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Designing Fair Tax Exemption Regime: Revisiting India's Public Body Fiscal Framework
The tax exemption analysis of Sections 10(46) and 10(46A) does not imply that it is a fiscal concession; rather, it functions under a wider framework that is founded on controlled tax governance, with exemptions given on a conditional, selective, and by executive notice.
Aman Singh, Kuldeep Kalundha
7 days ago6 min read
Extending Arbitral Mandates Beyond Statutory Time Limits: The Velusamy Decision
The central question is whether the court can extend time after the statutory 18-month period has expired, even after an arbitral award has been rendered.
Haren Digga
7 days ago6 min read
The Remedial Paradox in CCI v. WhatsApp: Losing on Leveraging May Produce Better Digital Competition Enforcement
NCLAT’s split outcome has paradoxically created a perpetual framework for WhatsApp that could prove to be more durable and effective than the CCI’s original prescription.
Pranshu
May 266 min read
Default and Discretion: Revisiting Insolvency Admission under Section 7 of IBC
This blog delves into the trusteeship decision, which enunciates that incomplete and informal restructuring discussions cannot be relied upon to hinder the statutory trigger of insolvency once debt and default are established.
Kavya Jindal, Roshan Kumar Behera
May 257 min read
The Limits of Corporate Democracy in Securities Fraud: SEBI v. Terrascope Ventures
What is left is the more difficult doctrinal task of defining where the illegality-irregularity line lies in less extreme situations, of offering a legitimate way of genuine fund-use variation in private placements, and of calibrating the range of the affected class of stakeholders.
Akashi Khandelwal
May 246 min read
CCI Jurisdiction Unaffected by Sectoral Regulation: The JioStar Case
The Kerala High Court's judgment, affirmed at the SLP stage, establishes that sectoral regulation does not displace CCI jurisdiction and that the Bharti Airtel sequential model is confined to cases where a sector regulator's prior determination is a necessary input to the competition analysis.
Saksham Sethi
May 246 min read
Why the IBC Prevails over the PMLA: Can Section 32A of IBC Sanitise Proceeds of Crime?
The author suggests that Section 32A protection should only be granted conditional to due diligence safeguards including cross-verification with the ED.
Ritwik Sharma
May 86 min read
What Counts as Property under the CIRP? The Spectrum Licence Conundrum
Court did not adequately discuss the provisions of the IBC to determine whether the spectrum license can be considered an asset and can be treated under the IBC.
Anushka Bhatt
May 26 min read
The Tiger Global Judgment and the Reassertion of Source-State Fiscal Sovereignty
Ultimately, Tiger Global will bring radical accountability to international investment law. The biggest question is whether unilateral source-country anti-abuse measures can be adopted within the existing treaty framework or whether renewed multilateral coordination is necessary.
Vedansh Raj
May 25 min read
Exclusionary Clauses and Party Autonomy: Re-Reading Bharat Drilling Through Beckfield Drilling
This referral raises a more foundational question in contract law and arbitration: what occupies a higher pedestal, absolute party autonomy or entitlement to a legal remedy upon breach?
Mansi Awasthi
Apr 256 min read
From Treaty Shield to Tax Scrutiny: Decoding the Tiger Global Case
This case will probably initiate closer examination in similar disputes, such as the case of Blackstone Capital Partners v. ACIT (Blackstone) before the Delhi High Court, and Sanofi Pasteur Holding v. Department of Revenue (Sanofi) case before Andhra Pradesh High Court.
Abhishek Pandey, Shriyansh Sameer Mishra
Apr 1910 min read
The Turned and Twisted Model Agreements in RERA: Analysing Deviations and Disputes in MahaRERA
Regardless of the power dynamics, this article has, simply put, argued for adherence to Rule 10 of the 2017 rules, Order 60/2024 of RERA, and the annexures thereof, containing the model AFS and model AL, and, in general, the RERA.
Ayush Mathur
Apr 186 min read
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
Apr 117 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
Apr 77 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
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
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
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
The "Embedded Clause" Fallacy: How High Courts are Unraveling Soma Presumption in Indian Arbitration
Until courts stop treating boilerplate jurisdiction clauses as “embedded” seat designations, the conundrum of Indian arbitration will persist. The ghost of BALCO has not yet been exorcised; it has merely found a new home in the “exclusive jurisdiction” clause.
Pranava Kapur
Feb 216 min read
The Unworkable Award: Lancor Holdings and the Shift to Substantive Grounds for Challenging Delayed Awards
This article contends that this judgment rightly points out the pathologies of delay, but it is imperative to embrace a structured framework through a stringent two-pronged test in differentiating between: (1) procedural illegality due to delay itself and (2) the substantive prejudice due to delay under the rules of grounds of public policy under Section 34.
Soumya Dubey
Feb 216 min read
Arbitration by Conduct under Part II: Analyzing the Supreme Court’s Approach in Glencore v. Shree Ganesh Metals
A clearer statutory framework is required to prevent courts from over-expanding the notion of “conduct of parties.”
Anwesha Nanda
Jan 316 min read
Reconciling Contractual Autonomy and Public Policy in Indian Arbitration
The decision clarifies that even if there is an assumption that the award is beyond what was intended in the agreement, it would not invalidate the enforceability of the award passed by the tribunal on the ground of public policy exception.
Maitri Khurana, Kavya Jindal
Jan 186 min read
When Equity Pretends to be Debt: The Anatomy of Financial Obligation in Insolvency Law
The Supreme Court's ruling in EPCC v. Matix Fertilisers upholds the integrity of corporate capital law within the IBC framework by restating the crucial differentiation between creditor debt and shareholder investment.
Qazi Ahmad Masood
Dec 21, 20256 min read
Karnataka's Domestic Worker Bill: A Major Step Forward, But is it Enough?
While the Bill creates a strong foundation, its ultimate success depends on implementation. Passing a law is only the starting point, real challenge lies in building awareness among both workers and employers, with many unfamiliar with formal procedures or maybe fearful of new obligations.
Shubhranshu, Vashmath Potluri
Dec 14, 20257 min read
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