We are pleased to share our knowledge alert for the month of October 2024 being a compilation of our thought leadership articles on key legal and regulatory topics published by us in this month. ‘AL Insights – October 2024’ consists of our publications on corporate laws, tax laws and disputes matters.
We trust you will find the same to be an interesting read.
To read more, click on the access links below or download the pdf.
Maternity Benefits: A fundamental right for all women
The Hon’ble Rajasthan High Court (High Court) in Minakshi Choudhary v. Rajasthan State Road Transport Corporation & Ors. held that denying maternity benefits guaranteed under the Maternity Benefit Act, 1961, is violative of the fundamental rights enshrined in Articles 14 and 21 of the Constitution of India. We discuss the ruling and its implications here.
Read MoreRegulatory Update: Notification amending the CCI inquiry procedure
On 19 September 2024, the Competition Commission of India (CCI) notified Section 19(f) of the Competition Amendment Act, 2023, which includes the insertion of sub-section (9) under Section 26 of the Competition Act, 2002. In this update, we have summarized the inquiry procedure, and the amendments introduced.
Read MoreIndia-Mauritius Tax treaty upheld in Tiger Global-Flipkart transaction
In Tiger Global International III Holdings v. AAR, the Hon’ble Delhi High Court (Court) addressed the scrutiny of transactions involving tax haven jurisdictions, particularly concerning Walmart's acquisition of a stake in Flipkart. The Court examined the conflict between the Income-tax Act, 1961, and the Double Taxation Avoidance Agreement.
Read MoreCBDT Circular on Enhancement of Monetary Limits for Filing Appeals
On 17 September 2024, the Central Board of Direct Taxes has notified increase in monetary limits for filing appeals and Special Leave Petitions by the Income-tax Department before the Income-tax Appellate Tribunal, High Court and Supreme Court. We have summarized the circular and the enhanced monetary limits.
Read MoreSupreme Court judgment – Functionality test to be applied for availing input tax credit
In the case of Chief Commissioner of Central Goods and Services Tax & Ors. v. M/s Safari Retreats Private Limited & Ors., the Hon’ble Supreme Court has delivered an important and much awaited judgment on availability of input tax credit relating to input services used for construction of an immovable property. Read our analysis here.
Read MoreIBC: Second Amendment to IBBI CIRP Regulations
On 24 September 2024, the Insolvency and Bankruptcy Board of India notified amendments (Amendment) to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations. In this update, we have provided a summary of the changes introduced by the Amendment.
Read MoreSigh of clarity: No bar on filing 29A Application after the expiry of Arbitrator’s Mandate!
The Hon’ble Supreme Court in Rohan Builders v. Berger Paints case, resolved the issue regarding the timing for filing an extension under Section 29A application of the Arbitration and Conciliation Ac, 1996.
Read MoreSC – Free certified copy of final order to be treated at par with one obtained by payment
The Hon’ble Supreme Court of India in State Bank of India v. India Power Cooperation Ltd. clarified that a certified copy of final order obtained by payment of cost is at par with a certified copy obtained free of cost.
Read MoreFree Speech vs. Misinformation: Bombay High Court Strikes Down Controversial IT Amendment Rules
In the recent case of Kunal Kamra v. Union of India and connected petitions, the reference bench of Bombay High Court has addressed the validity of the amendment in 2023 to IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
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