Transfer pricing is the actual price charged in a transaction between related entities forming part of the same Multi-National Enterprises (MNEs). Since the tax rates vary from country to country, transfer pricing becomes a method to reduce the tax liability of the MNE as a whole. It involves setting up of transfer prices in such a manner that lesser profits are booked in countries with higher tax rates.
Discretion vs. Mandatory Admission: Future of Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016
When it comes to a detailed and again rather complicated legal framework of insolvency law under the Insolvency and Bankruptcy Code, 2016,(IBC) the key point is the commencement of the Corporate Insolvency Resolution Process (CIRP). This process is intended to assist firms that are in deficit and also to aid in avoiding being caught in the financial debt trap.
NCLT Rejects Merger Scheme on Grounds of Public Interest
The National Company Law Tribunal (NCLT) recently rejected a proposed merger between two companies, citing significant concerns over public interest. This decision underscores the NCLT’s critical role in balancing corporate ambitions with broader societal and economic implications, ensuring that business decisions do not undermine the interests of the public.
ANTI-COMPETITIVE AGREEMENTS IN INDIA: LEGAL FRAMEWORK AND IMPLICATIONS
Anti-competitive agreements are a significant area of concern under Indian competition law, governed by the Competition Act, of 2002. These agreements, which have the potential to harm the competitive process and consumer welfare, are strictly regulated by the Competition Commission of India (CCI).
Applicability of Section 17 of the Arbitration and Conciliation Act, 1996 to Foreign Seated Arbitrations
By applying Section 17 to arbitrations seated outside India, India shall move a step ahead in ensuring that the assets or subject matter of the dispute located in India are secured expeditiously, and no party can play any kind of dilatory tactics to render such foreign seated interim awards infructuous.
Role of Alternative Dispute Resolution (ADR) in India
Alternative Dispute Resolution (ADR) is a technique to resolve disputes and disagreements between the parties by arriving at an amenable settlement through negotiations and discussions. It is an attempt to establish an alternative mechanism other than the traditional methods of dispute resolutions.
Consumer Forums of RERA- Which is the best Forum for Homebuyers to file a case?
Legal experts say that aggrieved home buyers file a case in RERA first and then approach the RERA Appellate Tribunal and then the high court and then ultimately the Supreme Court if their dispute is not solved.
The Nupur Sharma Case: Legal Implications and Provisions in Indian Law
The legal maxim actus curiae neminem gravabit, which means no party should suffer due to the act of the court, is a fundamental prerequisite of a fair judicial process.
The Transformative Impact of Artificial Intelligence on the Indian Legal System
Artificial Intelligence (AI) is significantly transforming India’s judicial system. AI’s integration into the judiciary is addressing the critical issue of case backlogs and inefficiencies by streamlining routine tasks such as case management, scheduling, and legal research.
The Intersection of Insolvency Law and Artificial Intelligence
In today’s rapidly evolving technological landscape, the integration of artificial intelligence (AI) into insolvency proceedings presents both challenges and opportunities for practitioners.
Challenges and Opportunities in Implementing the Insolvency and Bankruptcy Code
The Insolvency and Bankruptcy Code, 2016 (IBC) marks a significant milestone in the realm of insolvency and bankruptcy resolution in India. With its passage by Parliament and Presidential assent on May 28, 2016, the IBC revolutionized the legal framework surrounding insolvency and bankruptcy.
Power of RERA Authority to Impose Penalties on Builders
If the promoter fails to follow RERA’s orders, they will have to pay a penalty. This amount could be up to 5% of the evaluated cost of the property. If the Appellate Tribunal’s orders are not complied with, a penalty will have to be paid.
Timely Filing of Claims in case of Real Estate Projects undergoing CIRP
At the initiation of CIRP when a public notice is issued under Section 15, claims of creditors are invited; but in some scenarios in real estate cases, homebuyers are often unable to take note of the public announcement of CIRP owing to different factors.
EUTHANASIA AND RIGHT TO DIE WITH DIGNITY: CONSTITUTIONAL AND LEGAL PERSPECTIVES IN INDIA
The Constitution Bench in Gian Kaur (supra) went on to declare Section 309 IPC as constitutional. The Court held that the right to live with human dignity cannot be construed to include within its ambit the right to terminate natural life, at least before the commencement of the process of certain natural death.
Rights over My Parents’ and Grandparents’ Property
Ancestral Property: If the property has been passed down through generations without being divided, the grandson has a right to claim his share as a coparcener under Hindu law. Self-Acquired Property: If the grandfather’s property is self-acquired, the grandson generally does not have an automatic right.