Insights & Resources

On 22 January 2025, a three Judge Bench of the Indian Supreme Court, on considering whether a writ petition under Article 226 of the Constitution would be maintainable against an order passed by the Micro and Small Enterprises Facilitation Council [MSEFC] under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) , referred certain legal questions to a larger Bench of five Judges. [M/s Tamil Nadu Cements Corporation Limited v. Micro

STATUTORY FRAMEWORK: The Employees Provident Funds and Miscellaneous Provisions Act, 1952 [“the Act”] was enacted as a social welfare legislation 1 with the aim of ensuring retirement funds for workers. It is a beneficial statute which ensures mandatory employer and employee contributions to the Provident Fund [“PF”] in establishments covered by the Act. Provident Funds under this Act are established by way of the Employee Provident Fund Scheme, 1952 [“the Scheme”]. In 2008

Introduction Permanent Establishment [“PE”] is a tax principle that allows a State [“Source State”] to tax the global income of a non-resident foreign enterprise in the Source State under specific circumstances. These circumstances determine whether a foreign enterprise [US Company] has a Permanent Establishment in a source country [India] involving not just trading with a source country but also having a substantial business presence in it through which it accrues profits. T