Legality Of Restriction Posed By Circular No. 181/13/2022-GST Dated 10.11.2022; Adding To Woes Of Edible Oil & Coal Industry

The issuance of Circular No. 181/13/2022-GST dated 10.11.2022 by Central Board of Indirect Taxes and Customs (CBIC) has sparked considerable litigation, particularly among suppliers of specified goods falling under Chapter 15 (edible oils) and Chapter 27 (coal, lignite) of Custom Tarriff Act, 1975. The retroactive denial of refund claim has led to widespread disputes, with affected taxpayers challenging the legality of Circular No. 181/13/2022-GST dated 10.11.2022. It is ...

The Mining Royalty Judgment And The GST Amnesty Scheme: A False Connection?

On 25th July 2024, a 9-judge bench of the Supreme Court delivered the judgment in Mineral Area Development Authority (MADA) v. Steel Authority of India Limited (SAIL) (MADA Judgment), effectively overruling the judgment in India Cement Ltd. v. State of Tamil Nadu. The Apex Court held that Royalty on Mining is not in the nature of Tax. The MADA judgment has raised certain anxieties amongst the commercial sector/mining entities that are GST compliant, about its potential impact on pending...

Legal Protections For Scheduled Castes And Scheduled Tribes: Understanding The Framework

A law designed to address the systemic discrimination, social exclusion, and violence faced by marginalized communities of Schedule Casts (“SC”) and Scheduled Tribes (“ST”) was enacted as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (commonly referred to as the 'SC/ST Act' or 'Prevention of Atrocities Act'). This was enacted to prevent crimes and atrocities against members of SC/ ST classes in India. It was also enacted to overcome certain loopholes of...

The Misuse Of Section 17B Of The Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 [“ID Act”] and its many amendments, have always striven to secure social justice to workmen and to ensure that they are not left helpless against industries and corporations. One such provision is Section 17B of the ID Act, which was introduced by way of The Industrial Disputes (Amendment) Act, 1982 which came into effect from 21.08.1984. Section 17B was enacted to give protection to workman who, having succeeded in obtaining an award from the Labour...

Beneath Tip Of The Iceberg: Defenses For Insider Trading

Defenses against the charge of Insider Trading, much like an iceberg, reveal only a fraction of its true form above the surface. What is seen and codified is but a sliver of what actually exists. On paper, SEBI (Prohibition of Insider Trading) Regulations 2015 (“2015 Regulations”) appear to offer a neatly defined framework, with Regulation 4(1) categorically stating that trading when in possession of UPSI would attract the charge of Insider Trading and the Explanation thereof latches a...

Insertion Of Sub-Sections 18(1B) And (1C) And Its Impact On Provisional Assessment Timeline In Cases Of Verification Of Origin In Terms Of FTA

The Finance Bill, 2025 (Bill No 14 of 2025) seeks to amend Section 18 of the Customs Act, 1962 (“the Act”) by way of insertion of sub-section 18(1B) and sub-section 18(1C). Section 18 of the Act deals with provisional assessment of duty. The importer or the exporter can exercise the option for provisional assessment of duty by making a request before the proper officer. Further, where the proper officer deems it necessary, may direct that the duty leviable on such goods be assessed...

Can Warner & DC 'Superman' Over International Law? Decoding The Copyright Dispute

Written and illustrated in 1933, accredited to Joseph Shuster and Jerome Siegel and stated to be assigned to Detective Comics, Superman has been making the headlines for its “periodic litigation” since decades. A recent claim made by Mark Peary, the estate of Shuster alleges a violation of international laws by DC Comics, and thus Warner Bros (Accused). Filed on January 31, in the District Court of New York, it has been stated that pursuant to the foreign reversion rights in 2017, and 2021, the...

Cross Border Insolvency: Why Serious Contemplation Over UNCITRAL Framework Is A Better Approach Than A Hasty Decision

It is widely believed that India, the world's fifth largest economy by size may do well with an international framework to settle cross border insolvencies (CBI). In recent years, serious discussion among thought-leaders has also resulted in the thinking that adopting the UNCITRAL framework on CBI would be value-accretive to India's ability to attract foreign investments.The proposal to adopt a framework like the UNCITRAL framework had been initially set forth by the NL Mitra committee that...

Cross Border Insolvency And Bankruptcy & Corporate Restructuring

Trade, investment, and cross-border economic activity increased after India's economy was liberalized in the 1990s. The overall result of this was a rise in cross-border insolvency cases. Additionally, more foreign direct investment entered Indian markets as a result of the liberalization measures, and Indian businesses expanded internationally. When an insolvent debtor has assets or creditors in several jurisdictions, it is referred to as cross-border insolvency and requires cross-border...

HYDRAA - Balancing Development And Justice In Telangana

The recently constituted Hyderabad Disaster Response and Asset Protection Agency[1] (HYDRAA) by the Government of Telangana (Government) has been on a demolition drive of illegal structures since its formation on July 19, 2024 in Telangana, for regulating and safeguarding government property from encroachment, unauthorised allotments and constructions; while preserving lakes, waterbodies and protected zones, namely the Full Tank Level (FTL) lands, Buffer Zones and the G.O. 111 lands. Operating...

The Draft Arbitration And Conciliation Amendment Bill, 2024: A Step Towards Reforming India's Arbitration Framework?

The Draft Arbitration and Conciliation (Amendment) Bill, 2024, aims to significantly transform India's arbitration landscape. This comprehensive draft seeks to align and modernize India's arbitration practices with those of the world and meet domestic challenges. The recommendations that stand out include the establishment of Appellate Arbitral Tribunals (AATs), statutory recognition of emergency arbitration and introduction of strict timelines. But the new government guidelines regarding...

Schrödinger's Cat of Jurisdiction

Is it possible to exist in two states at once, alive and dead, until observed? The thought experiment - 'Schrodinger's cat' offers us the answer to it. On similar lines, jurisdictional boundaries in corporate law often exist in a state of quantum ambiguity, much like Schrödinger's cat—neither fully alive (adjudicatory) nor entirely dead (non-adjudicatory) until the box is opened, that is to say, until a prima facie analysis is run. The Tribunals (National Company Law Tribunal and National...