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Knowledge Centre

Landmark judgments & legal updates for business

Key rulings from the Supreme Court, High Courts and tribunals — and the developments shaping GST, income-tax and corporate law — explained in plain language, so you always know where the law stands.

Please note: The decisions below are notable public rulings shared for general awareness. They are not matters handled by V K Associates, and nothing here is legal advice — every case turns on its own facts. For guidance on your situation, please get in touch.

GST

Goods & Services Tax

Input-tax credit on commercial construction — the “functionality” test

Safari Retreats Pvt. Ltd. · Supreme Court of India · 2024

A building can qualify as “plant” for input-tax credit if it is essential to the business it houses, judged case-by-case. Why it matters: firms that build malls, warehouses or let-out commercial space may, on the right facts, claim GST credit on construction.

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A buyer’s credit can’t be denied for a supplier’s default

Suncraft Energy Pvt. Ltd. v. Assistant Commissioner · Calcutta High Court · 2023

A genuine buyer who has paid the tax and holds valid invoices should not automatically have to reverse credit just because the supplier failed to file or pay. Why it matters: protects honest businesses — though monthly reconciliation still matters.

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No mechanical freezing of bank accounts

Radha Krishan Industries v. State of Himachal Pradesh · Supreme Court of India · 2021

Provisional attachment under Section 83 is a drastic power that needs recorded reasons and must be used sparingly, not mechanically. Why it matters: a wrongly-frozen account or attached asset can be challenged.

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GST on online gaming — skill vs. chance (ongoing)

Gameskraft · Karnataka High Court; stayed by the Supreme Court · pending

A ₹21,000-crore demand was quashed by the High Court and then stayed by the Supreme Court; whether online games are “skill” (18%) or “betting” (28%) awaits a final ruling. Why it matters: a bellwether for how digital and platform businesses are taxed.

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Income Tax

Income Tax & Direct Tax

India’s direct-tax law is being rewritten — the Income-tax Act, 2025

Income-tax Act, 2025 · replaces the 1961 Act · applies from AY 2026–27

The six-decade-old Income-tax Act, 1961 is being replaced by a simplified Income-tax Act, 2025, with reorganised provisions and plain-language drafting. Why it matters: section numbers, forms and references are changing — early familiarity avoids missteps.

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Treaty “most-favoured-nation” relief needs a notification

CIT v. Nestlé SA · Supreme Court of India · 2023

A lower withholding rate under an MFN clause of a tax treaty applies only when the Government issues a specific notification — it isn’t automatic. Why it matters: companies making cross-border payments must use the notified rate, not just the treaty text.

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A reassessment notice can fail on procedure

e.g. Jagbir Singh v. ITO · ITAT · 2025

Tribunals have quashed the reopening of old assessments where the sanction under Section 151 showed “non-application of mind” — for instance an approval that doesn’t even name the sanctioning authority. Why it matters: a Section 148 notice is not the last word; the process behind it can be challenged.

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Capital reduction can create a claimable capital loss

Supreme Court of India · 2025

A reduction of share capital is a “transfer” under Section 2(47), so a resulting long-term capital loss can be claimed. Why it matters: relevant to group restructurings and buy-backs.

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Corporate

Corporate, Company Law & Insolvency

Resolution plans must follow the Code — to the letter

Kalyani Transco v. Bhushan Power & Steel Ltd. · Supreme Court of India · 2025

The Supreme Court set aside a long-implemented resolution plan, stressing strict compliance with the IBC and its timelines (later recalling the order on review). Why it matters: in insolvency M&A, process discipline and statutory deadlines are decisive.

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A clean slate once a resolution plan is approved

Ghanshyam Mishra & Sons v. Edelweiss ARC · Supreme Court of India · (2021) 9 SCC 657

After a resolution plan is approved, all earlier claims not included in it — including Government and tax dues — stand extinguished. Why it matters: gives acquirers of distressed companies certainty against surprise legacy demands.

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Competition clearance before a merger plan is approved

INSCO v. AGI Greenpac · Supreme Court of India · 2025

Where a resolution plan involves a combination, prior Competition Commission approval is mandatory before the creditors’ committee approves it (Section 31(4)). Why it matters: the sequencing of CCI approval can make or break an insolvency bid.

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The IBC, upheld and explained

Swiss Ribbons Pvt. Ltd. v. Union of India · Supreme Court of India · 2019

The Court upheld the constitutional validity of the Insolvency and Bankruptcy Code and explained why financial and operational creditors are treated differently. Why it matters: the foundational decision that anchors how insolvency works in India.

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Live sources

Staying current

Case positions move on appeal and the law changes often. For the very latest notifications and judgments, go straight to the official sources:

Last reviewed: June 2026. Always confirm the current status of a ruling before relying on it.

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