Insights & Resources

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.

SEBI’s 2025 amendments to the LODR Regulations introduce a new governance framework for High-Value Debt Listed Entities (HVDLEs) with ₹1,000 crore+ in listed NCDs. These norms align debt entities with equity governance standards, mandating board independence, committee oversight, and compliance timelines. This post unpacks key obligations, implications, and what debt-heavy issuers must do to remain compliant.

The Supreme Court’s latest ruling in Piramal Capital v. 63 Moons offers critical jurisprudential clarity under the IBC. It distinguishes PUFE transactions from fraudulent trading, affirms the finality of CoC-approved resolution plans, and decisively holds that superseded directors have no participatory rights in CIRP. This judgment reaffirms the limited scope of judicial intervention and strengthens the commercial sanctity of insolvency resolution processes.

This judgment by the Calcutta High Court settles a critical question under FEMA: can compounding be sought after an adjudication order is passed? The Court held that compounding is a pre-adjudication remedy and rejected the petitioner’s attempt to revive the option post-penalty. The decision reinforces the procedural integrity of FEMA and clarifies that contraveners must elect remedies in a time-bound and disciplined manner.

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.

The Singapore High Court recognised an Indian CIRP under the UNCITRAL Model Law. The ruling affirms India’s CIRP as a ‘foreign proceeding’, clarifies COMI principles, and establishes safeguards for Singapore-based creditors, paving the way for more robust cross-border insolvency cooperation.

The RBI’s April 2025 Statement outlines key draft measures for co-lending expansion, stressed asset securitisation, harmonised gold loan norms, and UPI limit rationalisation. It further proposes a ‘theme-neutral’ fintech sandbox to foster continuous innovation. These reforms reflect the RBI’s proactive approach to market-based regulation, financial inclusion, and systemic resilience through stakeholder-driven policy development.

The Mumbai ITAT ruled that Bay Lines (Mauritius) was not entitled to treaty relief under the India–Mauritius DTAA as its place of effective management (POEM) was in the UAE. The Tribunal also held that its Indian agent did not constitute a dependent PE. This dual ruling clarifies the evidentiary threshold for POEM and reaffirms the independent agent exception under international tax law.

The ITAT Mumbai held that payments made by Deloitte India to a UK-based affiliate for internal branding, technology, and communication services do not qualify as "royalty" under Article 13 of the India–UK DTAA. As there was no transfer of intellectual property, copyright, or commercial exploitation, the tribunal ruled that no TDS obligation arose. This reinforces jurisprudence around intra-network service arrangements and cost-sharing.

The CBDT has notified Form ITR-B as a new income tax return form specifically for block assessments arising from search and seizure actions. Effective retrospectively from 01.09.2024, the new r. 12AE introduces procedural clarity, a digital filing framework, and enables stricter scrutiny of undisclosed income and tax credit claims. This marks a key shift toward structured compliance in high-stakes search proceedings under ch. XIV-B.