Page 26 - Supreme Court

Tiger Global case: Treaty protection for grandfathered investments narrow

The Supreme Court's Tiger Global ruling narrows grandfathering protection, allowing tax authorities to scrutinise pre-2017 investments at exit under GAAR and anti-abuse norms

Tiger Global case: Govt to adjust ₹968 cr tax withheld, say CBDT sources

CBDT to adjust ₹968 crore tax withheld on Tiger Global's Flipkart exit after Supreme Court upheld India's right to tax the transaction

SC ruling on Tiger Global: Gaar emerges as key tool in tax enforcement

Supreme Court's Tiger Global ruling strengthens GAAR, pushing taxpayers to rethink treaty benefits, legacy structures and cross-border tax planning

SC Tiger Global ruling may reshape international tax jurisprudence

Given the findings of the SC, it is likely to send mixed signals to foreign investors and unsettle various long-settled positions around tax treaty benefits

Supreme Court plans rulings for Jan 20 with Trump's tariffs still undecided

The court indicated on its website on Friday that it may release decisions in argued cases next Tuesday when the justices take the bench during a scheduled sitting

SC order balances approach on stray dogs, says Law Commission official

The Supreme Court has adopted a "balanced approach" in its directions on the stray dogs issue which neither disregards the rights of animals nor minimises the legitimate concerns of citizens, a top Law Commission official has said. Effective coordination across municipal bodies, health departments and state authorities will determine whether these judicial directions translate into safer cities and humane, long-term solutions, without slipping into cruelty or chaos, the official underlined. Speaking to PTI, Member Secretary to the 23rd Law Commission Anju Rathi Rana said the Supreme Court's orders in this case reflect a "renewed judicial emphasis" on how India manages stray animals, an issue spanning public health, municipal administration and animal welfare. Rana, a former Union law secretary, noted that after taking suo motu cognisance of escalating dog bite incidents and related risks reported in the media, the top court modified earlier instructions and directed compliance with

SC flags misuse of right to constitutional remedies under Article 32

The Supreme Court on Friday slammed a petitioner for filing a plea under Article 32, which gives citizens the right to seek constitutional remedies from the top court over violation of fundamental rights, despite a petition pending before the Bombay High Court. A bench of Justices B V Nagarathna and Ujjal Bhuyan said Article 32 is being misused by filing petitions even on adjournments in high courts. "Article 32 is being misused. The number of cases filed under Article 32 are exponentially being increased. For everything, one adjournment, file Article 32 here. Especially those surrounding Delhi are filing Article 32 petitions. What is this? It is a misuse," the bench said. The top court said the petition filed under Article 32 is a gross misuse of the process of the court and of law, and dismissed it.

Tiger Global tax case: How SC ruling reshapes India's tax treaty playbook

The Supreme Court's Tiger Global ruling strengthens India's ability to tax cross-border exits and probe treaty shopping, even when foreign investors hold valid tax residency certificates

SC ruling in Tiger Global case may open up a ₹20,000 crore opportunity

The top court allowed authorities to tax the capital gains from Tiger Global's $1.6 billion stake sale in Flipkart in 2018

Airtel, Tata group firms likely to jointly seek AGR relief similar to Vi

TTSL and TTML together owe about ₹19,259 crore in AGR dues, while Bharti Airtel has dues of around ₹48,103 crore

Tiger Global liable to pay tax on gains from 2018 Flipkart deal: SC

Indian officials argued arrangement was meant to avoid tax

'Very serious': SC issues notice to Mamata over interference in ED raid

Stays further proceedings in three FIRs registered by the West Bengal Police against ED officials

Maintenance societies lack locus to join developer insolvency cases: SC

The Supreme Court on Thursday ruled that homebuyers' societies or Resident Welfare Associations (RWAs) ordinarily constituted for maintenance and management of common facilities in a housing project cannot intervene in the insolvency proceedings of the developer company. A bench of justices JB Pardiwala and R Mahdevan, which upheld the insolvency proceedings related to Takshashila Heights India Private Ltd under the Insolvency and Bankruptcy Code of 2016, said if creditors elect to invoke the provisions of the code, they must do so with a genuine willingness to pursue revival of the corporate debtor. It said, "Should revival not be their objective, the Code cannot be converted into a tool for expedient recovery; alternative statutory remedies, including under SARFAESI or other applicable laws, remain available in accordance with law." The bench upheld the rejection of intervention application by National Company Law Appellate Tribunal (NCLAT) of Elegna Co-operative Housing and ...

Supreme Court rejects Tiger Global's tax plea in Flipkart stake sale case

The apex court said tax authorities had correctly rejected Tiger Global's application seeking exemption from capital gains tax arising from the transaction

I-PAC raids: SC stays FIR against ED officials, sends notice to Mamata govt

The Supreme Court directed Chief Minister Mamata Banerjee, DGP Rajeev Kumar and other respondents to file their counter-affidavits within two weeks

I-Pac raids in Kolkata: Incident reflects a shocking pattern, ED tells SC

The Enforcement Directorate told the Supreme Court on Thursday that the West Bengal government's "interference and obstruction", including by Chief Minister Mamata Banerjee, in its probe and search operation at the I-PAC office and its chief's residence reflects a very shocking pattern. Solicitor General Tushar Mehta, appearing for the ED, told a bench of Justices Prashant Kumar Mishra and Vipul Pancholi that in the past also, whenever statutory authorities exercised statutory power, Banerjee barged in and interfered. "It reflects a very shocking pattern," Mehta said while contending that this will only encourage such acts, and the central forces will be demoralised. "The states will feel they can barge in, commit theft, and then sit on a dharna. Let an example be set; officers who were explicitly present there should be suspended," the solicitor general said. The ED's plea in the apex court follows events from January 8, when ED's officials faced obstructions during the probe ...

SC refuses producer's plea on Vijay-starrer 'Jana Nayagan' censor clearance

The Supreme Court on Thursday refused to entertain a plea filed by the producer of Vijay-starrer Tamil film "Jana Nayagan", challenging an interim order of the Madras High Court that stayed a single-judge direction to grant censor board clearance to the movie. A bench of Justices Dipankar Datta and Augustine George Masih, which questioned the pace at which the case was dealt in the Madras High Court, asked the film producers to approach the division bench of the high court for relief. The top court also asked the Madras High Court to decide the plea on January 20 after senior advocate Mukul Rohatgi, appearing for the producers, said a film is a perishable item, and it would cause "serious injury" if the matter is delayed. On January 9, the Madras High Court stayed a single judge's order directing the Central Board of Film Certification (CBFC) to immediately grant a censor certificate to "Jana Nayagan", leaving the fate of actor-turned-politician Vijay's film, which has drawn attenti

SC to rule on Tiger Global's 2018 deal with Walmart in landmark tax case

Tiger Global and Indian tax authorities have been locked in a legal tussle over its 2018 stake sale in Indian e-commerce company Flipkart to Walmart worth ₹14,440 crore ($1.6 billion)

SC delivers split verdict on Section 17A of anti-graft law, refers to CJI

The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of a 2018 provision of the anti-graft law which mandates prior sanction for initiating a probe against a government servant in a corruption case. While Justice B V Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down, Justice K V Viswanathan held the provision as constitutional while adding that sanction must be decided by an independent authority like the Lokpal or the Lokayukta. Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any enquiry or inquiry or investigation against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority. The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter for a final decision. "Having regard to the divergent opinions expressed by us, we direct th

SC directs govt to frame rules to implement 25% EWS quota under RTE Act

Observing that granting admissions to poor kids in educational institutions "must be a national mission", the Supreme Court directed authorities on Tuesday to frame rules to ensure that the 25 per cent quota in admissions for children from economically and socially weaker sections in private unaided non-minority schools is implemented. The court said the grant of admission to kids from the EWS category is "an obligation of the appropriate government and the local authority. Equally, courts, be it constitutional or civil, must walk that extra mile to provide easy access and efficient relief to parents who complain of denial of the right". The bench was dealing with aspects relating to difficulties faced by EWS category students in getting admissions under the Right to Education (RTE) Act, which has mandated 25 per cent reservation for such children in private unaided non-minority schools. A bench of Justices P M Narasimha and Atul S Chandurkar was hearing a special leave petition fil