Sansa Law Desk

The National Company Law Appellate Tribunal (NCLAT), Principal Bench at Delhi, in Rajesh Mehru v. Punjab National Bank & Rajeesh Gupta [Company Appeal (AT) (Insolvency) 530/2026, 2026 LLBiz NCLAT 312], has ruled that the adjudicating authority cannot appoint a liquidator without considering the Committee of Creditors' (CoC) unanimous recommendation under the Insolvency and Bankruptcy Code, 2016 (IBC). A bench comprising Justice Sharad Kumar Sharma (Judicial Member) and Techni

The Bombay High Court, in a judgment dated 18 June 2026, has reaffirmed that the right of homebuyers to claim interest for delayed possession under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA) is independent, indefeasible, and absolute. In CCI Projects Private Limited v. Allottees (Second Appeal), Justice Sharmila U. Deshmukh held that this statutory right cannot be curtailed by the provisions of the Indian Contract Act, 1872, and that RERA, bei

On July 24, 2026, the Central Board of Direct Taxes (CBDT) released a comprehensively revised Guidance Note on the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS). Issued by the Ministry of Finance's Foreign Tax and Tax Research Division, the revised Guidance Note aligns the reporting framework for financial institutions with section 508 of the Income Tax Act, 2025, Rules 238 to 240, and Form 166 of the Income Tax Rules, 2026. The document i

Corporate fraud can devastate companies financially and reputationally. When irregularities surface, conducting a thorough and legally sound internal investigation is critical, both to protect the company's interests and to comply with statutory obligations under the Companies Act, 2013. This step-by-step guide walks you through the process of investigating corporate fraud under Section 447, from the initial board resolution through evidence preservation, forensic auditing, a

Foreign businesses operating in or with India face the critical question of whether their activities create a "permanent establishment" (PE) under India's network of double taxation avoidance agreements. A PE determination has significant consequences: if a foreign enterprise is found to have a PE in India, profits attributable to that PE become taxable in India. This guide provides a step-by-step framework for identifying, evaluating, and mitigating PE risk under the major c

Indian companies exporting goods to the European Union face a rapidly evolving regulatory landscape. The EU Carbon Border Adjustment Mechanism (CBAM), which entered its definitive phase on January 1, 2026, imposes carbon pricing obligations on imported goods across six carbon-intensive sectors. The Corporate Sustainability Due Diligence Directive (CSDDD), though its first application has been postponed to July 2029 following the Omnibus I amendments, will require comprehensiv

Foreign companies with subsidiaries in India frequently need to repatriate dividends and profits to their home country. Under the Foreign Exchange Management Act (FEMA), 1999, dividends are classified as current account transactions, making them freely repatriable without prior Reserve Bank of India (RBI) approval, provided all applicable taxes have been paid and regulatory procedures are followed. However, the process involves multiple compliance steps across FEMA, the Incom

The National Company Law Appellate Tribunal (NCLAT), New Delhi, in Gopal Kalra v. Akhilesh Kumar Gupta (Company Appeal (AT) (Ins.) No. 567 of 2024), upheld the order of the National Company Law Tribunal (NCLT) directing the appellant to contribute Rs. 3.18 crores to the assets of the corporate debtor. The bench comprising Justice Rakesh Kumar Jain (Judicial Member), Mr. Naresh Salecha (Technical Member), and Mr. Indevar Pandey (Technical Member) affirmed that once transaction

Introduction In a significant ruling on trademark priority, the Delhi High Court has held that an earlier trademark filing date prevails over subsequent commercial use, even where the later applicant has built substantial market presence and goodwill over nearly two decades. The judgment in Parle Products Private Limited v. The Registrar of Trade Marks and Anr. [C.A. (COMM.IPD-TM) 49/2025, decided on March 10, 2026 by Justice Tushar Rao Gedela] reaffirms the primacy of Sectio

Receiving a notice from the Central Consumer Protection Authority (CCPA) can be a significant event for any business operating in India. Whether the notice relates to misleading advertisements, unfair trade practices, or product liability concerns, a well-structured response is essential to protect your business interests and demonstrate compliance. This guide provides a step-by-step approach to responding to CCPA investigations and notices under the Consumer Protection Act,

The Corporate Laws (Amendment) Bill, 2026 (Bill No. 85 of 2026), introduced in the Lok Sabha on 23 March 2026 by the Finance and Corporate Affairs Minister, proposes to insert a new Section 203A into the Companies Act, 2013. This provision creates, for the first time, a structured statutory framework governing the resignation of whole-time Key Managerial Personnel (KMP) who are not directors. By establishing clear procedures for notice, intimation to the Registrar of Companie

In a significant ruling for India's securities enforcement framework, the Supreme Court on August 11, 2026 restored SEBI's insider trading findings against the promoters of Tara Jewels Limited. The bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh, in Securities and Exchange Board of India v. Rajeev Vasant Sheth (2026 INSC 826), held that mere possession of Unpublished Price Sensitive Information (UPSI) while trading in a company's securities is sufficient

Introduction The Securities and Exchange Board of India ("SEBI") has notified the SEBI (Custodian) (Amendment) Regulations, 2026 (the "Amendment") vide Notification No. SEBI/LAD-NRO/GN/2026/308 dated July 3, 2026. The Amendment introduces a fundamental change to the fee payment framework governing custodians of securities in India by replacing the long-standing annual registration fee with a monthly payment obligation. The revised regime takes effect on October 1, 2026, and r

The Prevention of Corruption (Amendment) Act, 2018 introduced Section 9, which for the first time establishes direct corporate liability for bribery offences in India. A commercial organisation can now face prosecution and fines if any person associated with it bribes a public servant to obtain or retain business. The law also provides a statutory defence: if the organisation can prove that it had "adequate procedures" in place to prevent bribery, it can avoid liability. This

Introduction Technology transfer agreements are the primary vehicle through which companies bring patented inventions, proprietary know-how, trademarks, and copyrighted software into India. These agreements must navigate intellectual property law, foreign exchange controls, tax obligations, and competition regulation simultaneously. Getting the structure wrong can expose parties to void contractual clauses under the Patents Act, 1970, withholding tax disputes, or scrutiny fro