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Oct 12, 20243 min read
Delhi High Court Shields Employees from Employer Non-Compliance: Reaffirms Bar on Revenue Recovering TDS from Deductees
Delhi HC rules that employers cannot hold employees liable for TDS non-deposit, citing s. 205 of the Income-tax Act, 1961.
Oct 8, 20243 min read
GST: Allahabad High Court Quashes SCN Due to Lack of Allegations of Fraud, Misstatement, or Suppression
The Allahabad High Court quashed an SCN under section 74 of the CGST Act, citing a lack of fraud, misstatement, or suppression allegations.
Oct 3, 20245 min read
Tribunal Upholds Strict Penalties for Non-Compliance in AML Reporting, Emphasizing Zero Tolerance for Delayed or Missed CTRs Under PMLA
The Tribunal upheld stringent penalties for a bank's failure to report cash transactions under PMLA, reinforcing strict AML compliance.
Oct 1, 20243 min read
A Shift in Judicial Approach: Understanding Section 482 of the BNSS, 2023
Chhattisgarh High Court broadens anticipatory bail criteria, enhancing judicial discretion and prioritising personal liberty.
Oct 1, 20244 min read
Bombay HC on TDS Obligations: Jurisdiction and Territoriality in IP Acquisitions
The Bombay HC ruled that IP acquisitions involving foreign entities are taxable in India, emphasising territoriality and statutory remedies.
Sep 30, 20243 min read
NCLAT Clarifies Exclusion of Cancelled Leasehold Rights from CIRP Assets
The NCLAT ruled that assets excluded before CIRP initiation, like cancelled leasehold plots, cannot be included in the corporate resolution
Sep 27, 20244 min read
NCLAT Decision on Distribution Priorities Under the IBC
NCLAT confirms in Times Innovative Media case: unsecured financial creditors precede operational creditors in IBC liquidation order.
Sep 23, 20243 min read
GST Liability on Annuities: Andhra Pradesh High Court Clarification
An Andhra Pradesh High Court ruling clarifies GST liability timing for annuity payments in infrastructure projects under the HAM.
Sep 23, 20243 min read
SAFEMA Tribunal Clarifies Fiduciary Capacity under the Benami Act
The Tribunal clarified that holding assets in a fiduciary capacity can exempt transactions from being classified as benami under the law.
Sep 23, 20244 min read
Scope of Asset Freezing: Tribunal Upholds ED’s Authority Under PMLA in RAP Events Case
Tribunal upholds ED's freezing of accounts under PMLA, affirming a strict approach to proceeds of crime in financial investigations.
Sep 20, 20244 min read
PMLA v. CrPC: Supreme Court Clarifies Scope of ED's Summons Under PMLA Over CrPC Safeguards
SC affirms ED's powers under PMLA exceed CrPC limits, ensuring robust scrutiny without regional or gender constraints.
Sep 20, 20246 min read
Supreme Court Strikes a Balance Between Liberty & Law: Upholds Arrest Legality but Grants Bail
The Supreme Court reevaluates arrest norms and grants bail, affirming constitutional rights amid legal complexities.
Sep 17, 20243 min read
NCLAT Rejects Secured Status for Tax Dues Under MPVAT in Insolvency Proceedings
NCLAT rules MPVAT tax dues cannot be classified as secured debt in insolvency, reinforcing IBC's creditor hierarchy and priority rules.
Sep 16, 20243 min read
SAFEMA Clarifies: Statements Recorded Under the Income Tax Act Can Be the Basis for Proceedings Under Other Statutes
SAFEMA upholds the validity of IT Act statements for initiating diverse statutory proceedings.
Sep 16, 20247 min read
ITAT: Validity of Protective Assessments Against Struck-Off Companies
The ITAT upheld tax assessments on dissolved companies under s.176, emphasising statutory compliance and addressing corporate tax obligation
Sep 14, 20243 min read
Supreme Court Clarifies Anticipatory Bail Rights for Accused in Custody in Another Case
The SC affirms the right to seek anticipatory bail, even if in custody for a different case, reinforcing the protection of personal liberty.
Sep 14, 20244 min read
Commercial Wisdom and Operational Creditors: NCLAT's Decision in Insolvency Resolution
The NCLAT ruling highlights the balance between creditor rights and commercial wisdom in insolvency, raising questions on equity for OCs.
Sep 14, 20243 min read
ITAT Delhi Affirms DTAA Tax Residency Benefits for the US LLCs
ITAT Delhi grants DTAA benefits to the US LLC, affirming that tax residency can exist independently of actual tax payments.
Sep 10, 20243 min read
Maintenance Provisions Not Meant to Create an Army of Idlers: Madhya Pradesh High Court Reaffirms
The MP High Court rules that maintenance provisions are meant for support, not for enabling capable spouses to avoid self-reliance.
Sep 9, 20243 min read
What Makes a Case for Bail: Supreme Court on Ongoing Investigations, Prolonged Incarceration, and the Tenets of Article 21
Examining how prolonged incarceration, ongoing investigations, and constitutional rights shape the grant of bail under PMLA cases.