Don’t Be a Lender, Be an Owner: A Paradigm Shift in Investment Mindset
In the world of finance and investments, one of the most overlooked truths is this: wealth is created by ownership, not by lending. For decades, Indians have been conditioned to believe that putting money into Fixed Deposits (FDs) or other debt instruments is the safest and most respectable way of investing. While safety is an […]
Real Estate Insolvency – Landmark Judgement of Hon’ble Supreme Court of India shields genuine homebuyers
Hon’ble Supreme Court of India in its landmark judgment delivered on 12.09.2025 in the matter of Mansi Brar Fernandes vs Shubha Sharma and others, held that Right to Shelter as a Fundamental Right: Constitutional obligations of the state to protect Homebuyers to protect the interest of genuine homebuyers in Real Estate Entities insolvency. Hon’ble Supreme […]
Personal Guarantee petition rejected on account of inadequate stamp duty paid on Guarantee Deed – NCLT Ahmedabad
Hon’ble NCLT Ahmedabad recently in the matter of Personal Guarantors of Alok Industries Limited rejected the petition filed by Canara Bank under Section 95 of IBC for initiation personal insolvency process considering foundation documents i.e. Guarantee Deeds are defective and inadmissible as evidence due to insufficient stamp duty paid on Guarantee Deed. Due to difference of […]
Personal Insolvency – An appointment of Resolution Professional can only be done by the Insolvency and Bankruptcy Board of India in a case where the creditor himself has filed a petition under Section 95 of the IB Code
Hon’ble High Court of Gujarat, in the case of Parthil Kamlesh Gondalia vs IDBI Trusteeship Services Ltd (SCA 10615 of 2025) and other, has dealt with important question of law under Section 97(3) Insolvency and Bankruptcy Code, 2016 (for short ‘IB Code’) regarding appointment of Resolution Professional in a case where the creditor himself has filed a […]
Business Failure Means Fraud in India? A Dangerous Presumption
In India, when a business collapses, it is not just seen as a commercial setback — it is often treated as a criminal act. The tendency to equate business failure with fraud has become a common narrative, reinforced by media scrutiny, political rhetoric, and institutional pressure. This conflation, however, poses a serious threat to entrepreneurship, […]
Personal Guarantee Proceedings in NCLT under IBC if underlying Debt is assigned under Resolution Plan
Hon’ble NCLT Ahmedabad recently in the matter of Personal Guarantors of Alok Industries Limited also dealing with question of whether petition under Section 95 of IBC filed by original creditor is maintainable if underlying Debt is assigned as per Resolution Plan. Hon’ble Judicial member of NCLT Ahmedabad has held that petition filed by original creditor […]
Online Gaming Taxation under Income Tax and GST Laws – CA Ramesh Sankhla on Tax Guru
The online gaming industry in India has witnessed exponential growth in recent years, driven by rapid digital penetration, affordable mobile internet, increased smartphone usage, and the rising popularity of fantasy sports, e-sports, skill-based contests, and real-money gaming platforms. This growth trajectory has transformed online gaming from a niche entertainment activity into a multi-billion-dollar sector, attracting […]
Income Tax search – whether addition of income can be made on the basis of entries found in diaries or books of accounts during income tax search
Before we move towards main question i.e. whether addition of income can be made on the basis of entries found in diaries or books of account during income tax search, we need to analysis whether entries in diaries found during search is fall under evidence as per Section 34 of Indian Evidence Act, 1872 Hon’ble […]
GST Dues are not secured creditor under IBC
Hon’ble National Company Law Tribunal (NCLT) Ahmedabad has provided landmark judgement vide its order dated 30/04/2025 in the matter of Assistant Commissioner of State Tax V/s Mr. Sunil Kumar Kabra Liquidator of Archon Engicon Ltd. that Unpaid GST due by the Corporate Debtor to the state is not the debt owed to the secured creditor […]
ZERO Capital Gains Tax for residents of Singapore / UAE on sale/redemption of Mutual Funds
Recently Income Tax Appellate Tribunal (ITAT) Mumbai bench in the matter of Anushka Sanjay Shah v/s ITO, held that capital gains earned by a non-resident (Singapore tax resident) from the sale/redemption of mutual fund units in India covered under Article 13(5) of the India-Singapore DTAA hence same are not taxable in India. ITAT also relied […]