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Supreme Court: PMLA Is a Continuing Offence, Retrospectivity and Threshold Challenges Held Legally Unsustainable
SC upholds PMLA’s continuing offence doctrine, rejecting retrospective and threshold-based challenges to money laundering prosecutions.
6 days ago5 min read
Sanction for Prosecution: Did the Supreme Court Overlook Deemed Sanction Under BNSS?
Did the Supreme Court overlook BNSS’s deemed sanction provision? This analysis dissects the ruling's impact on public servant prosecutions.
Mar 45 min read
Delhi High Court: Violation of Section 269ST of the Income-tax Act Does Not Render Contract Void or Bar Recovery Claims
Delhi HC clarifies that cash violations under Section 269ST don't void contracts; unjust enrichment cannot override contractual claims.
Mar 14 min read
Whether Royalty is a Tax or a Fee for Service? A 9-Judge Constitution Bench Answers this Question in a Landmark Ruling, Applicable Retrospectively
SC clarifies whether royalty on minerals is a tax or a fee, reaffirming state powers in a landmark ruling with retrospective effect.
Mar 15 min read
IBC v. PMLA: NCLT Affirms Jurisdictional Limits, Declines to Unfreeze ED-Attached Bank Account
NCLT reaffirms that the IBC cannot override PMLA enforcement; RPs must approach the PMLA authority to unfreeze attached assets.
Feb 284 min read
Supreme Court: Statutory Amendments Cannot Retrospectively Extinguish Vested Tax Exemptions
SC rules that statutory amendments apply prospectively and cannot extinguish vested tax exemptions granted under unamended law.
Feb 274 min read
Supreme Court Reinforces Strict Bail Provisions Under PMLA: Strengthening Judicial Scrutiny & Statutory Compliance
The Supreme Court reinforces strict bail conditions under PMLA, setting a crucial precedent in Union of India v. Kanhaiya Prasad.
Feb 265 min read
Supreme Court: Affirms Limits on Section 153C Reassessment Powers under the Income-tax Act
SC upholds HC’s ruling that s. 153C reassessments must be backed by specific incriminating material for each assessment year.
Feb 153 min read
Karnataka High Court on PMLA Search & Seizure: Procedural Safeguards v. Investigative Powers
Karnataka HC rules on PMLA’s procedural safeguards, questioning the legality of search, seizure, and repeated summons by ED.
Feb 135 min read
Bombay High Court: A Strong Stand Against the Misuse of Criminal Law in Contractual Disputes
Bombay HC quashes criminal charges in Rakesh Jain case, ruling that contractual disputes cannot be disguised as money laundering.
Feb 84 min read
IBC Overrides Tax Laws: NCLAT Declares Government Dues as Operational Debt
NCLAT upholds IBC’s supremacy over tax laws, ruling that government tax dues do not qualify as secured debt in insolvency proceedings.
Feb 82 min read
Literal v. Purposive Interpretation of Statutes: The Supreme Court, in a 2:1 Majority, Upholds Literal Interpretation of Section 31(4) of the IBC, With Dissent Favouring a Purposive Approach
A Supreme Court ruling reignites the debate on literal vs. purposive statutory interpretation, shaping the future of insolvency law.
Feb 78 min read
Delhi High Court Quashes Reassessment Notices for Non-Resident Entities
Delhi HC quashes reassessment of a non-resident entity, affirming that tax authorities must rely on specific, relevant, and timely evidence.
Feb 43 min read
Bombay High Court Upholds: Settlement with Creditors Alone Cannot Justify a Stay on Liquidation Proceedings Under the Companies Act
The Bombay High Court rules that creditor settlements alone do not justify a liquidation stay under Section 466 of the Companies Act.
Feb 43 min read
Judicial Scrutiny of Procedural Safeguards in CGST Arrests: Balancing Compliance & Enforcement
Introduction  In CGST v. Yogesh Gupta [i] , the Court of the Ld. Additional Chief Judicial Magistrate, Gurugram (‘ Ld. Court ’) examined...
Feb 33 min read
NCLT Mumbai: CIRP Application Dismissed Due to Pre-Existing Dispute and Bar Under Section 10A of the IBC
NCLT Mumbai dismisses CIRP application, citing a pre-existing dispute and the Section 10A COVID-19 moratorium under the IBC.
Feb 13 min read
Delhi High Court Reinforces Statutory Limitation in Tax Reassessment Proceedings
Delhi HC reinforces adherence to Delhi HC rules reassessment notices issued beyond statutory limitation invalid.
Jan 313 min read
Strict Interpretation of Section 101 of the IBC: NCLAT Says No Scope for Extending Moratorium Beyond 180 Days
NCLAT rules that the moratorium under Section 101 of the Insolvency and Bankruptcy Code is mandatory and cannot exceed 180 days.
Jan 314 min read
Issuance of SCN by State GST Officer – Whether Proper or Not? Kerala High Court Clarifies
Kerala High Court upholds State GST officers’ authority to issue SCNs under CGST Act, clarifying cross-empowerment provisions.
Jan 313 min read
Delhi High Court on the Proportionality of Penalties Under Section 129 of the CGST Act
Delhi HC affirms proportionality in GST penalties, ruling that minor e-way bill lapses shouldn’t attract severe fines under Section 129.
Jan 285 min read