Business Laws

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Antenna income

If you let out your terrace space to a telecom tower company for it to put up a telecom tower, the income you earn thereby, cheer up, is to be treated ...

Fair count

For those who want to exclude the number of days spent in legal proceedings, for the purpose of calculating the Corporate Insolvency Resolution ...

Tata Steel gets a whiplash

While dismissing a petition for staying a move to recover income tax and interest of ₹1,223 crore for the years 2009-10 to 2014-15, the Income Tax ...

Arbitration and courts

A Division Bench of the Madhya Pradesh High Court, comprising Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla, has said in a recent order ...

Nothing ‘soft’ about this ‘ware’

In a seminal judgment, SC has held that ownership of copyright in a work differs from the ownership of the physical material in which the copyrighted work may happen to be embedded

Bail denied

Businessman Yogesh Jagdish Kanodia has not been able to wriggle out of the net by pleading that four firms under him were separate legal entities and ...

De-criminalisation of menial offences comes into force

The Ministry of Corporate Affairs constituted a Company Law Committee in the year 2019, which gave several suggestions. These suggestions were ...

Justice delivery over video

Thanks to Covid-19, video conferencing has taken root in the country. VC emerged as the mainstay of the courts during the Covid lockdown period as ...

Unconditional BG

The High Court of Delhi has held that invocation of a bank guarantee cannot be stopped merely on the grounds that there are disputes pending between ...

Search, but no recovery

Following complaints of coercive recovery by tax officials, the Gujarat High Court has ordered that the Central Board of Indirect Taxes and Customs ...

Making mediation not mandatory is problematic

A recent judgement has ruled that provisions for pre-institution mediation before the filing of a suit involving commercial disputes are not ...

A closer look at CSR law

India must consider allowing corporate social responsibility expenditure as deduction from business income

If you are a borrower, you have a right to have your credit information updated, with credit information companies, such as the Credit Information Bureau of India Ltd (CIBIL). In a recent decision in Sujith Prasad Vs RBI, the Kerala High Court has clearly said so

Courtroom Limited power

In a recent decision in the case of Eliyamma Vs Deputy Director, a division bench of Kerala High Court said that the courts do not have the power to correct orders of the arbitrator—they can only set aside an arbitral award

SC has made noteworthy pronouncements on the Insolvency Code

These go to strengthen the Code, which an important measure, meant to prevent insolvency by reviving ailing businesses. The Code however, is not a recovery tool for creditors but a resolution mechanism to breathe life into stressed assets of the corporate debtor

Start-up corner ESOPs by foreign parent to employees

Often employees of a start-up that is headquatered abroad get ESOPs (employee stock ownership plan) of the parent company—because the parent company’s ...

View Point Rating shopping, a worrying trend

A robust framework for rating agencies is a must to ensure investors make informed decisions

View Point Faceless ITAT – a premature experiment

Virtual assessment, which seeks to eliminate human interface, is welcome, provided the principles of fairness and equity are not eroded

GST still an unstable law

With 927 notifications and circulars in the last three years, the GST is as yet “an unstable law”, says The Western Maharashtra Tax Practitioners’ ...

Arbitration and court interventions

Recent Ordinance amending Arbitration Act seeks to recalibrate oversight by courts

Income tax on infusion of new funds

Where a private limited company issues shares over and above its Fair Market Value (FMV) to an investor resident in India, such excess premium ...

Tightening the screws on guarantors

Can insolvency proceedings be initiated simultaneously against both the borrower and the corporate guarantor? Judicial bodies have often tried to ...

Tweaking IBC for cross-border cases

The Insolvency and Bankruptcy Code 2016 has been beefed up to suit current needs but issues still remain

Monetary thresholds for claiming benefits

The Start-up India Scheme delivers numerous benefits to the start-ups recognised by the Department for Promotion of Industry and Internal Trade ...

Data protection: Worst of both worlds?

Our regulatory response is torn between need to ensure ‘user privacy’ and urge to be a ‘nanny state’

Viewpoint Time for vertical green belts

One recurrent theme in the whole legal fracas around whether Sterlite Industries is polluting or not, has been that of the ‘green belt’. Sterlite’s ...