maheshwariandco

  For offshore subsidiaries operating in India, transfer pricing compliance is not an optional exercise — it is a statutory requirement under the Income Tax Act, 1961. As multinational groups expand into India through wholly-owned subsidiaries, joint ventures, or other affiliate structures, the transactions between these entities come under strict scrutiny to ensure they reflect an arm’s length price (ALP). The purpose of transfer pricing rules is to prevent profit shifting and ensure that cross-border transactions between related entities are priced fairly, thereby protecting the Indian tax base. The regulations are set out under Section 92 to Section 92F of the Income Tax Act and supplemented by detailed rules and guidelines issued by the Central Board of Direct Taxes (CBDT). For  offshore subsidiaries in India , this compliance carries dual significance: it ensures adherence to Indian law, and it safeguards the entity and its foreign parent from adverse tax assess...

  Introduction The doctrine of bail holds a central place in Indian criminal jurisprudence because it represents a constitutional as well as procedural mechanism through which personal liberty is protected in a pending trial, however, the same is subject to conditions stipulated in Criminal Procedure Code, 1973  (“CrPC”).  CrPC has equipped the Indian courts with the power to grant anticipatory bail (Section 438) and/or regular bail (Sections 437 and 439) and this power is neither unbounded nor mechanical. In special statutes such as the Protection of Children from Sexual Offences Act, 2012  (“POCSO”) , and the Narcotic Drugs & Psychotropic Substances Act, 1985  (“NDPS Act”)  as well as in cases of economic crime, courts calibrate this discretion with statute-specific constraints and heightened judicial vigilance. This blog analyses the legal framework of anticipatory and regular bail in the aforesaid four domains. For each domain, we will examine the s...

Money recovery disputes are as old as commerce itself. Whether it’s a handshake deal gone wrong or a complex contractual default, the pursuit of one’s rightful dues often finds its way into the courtroom. The money recovery suit case laws in India provide a structured legal recourse for individuals and businesses looking to recover their debts. But this process is not without its nuances. The first recorded lawsuit for money recovery dates back to ancient Mesopotamia around 2300 B.C.? When it comes to money recovery suit case laws, precision, procedure and persistence are key. Filing a recovery suit can seem daunting, but armed with the right legal knowledge and strategic foresight, you can navigate the Indian legal system with confidence. Understanding Money Recovery Suit Case Laws At the heart of money recovery suit case laws lie the  Indian Contract Act, 1872 , which governs any agreement or contract between two or more parties. If one party fails to fulfill their obligations — ...