the...
Mar 11, 20244 min read
Transparency Upheld: Bombay HC lays down Guidelines in Wilful Default Declarations
Introduction This case, Milind Patel v. Union of India, [i] pertains to a petition filed before the Bombay High Court ( ‘HC’ ) by the...
Mar 11, 20244 min read
Redefining Judicial Authority: The Supreme Court’s Landmark Ruling on Stay Orders and Procedural Fairness
The SC's pivotal ruling on stay orders redefines procedural fairness, emphasizing a balance between efficiency and justice.
Mar 9, 20242 min read
Coercion Claims in Tax Proceedings: Bombay HC differentiates between Coercive Tax Deposit & Strategic Compliance
Explore how Bombay HC delineates between voluntary compliance and coercion in tax disputes, affirming legal standards.
Mar 9, 20243 min read
Partial Quashing of FIRs Based on Partial Compromises
Exploring the PHC's referral on FIR quashing: Can partial compromises justify selective legal relief for accused?
Mar 8, 20245 min read
Beyond Corporate Dissolution: Ensuring Directorial Accountability for Company Debts
Introduction In the case of Biman Bangladesh Airlines Limited v. Kuka Travels Private Ltd. [i] , the High Court of Calcutta (' HC' )...
Mar 7, 20242 min read
Ensuring Procedural Fairness: The Delhi High Court Upholds ITAT Decision in Forum Sales Pvt. Ltd. Case
The Delhi High Court highlights the need for just procedures in tax assessments, ensuring fairness and transparency.
Mar 4, 20243 min read
ITAT Kolkata Affirms IBC's Overriding Effect on Income Tax Proceedings
ITAT rules IBC's moratorium halts all tax proceedings during corporate insolvency processes.
Feb 29, 20243 min read