India: Compliance

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Article
Beyond Procedural Lapse: Delhi High Court Rules GST Proceedings Against Non-Existent Entity Void ab initio
The Delhi High Court examined whether tax authorities can pursue proceedings against a company that has ceased to exist following a court-approved amalgamation. The case centered on show cause notices and orders issued in the name of a defunct entity, despite clear notification of the merger to tax authorities. The judgment addresses fundamental questions about legal personality, procedural validity, and the limits of statutory provisions in rectifying jurisdictional errors.
India Tax
MA
Metalegal Advocates
Article
TCS Under Section 52 Of CGST Act, 2017 – A Toothless Provision?
The effectiveness of Tax Collection at Source (TCS) under Section 52 of the CGST Act, 2017 is called into question due to a critical legislative gap. While e-commerce operators are obligated to collect tax from suppliers using their platforms, the statute provides no express recovery mechanism in case of default. This analysis examines whether the absence of such provisions renders Section 52 unenforceable, and explores the legal implications when operators fail to collect and remit the mandated amounts.
India Tax
LS
Lakshmikumaran & Sridharan
Article
The Invisible Transaction: Business Allocation As A Related Party Transaction Under Regulation 23 Of The LODR Regulations
This practical position is also reflected in the manner in which listed companies generally evaluate related party transactions. Although price or value remains the primary reference point for approval thresholds and arm’s length assessment, the review is not usually limited to price alone. Well-governed listed companies through their audit committees typically conduct a qualitative assessment of the transaction first, examining the nature of what is being supplied, received, or foregone, and it is on the basis of that assessment that they determine whether the stated price or value is justified.
India Commercial
CP
Corporate Professionals
Article
From ESG Reporting To ESG Readiness: Why Disclosure Alone Is No Longer Enough
Customers, investors, regulators, lenders, and supply chain partners are increasingly scrutinizing how organizations manage ESG-related issues. Climate change, resource scarcity, biodiversity loss, human rights concerns, circular economy requirements, and governance failures are no longer viewed as peripheral sustainability topics. They have become core business risks.
India Commercial
CP
Corporate Professionals
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