By- Prabal Karthikheyan
INTRODUCTION
In India, the test for Corporate Tax Residency was initially based on the first while ‘Control and Management’ test (hereinafter ‘C&M test’), which was based on the ‘Central Control and Management’ in the UK. This test leaves the determination of the company’s residence to the place where the head and brain are located and important decisions are being made. However, the problem of shell companies and tax evasion still seemed to persist owing to companies having certain isolated instances of control being able to evade tax by contending that the control did not rest wholly in…
By- Akshit Singla
INTRODUCTION
Salesmen of Arbitration often talk of a pro-arbitration regime where the courts do not interfere and all disputes get resolved by the golden process. However, the finality of Arbitral awards and minimal judicial intervention seem to be nothing more than modern myths in reality. A simple arbitral process starts from a dispute, to a tribunal, then to an award, to setting aside the award, and then a final appeal. As an alternative to the system of courts, the process boasts of its minimal judicial intervention where it is only allowed to a very limited extent for…
By- Kanika Goswamy
INTRODUCTION
This article focuses on deciphering the legal side of the decision taken by FIFA to ban AIFF. Although the decision was overturned and the tires were lifted, the legal repercussions and other related consequences cannot be vitiated.
One of the key elements that have to be taken into consideration is the National Sports Development Code of 2011 and the National Code on Good Governance of Sports of 2017 and its relationship with the internationally accepted standards of sports law under Lex Sportiva. These regulations are closely knit with each other, thus making the consequences of the…
By: Prakhar Bajpai
ARE FREEBIES CONSTITUTIONALLY VALID?
According to Article 266(3) of the Indian Constitution, money out of the Consolidated funds can only be appropriated by law and for the purposes and manner defined by the constitution. Moreover, Article 282 says that governments can make “any” grants for any public purpose. By defining “purpose” as a “public purpose,” the constitution’s drafters were able to more precisely define the broad goals of each of these provisions. From the concomitant of the scheme above, it is clear that the same was designed to promote the “Directive Principles of State Policies” because the…
By: Tapamoy Ghose
INTRODUCTION
HDFC Ltd, a mortgage lender, announced a merger with HDFC Bank on April 4, 2022. According to HDFC Bank, the merger is subject to various statutory and regulatory approvals, including those from the Competition Commission of India (CCI), the National Company Law Tribunal (NCLT), other applicable authorities, and the companies’ respective shareholders and creditors.
HDFC Ltd is India’s leading housing finance company, with unparalleled relationships, scale, and underwriting expertise in the housing sector. On the other hand, with over 68 million customers, 6,342 branches, and an entire portfolio of credit, liability, and distribution offerings, HDFC Bank…
By: Harshit Joshi
INTRODUCTION
An appeal was brought before the Supreme Court in which both the Delhi High Court and the Punjab & Haryana High Court refused to have territorial jurisdiction over the dispute due to a difference of opinion and dismissed the appeals filed before them. The Supreme Court solved the conundrum concerning the appellate jurisdiction of the High Courts under Section 260A of the Income Tax Act, 1961 (hereinafter ‘Acts’) in its judgment dated 18 August 2022 in the case of Pr. Commissioner of Income Tax-I, Chandigarh v. M/s. ABC Papers Limited. Another question that the Supreme Court…
By: Pragya Nawandar & Abhijeet Mittal
INTRODUCTION
In 2021, Mark Zuckerberg launched a brand new firm named Meta to carry his purposes and applied sciences below a single umbrella, for instance Fb, Instagram, WhatsApp and many others. This weblog focuses on the merger of WhatsApp with Fb, which arose many disputes earlier than numerous boards: Competitors Fee of India (herein after ‘CCI’)[1]Excessive Court docket[2]Supreme Court docket[3] and Nationwide Firm Regulation Appellant Tribunal[4]. The foremost concern is the sharing of ‘Large Information’ by WhatsApp with Fb to additional analyze person preferences to facilitate acceptable commercial companies and enhance their companies.
This…
