Can bail be denied based on the nature of a related offense, rather than the primary offense itself? The Supreme Court of India addressed this critical question in Nikesh Tarachand Shah vs. Union of India. This case challenged the constitutional validity of Section 45 of the Prevention of Money Laundering Act (PMLA), 2002, which imposed […]
LEGAL ISSUE: Whether oil companies are eligible for a set-off of Value Added Tax (VAT) against Entry Tax paid on petroleum products when the VAT is levied at the point of sale by other oil marketing companies (OMCs). CASE TYPE: Tax Law Case Name: Indian Oil Corporation Limited vs. State of Bihar & Anr. Judgment
LEGAL ISSUE: Determining the party liable for service tax under a lease agreement. CASE TYPE: Service Tax/Lease Agreement Case Name: Union of India & Ors. vs. Bengal Shrachi Housing Development Limited & Anr. Judgment Date: 7 November 2017 Date of the Judgment: 7 November 2017 Citation: [Not Available in Source] Judges: R.F. Nariman, J., Sanjay
LEGAL ISSUE: Whether a foreign company has a Permanent Establishment (PE) in India, making it liable for taxation in India under the India-US Double Taxation Avoidance Agreement (DTAA). CASE TYPE: International Taxation Case Name: Assistant Director of Income Tax-I, New Delhi vs. M/s E-Funds IT Solution Inc. Judgment Date: 24 October 2017 Date of the
LEGAL ISSUE: The core legal issue revolves around the establishment and funding of District Mineral Foundations (DMFs) under the Mines and Minerals (Development and Regulation) Act, 1957, and whether contributions to these funds could be applied retrospectively. CASE TYPE: This case falls under the ambit of mining and mineral law, specifically concerning the financial obligations
LEGAL ISSUE: Interpretation of a Power Purchase Agreement (PPA) concerning the calculation of energy charges, specifically regarding the cost of coal. CASE TYPE: Contractual Dispute/Electricity Law. Case Name: Nabha Power Limited (NPL) vs. Punjab State Power Corporation Limited (PSPCL) & Anr. Judgment Date: 05 October 2017 Date of the Judgment: 05 October 2017 Citation: 2017
Can a court reconsider its own judgment? The Supreme Court of India recently addressed this question when M/s Anu Texchem Products (P) Ltd sought a review of a previous order. This case involves a dispute over an insurance claim. The Supreme Court, composed of Justices Rohinton Fali Nariman and Sanjay Kishan Kaul, ultimately dismissed the
LEGAL ISSUE: Whether an unregistered Joint Development Agreement (JDA) constitutes a “transfer” under Section 2(47)(v) of the Income Tax Act, 1961, making it liable for capital gains tax. CASE TYPE: Income Tax Law Case Name: Commissioner of Income Tax vs. Balbir Singh Maini [Judgment Date]: 04 October 2017 Introduction Date of the Judgment: 04 October
LEGAL ISSUE: Whether arbitration and SARFAESI proceedings can occur simultaneously and if the SARFAESI Act applies to debts existing before the Act’s application to a Non-Banking Financial Company (NBFC). CASE TYPE: Loan Recovery/Banking Law Case Name: M.D. Frozen Foods Exports Pvt. Ltd. & Ors. vs. Hero Fincorp Ltd. Judgment Date: 21 September 2017 Can a
Can a mere allegation of breach of contract constitute a “dispute” to halt insolvency proceedings? The Supreme Court of India addressed this crucial question in a case concerning operational debts under the Insolvency and Bankruptcy Code, 2016. This judgment clarifies what constitutes a valid dispute that can prevent the initiation of insolvency proceedings by operational
LEGAL ISSUE: Whether a specific entry in a tax rate schedule can override a general exemption for the same goods. CASE TYPE: Tax Law – Sales Tax Case Name: M/S Shanti Fragrances vs. Union of India and Ors. Judgment Date: 21 September 2017 Introduction Date of the Judgment: 21 September 2017 Citation: Not available in
LEGAL ISSUE: Determination of ownership of a vessel for enforcing maritime claims and the effect of settlement agreements on original contracts. CASE TYPE: Admiralty Law Case Name: Chrisomar Corporation vs. MJR Steels Private Limited & Anr. [Judgment Date]: 14 September 2017 Date of the Judgment: 14 September 2017 Citation: (2017) INSC 776 Judges: R.F. Nariman,
