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Archive: 18 November 2025

Posts in 18 November 2025

Tripartite Agreement Trap: Home Loans to Buyers are Not Financial Debt of Developer: NCLAT

November 18, 2025 4896 Views 0 comment Print

The Tripartite Agreement Trap: When Banks Lose Financial Creditor Status in Real Estate Insolvency This case memo discussed the ruling of the Hon’ble NCLAT Principal Bench, New Delhi, in the matter of UCO Bank v. Debashish Nanda, RP Bulland Buildtech Pvt. Ltd., [Company Appeal (AT) (Insolvency) No. 465 of 2024], where the Court held that […]

Ocean freight GST Collected Without Authority; Interest Not Restricted by Section 54 Limitation

November 18, 2025 1140 Views 0 comment Print

Explains how the Court ruled that IGST on ocean freight under RCM was illegally collected and must be refunded with interest. Key takeaway: the government cannot retain money collected without authority.

Notices Under GST Vs Income Tax: A Comparative Study & How to Handle Both

November 18, 2025 5136 Views 0 comment Print

Explains how GST notices arise from transaction mismatches while Income Tax notices stem from income discrepancies and AIS/TIS data. Highlights the importance of timely responses and accurate reconciliation to avoid penalties.

Is It Necessary To File Return of Income If There Is No Taxable Income?

November 18, 2025 1518 Views 1 comment Print

This article clarifies whether filing an ITR is necessary even without tax liability. It explains the major non-tax benefits and legal requirements of submitting an income tax return, including loan applications and loss carry-forward.

How Recent SC Judgments Are Redefining Valuation Standards Under IBC

November 18, 2025 1470 Views 0 comment Print

Explains how recent Supreme Court and NCLAT rulings now treat valuation as a quasi-judicial process, requiring strict methodology, independence and defensible documentation.

SEBI’s New Co-Investment Framework For AIFS: An Alternative to CPMS Route

November 18, 2025 870 Views 0 comment Print

 Explains SEBI’s 2025 reforms enabling AIFs to use CIV schemes instead of CPMs, reducing compliance duplication and simplifying co-investment execution.

A Complete Guide to Charge Registration Under Company Law

November 18, 2025 1812 Views 0 comment Print

Explains the statutory process for creating, registering and satisfying charges, including timelines, forms and the consequences of non-registration.

Arbitration Award Final: SC Upholds 24% Interest Rate Despite Usurious Loans Act Challenge

November 18, 2025 1014 Views 0 comment Print

This case addressed the scope of judicial interference under the Arbitration Act regarding the interest awarded in a commercial dispute. The Court found no perversity in the Arbitrator’s decision to award the contractual 24% rate, rejecting the borrower’s claims under the outdated Usurious Loans Act, 1918. The ruling emphasizes that the Arbitration Act framework overrides State usury laws for NBFC lending and bars courts from reopening contractual rates.

Regulatory Overview: NRI/OCI Investments in Indian Partnerships under FEMA

November 18, 2025 2697 Views 0 comment Print

 Explains how FEMA permits NRIs and OCIs to invest in partnership firms, the conditions for repatriation, prohibited sectors, and mandatory compliance requirements.

RBI Approves Silver-Backed Loans: What Borrowers Must Know

November 18, 2025 2694 Views 0 comment Print

Breaks down the RBI’s decision allowing silver as collateral, the LTV structure, and borrower protections under the new secured lending framework.

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