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IBC and Limitation Law: A Strict Interpretation of Creditor Rights
NCLAT reinforces strict limitation rules under IBC, rejecting condonation pleas and upholding creditor autonomy in insolvency cases.
Jan 24 min read
Bombay High Court Quashes Reassessment Proceedings Due to Lack of New Evidence
The Bombay High Court quashes reassessment proceedings, highlighting that reopening assessments without fresh evidence is unlawful.
Jan 25 min read
Judicial Interpretation of Long-Term Capital Gain Exemption and MAT Computation under IT Act
This case clarifies the interplay between LTCG exemptions under Section 10(38) and MAT computations under Section 115JB of the IT Act.
Jan 1, 20253 min read
UK Supreme Court’s Stance on Freedom of Contract and Force Majeure: Clarifying ‘Reasonable Endeavour’ in Force Majeure Clauses
The UK Supreme Court clarifies the limits of 'reasonable endeavours' in force majeure clauses, balancing freedom of contract and certainty.
Jan 1, 20255 min read
Supreme Court’s Interpretation of Financial Debt under the IBC
The Supreme Court clarifies financial debt under the IBC, recognising obligations in a Deed of Hypothecation as enforceable guarantees.
Dec 31, 20244 min read
Delhi ITAT Clarifies on Taxability of Digital Services Under the India-Singapore DTAA
Delhi ITAT rules that digital service receipts under the India-Singapore DTAA are not ‘royalty’ or ‘FTS’, offering clarity on taxability.
Dec 31, 20245 min read
India-US DTAA: Delhi High Court on ‘Preparatory’ and ‘Auxiliary’ Activities Under Article 5
Delhi HC clarifies the scope of ‘preparatory’ and ‘auxiliary’ activities under the India-US DTAA, focusing on Permanent Establishments.
Dec 31, 20245 min read
Permanent Establishment or Misconception? ITAT Clarifies the 120-Day Rule
Does the 120-day rule always create a Permanent Establishment? ITAT clarifies the criteria for taxation under the India-USA DTAA.
Dec 30, 20244 min read
Supreme Court on Section 195 of the CrPC: Applicability Limited to Judicial Courts, Not Tribunals
The Supreme Court clarified that private complaints for false declarations in quasi-judicial forums aren't barred by section 195 of the CrPC
Dec 28, 20243 min read
Supreme Court: Unasked and Unwarranted Relief in Matrimonial Disputes
The SC addresses irretrievable breakdown and cruelty. It grants unexpected relief, sparking debate on judicial discretion in matrimony.
Dec 28, 20245 min read
NCLAT Validates Differential Treatment of Operational Creditors in CIRP for Commercial Viability
NCLAT confirms that operational creditors can be treated differently if justified by commercial rationale and compliant with IBC safeguards.
Dec 28, 20245 min read
ITAT Delhi Rules on Non-Resident Taxation: Source-Based Income from Indian Entities Liable to Tax Despite DTAA Protection
The ITAT Delhi clarifies that Section 5(2) prevails over Section 9(2) for non-resident taxation when the income source is in India.
Dec 27, 20242 min read
Delhi High Court Upholds ITAT’s Ruling in the Absence of ‘Finding or Direction’ Under Section 150 of the Income-Tax Act, 1961
Delhi HC upholds ITAT's ruling that reassessment under s. 150 of the Income-Tax Act is invalid without a specific 'finding or direction.'
Dec 26, 20244 min read
Telangana High Court: Assessee's Inability to Disprove Sworn Statement Results in Tax Addition
Telangana HC rules that sworn statements under Section 132(4) hold evidentiary value unless effectively rebutted by the assessee.
Dec 24, 20242 min read
Interpreting Custodial Limits: Karnataka High Court Clarifies Section 187 of the BNSS as Against Section 167 of the CrPC
The Karnataka High Court examines custodial limits under BNSS, balancing investigation needs with constitutional liberty safeguards.
Dec 23, 20244 min read
Finality in Tax Settlement: Delhi High Court Invalidates Unauthorized Reassessment Under the DTVSV Act
Delhi High Court rules that tax settlements under the DTVSV Act are final and prohibit unauthorised reopening of concluded disputes.
Dec 23, 20244 min read
The ITAT Bangalore clarifies Permanent Establishment and Fees for Technical Services under India-USA DTAA
SanDisk India's role in PE creation and reimbursements for seconded employees under India-USA DTAA analysed by ITAT Bangalore in key ruling.
Dec 23, 20244 min read
Delhi High Court Defines Telecom Towers as Movable Property under GST
The Delhi HC clarifies that telecom towers are movable property under GST, affirming ITC eligibility and rejecting immovability claims.
Dec 23, 20243 min read
Supreme Court on Maintenance v. Financial Claims: Rights to Sustenance Over Business Losses
The Supreme Court prioritises maintenance rights over creditors' claims, reaffirming dignity and sustenance as fundamental under Article 21.
Dec 21, 20243 min read
When Delays Deny Justice: Delhi HC Quashes SCNs & Orders in Several Adjudication Proceedings under the Customs Act & CGST Act
The Delhi HC emphasises timely adjudication, quashing SCNs delayed for decades under the Customs and CGST Acts.
Dec 21, 20245 min read