In the case at hand, the taxpayer entity is a private company domiciled in Mauritius. The entity intended to operate as a pooling vehicle for investments held a Category I Global Business and had aggregated funds from investors worldwide. The entity had acquired shares of a Singapore based company before 1 April 2017 which has…
In the Indian context, Tax authorities often challenge the Tax treaty benefits to the fiscally transparent entities such as foreign partnership firms on the premise that such entities do not qualify as a tax resident of that country and are not liable to tax in their home country. In the given case, a US-based…
On September 23, 2024, a Division Bench of the Supreme Court comprising of the Chief Justice and J. Pardiwala in Just Rights for Children Alliance v S Harish, held that mere viewing of child pornographic content (even if such content was not downloaded, stored and shared) was an offence under Section 15 of the Protection…
In Kunal Kamra v Union of India, the Hon’ble Bombay High Court, through a tie-breaking judgement by Justice Atul Chandurkar, struck down the Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules), made in 2023.[1] A Division Bench had earlier decided on the constitutionality of these Amendments to…
The case, Times Innovative Media Ltd. v Pawan Kumar Aggarwal & Anr., revolves around the question of whether a related party unsecured financial creditor can retain priority over an operational creditor in the distribution of liquidation assets under Section 53 of the Insolvency and Bankruptcy Code (IBC), 2016. The NCLAT’s decision provides clarity on the…
The case, Sangita Arora v IFCI, discusses whether the date of filing of an application under Section 95 under Part III (Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms) of the Insolvency and Bankruptcy Code (IBC), 2016, should be considered as the date of its e-filing or from the date when the application is…
The case pertains to a dispute that arose between RBCL Piletech Infra (RBCL) and Bholasingh Jaiprakash Construction Ltd. (BJCL/Respondent No. 1) with reference to a work order. The National Thermal Power Corporation (NTPC/ Respondent No.2) was the owner of the project site, while Bharat Heavy Electrical Ltd. (BHEL/Respondent No. 3) was involved in the construction…
The present case addresses the question of whether an application for extension of time under Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) can be filed after the expiry of the mandated period for making an arbitral award.[1] This Supreme Court judgment comes in as a clarification after a barrage of conflicting…
The Supreme Court in a recent judgment in the matter of OPG Power Generation Private Ltd. v. Enexio Power Cooling Solutions India Pvt. Ltd. & Anr discussed what constitutes a ‘conflict with public policy’ with reference to Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act).[1] The case pertains to a challenge…
In a recent ruling titled Vijay Kumar Singhania v. Bank of Baroda, the Supreme Court of India brought in the much-needed clarity regarding the requirement of filing a record of default with an Information Utility (IU) during a section 7 petition under the Insolvency and Bankruptcy Code 2016 (IBC) and held that the filing of…