DETERMINATION OF PLACE OF EFFECTIVE MANAGEMENT UNDER INCOME TAX ACT, 1961
The article discusses the concept of Place of Effective Management (POEM) as outlined in Section 6(3) of the Income Tax Act, 1961, crucial for determining the residency of a company for tax purposes in India. POEM is defined as the place where key management and commercial decisions necessary for the conduct of an entity's business are made.
Implications for High Court Autonomy and Tipping the balance of Power
The decision of the Supreme Court suo motu staying the decision of the High Court sheds light on a concerning trend regarding the autonomy of the High Courts. While the specific order issued by the High Court may have raised eyebrows due to its unconventional and inappropriate nature, it serves as a mere example of a much broader erosion of the High Court's authority. This incident highlights yet another instance of the unchecked powers wielded by the master of the roster, potentially allowing for undue administrative control over the decisions made by the High Courts
Interpretation of ‘Court’ in Section 14 of the Arbitration Act
Interpretation of ‘Court’ under Section 14 of the Arbitration and Conciliation Act, 1996 - Whether ‘Court’ means the High Court of the State?