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Courting balance between investor and host state in ISDS

By R Subhashree

The  India’s model BIT (Bilateral Investment Treaty) was criticised as moving away from investor protection and being unreal. Foreign investor protection and the Investor State Dispute Settlement (ISDS) mechanism have received lot of attention, of late and has triggered law suits in the national courts ([Hu...

The Revenue Rule & International Taxation

By Sumitha Krishnan

International law is generally considered as the law of the nations and therefore, the rules of international law have developed into a long standing custom that they are dutifully followed by the individual countries. International taxation is one among such areas of law which is widely encroached by the international law and...

Industrial/ Institutional Consumers – the argument continues

By Shweta Kathuria

The Department of Consumer Affairs (Legal Metrology Division) by notification dated 14-5-2015 amended the Legal Metrology (Packaged Commodities) Rules, 2011 (PC Rules”). The PC Rules were framed to safeguard the interest of consumers by ensuring that the dealers cannot take undue advantage of innoc...

Third party rights under WTO DSU – Ongoing reforms

By Radhika Sharma

The WTO Dispute Settlement Understanding (DSU) is a central element in providing security and predictability to the multilateral trading system created under the WTO. Keeping in mind the value that the DSU adds to the WTO mechanism, it was realized that constant reforms need to be carried out in the text of the DSU keeping in mind the i...

Applicability of res judicata in tax matters

By Amar Gahlot

Res Judicata is the Latin term for "a matter (already) judged", or "a thing adjudicated". It means a case or suit already decided. It was recently defined as “a final judgment on the merits by a court having jurisdiction is conclusive bet...

Drawback of duties debited in freely transferable scrips issued under Chapter 3 of FTP

By Atish Laddha

The Central Government has recently introduced the new Foreign Trade Policy 2015-20 (FTP) on with an aim to increase exports of merchandise and services from India from the current (F.Y. 2013-14) USD 465.9 billion to USD 900 billion by F.Y. 2019-20, and to raise India’s share in world exports from 2% to 3.5%.


Time-limit in anti-dumping reviews in India – Rule 23 analyzed

By T.D. Satish

In the Indian context, the scheme of anti-dumping provisions under the Customs Tariff Act, 1975 (“the Act”) and the Anti-Dumping Rules (“AD Rules") [see end note 1] broadly divide the proceedings into two forms – original investigation and reviews. The procedure followed by the Designated Authority, Anti-Dumping (&ldquo...

Compelling a non-resident to seek PAN: A vexed question

By Tapas Misra

With a view to enhance detection capabilities of the tax department and enforcing better compliance Section 206AA was inserted by Finance (No.2) Act, 2009 with effect from 01.04.2010. This new provision mandated all recipients of income to furnish Permanent Account Number (PAN) and in order to discourage non-compliance it required tax to be deducte...

Investor and (host) state protection - India proposes a new model for BIT

By Subhashree Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded , use of multiple forums and almost endless litigation in enforcement of award to genuineness of claims and against regulatory laws . India h...

Trading of goods under negative list & Cenvat credit

By Dipa Devani The term ‘service’ is defined under Section 65(44) of the Finance Act, 1994 (“the Finance Act”) as under: Service means any activity carried out by a person for another for consideration, and includes a declared service, but shall not include- (a) An activity which constitute merely-     (i)  A transfer of title in goods or immovable property, by way of sale, gift or in an...

Budget 2015 & supplies to ICB Projects – Certain Issues

By Deepak Suneja Supplies against International Competitive Bidding (ICB) have been on the rise with several specified projects being awarded in the recent times. In Union Budget, 2015 itself, five ultra Mega Power Projects have been announced. Considering the importance of these projects and their contribution towards economic growth, the Government has given several concessions for supplies...

Time period for completing anti-dumping reviews - An issue in flux

By Lakshmi Neelakantan The provisions relating to anti-dumping measures under the Customs Tariff Act 1975 (“Act”) and the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (“AD rules”) provide for different time periods for different stages of proceedings. This article seeks to analyze whether the time ...

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