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Before the Notice, after the Damage: Parallel Proceedings under CGST Act
The line between inquiry and proceedings should therefore be drawn not at the formal commencement of adjudication through a SCN, but at the point where the State deploys coercive power against the taxpayer.
Saahil Madan, Vaishnawi Sinha
2 days ago7 min read
GEI Target Rules: Monetising Emissions as Tradable Assets
The Target Rules establishes a tradable ecosystem under Section 14A of the Energy Conservation Act 2001 operationalising CCTS.
Ayushika Sinha
2 days ago6 min read
From CSR to ESG: Strengthening Accountability and Shareholder Democracy
CSR introduced conscience into corporate law, but ESG must introduce consequences. India today stands between the comfort of disclosure and the necessity of enforcement. SEBI has constructed the reporting architecture, the Companies Act embeds fiduciary responsibility, and shareholder democracy is maturing into participatory oversight. However, without liability, ESG risks become CSR 2.0, a sophisticated but ultimately ineffective framework.
Arundhathi B
3 days ago6 min read
The Impact of Tiger Global on Treaty Protection and Exit Strategies in India
The Supreme Court did not see the issue in Tiger Global as an isolated dispute over taxation. It viewed the issue against the broader backdrop of treaty interpretation and the play of sovereign powers.
Amritanshu Rath, Shreya Tiwari
6 days ago7 min read
Due Process Gaps under Section 28A IBC Amendment Bill 2025
The proposed Section 28A of the Bill is a practical step toward resolving the long-standing problem of fragmented enforcement of third-party security and directly addresses the deadlock seen in Vistra ITCL.
Tejas Rajesh Mahtole
Apr 46 min read
Closing the Loop: Defining Dynamic Authentication under RBI’s 2025 Directions
The Directions mark an important shift away from static authentication to stronger, risk-aware controls.
Pranav Athreya
Apr 46 min read
Transitioning from Deterrence to Negotiation: Reevaluating Section 66 Post-Piramal v/s 63 Moons
The Supreme Court has indicated that its increased role in addressing fraud in insolvency will be more grounded in market logic than in corrective justice.
Prakhar Dubey
Apr 35 min read
The Securities Markets Code 2025: From a Fragmented Regime to a Unified Regulatory Vision
The SMC is a forward-looking move in the modernisation of the capital market regulation India. It goes beyond codifying the various disparate statutes in one instrument and instead attempts to effect a structural redefined securities laws.
Ananya Sonakiya, Vvanshika Singhal
Mar 305 min read
The Romance and Risk of Owning a Smell: Why Trademark Law Must Be Cautious with Olfactory Marks
India’s first olfactory mark exposes both potential and danger. Scientific methods may meet graphical representation, but they should not replace the primary role of a mark to give notice and ensure stable perception among competitors and consumers.
Mahak Yadav, Nikhil Ranjan
Mar 308 min read
From Formulaic Capital to Risk-Based Supervision: SEBI’s 2026 Broker Framework
SEBI’s re-ordering in 2026, caused by up-streaming and the altered locus of risk of settlement, was, in institutional terms, the only possible course.
Shaunak Wagle, Janki Bharati
Mar 306 min read
Behind Closed Doors: The Legal and Economic Fallout of “Side Letters” in Private Equity
If compliance can be achieved with reasonable confidentiality, side letters can change from being the source of hidden privileges to the instruments of orderly governance.
Dev Kumawat
Mar 296 min read
Tax Relief for Category III AIFS: Delhi High Court's Ruling in Equity Intelligence v/s CBDT
The Delhi High Court’s decision in Equity Intelligence AIF effectively addresses a decade-long tax conundrum for Category III AIFs by applying the doctrine of impossibility.
Sanskruti Parate
Mar 296 min read
The Judicial Vacuum in CIIRP: Risk of Irreversible Asset Dissipation
The CIIRP procedure, aiming for efficiency and speed, creates a judicial vacuum which can potentially be used by the corporate debtor to dissipate assets. The 30–day mandatory notice period, removes the possibility of preventive judicial orders like asset freeze that have been proven essential and necessary as per UNCITRAL’s ATR recommendations for asset preservation. This judicial gap allows debtors to exploit specifically FEMA provisions for irreversible asset transfer.
Ritik Kumar
Mar 296 min read
Credentializing Compliance in AIFs: SEBI’s NISM Mandate for Compliance Officers
The SEBI's NISM mandate reflects an attitude which holds that the maturation of Indian private capital markets cannot be built on informal standards and, similarly, on the appointment being regarded as a mere business function.
Inika Dular
Mar 286 min read
When Data Protection Hits Deals: How DPDP Reshapes M&A Documents in India
The DPDP framework marks India’s move to a more regulated data environment. DPDP is not a replacement for the already existing sectoral rules. It involves various kinds of rules, regulations to work together simultaneously.
Suprava Sahu
Mar 286 min read
Between Protection and Paternalism: Rethinking Disability Safeguards in the DPDP Rules
A more inclusive direction for the DPDP framework should strike a better balance between restoring agency and keeping practical safeguards. It should require objective, case-by-case capacity assessments for all types of disability before resorting to a guardian to give consent.
Shubhranshu, Ananyashree Jaiswal
Mar 286 min read
EPC v. Matix: Hierarchical Approach to Debt–Equity Classification under IBC
This article suggests a hierarchical framework for debt classification under the Insolvency and Bankruptcy Code 2016 (IBC) wherein company law constraints function as threshold gatekeepers that determine whether a legally enforceable debt can arise at all, while substance-over-from analysis is put to a secondary role assessing the character of obligations that have already crystallised in law.
Niharika Shaiyam
Mar 276 min read
Risk-Based GST Refunds: When Provisional Refunds Become Discretionary
Even if a limited risk exercise is permissible as a matter of policy, a blanket conditionality on 90% provisional refunds is disproportionate.
Mayank Khichar
Mar 2710 min read
Beyond the Gavel: Trends, Hurdles, and Future in Online Dispute Resolution
The future of ODR lies in strategic collaboration between the government, judiciary, technologists, and legal professionals.
Arjit Oswal, Akarsh Anand
Mar 246 min read
Climate Corporate Governance: Section 166 and an Entity Model
Section 166(2) emerges not merely as a statutory directive but as a potential transformative mandate, compelling directors to transcend shareholder primacy and embed climate imperatives within the corporate conscience.
Rohini Mehta
Mar 227 min read
Narrowing Value Maximisation: The Omission of Going Concern Sales
The omission of going concern sales aims to enhance the efficacy of the resolution process by limiting the assessment of commercial viability to the corporate insolvency resolution process stage, while keeping the liquidation process limited to dissolution. However, it fails to take account of the implications of the same, such as the loss of goodwill and employment.
Abhibhav Chhabra, Aarav Kumar
Mar 226 min read
Re-Anchoring Block Period under Section 153C of Income Tax Act 1961: From Legal Fiction to Legislative Silence
A durable resolution can be achieved only through a targeted legislative intervention, either by expressly incorporating the “date of transfer” principle into the new clause or by prescribing definitive timelines for such transfer.
Akshat Sharma, Kartik Jorwal
Mar 216 min read
Negotiation or Obligation? Analyzing “Without Prejudice” in Indian Legal Landscape
The use of "without prejudice" clauses merges effectively with other legal protections like unjust enrichment, and promissory estoppel while at the same time protects negotiations.
Pragya Richa Tiwary
Mar 195 min read
Rethinking Arbitration in Layered Contracts: A Supply-Chain Perspective on HPCL v. BCL
The challenge for India is not to dilute the principle of consent but to rethink how consent operates in interconnected commercial projects.
Ashutosh Mishra
Mar 196 min read
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