x

Articles

Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

articles

Corporate Advisory | Regulatory Laws

The draft E-Commerce Rules - Moving towards protectionism

December 09 2019

The Ministry of Consumer Affairs, recently, on November 11, 2019, under Section 101(1)(zg) of the Consumer Protection Act, 2019 issued a draft set of rules on e-commerce titled the Consumer Protection (e-commerce) Rules, 2019 (“Draft Rules”).

Intellectual Property Rights

The right to cross-examine in a post-grant opposition

November 29 2019

In the case of Onyx Therapeutics Inc v Union of India , a Division Bench of the Delhi High Court vide its order dated September 26, 2019 held that once the Patentee has filed its reply-statement, the Patentee is not required to provide any separate reasons for cross-examination of the witnesses whose affidavits are filed by the Opponent in support of its Post-grant Opposition.

Direct Tax

Taxation of income from shipping business

November 29 2019

The shipping industry plays a vital role in the international trade. The recent UNCTAD report provides that more than four fifths of world merchandise trade by volume is carried by sea. Indian companies also generally use foreign vessels or avail the carriage services of foreign shipping companies for transportation and other business activities. The amount paid to these foreign shipping companies may be taxed in India if the income accrues or is received in India.

Goods and Services Tax

CGST Rule 36(4) - 20% of which credit are you eligible for?

November 27 2019

Change is the only constant’ - A phrase the CBIC seems to have adopted with the trade being bombarded with a barrage of amendments and day to day clarifications in the GST laws since the implementation of GST.

Customs | Goods and Services Tax

Pre-import condition and Rule 96(10) - Misplaced comforts and GST implications for Advance Authorization holders

November 27 2019

With the end of 2019 right around the corner, it is interesting to reflect back on the changes that the tax fabric has seen in the past year. One of the major reliefs that the assessees received at the beginning of 2019 (in January) was the removal of a ghost known as “Pre-import condition” specifically for manufacturers who were Advance Authorization holders.

International Trade & WTO

Panel Report in India-Export Related Measures – End of the road for export promotion programs?

November 26 2019

On 14 March 2018, the United States requested consultations with the Government of India under the WTO Dispute Settlement Mechanism on some of the export promotion programs maintained by India.

Corporate Advisory | Regulatory Laws

Reinforcing consumer’s interest: Introduction of product liability

November 07 2019

The Parliament of India on August 6, 2019 has passed the much-awaited Consumer Protection Bill, 2019 and notified the same in the official gazette of India after it received the presidential assent on August 9, 2019.

Goods and Services Tax

The Dividend Dilemma

October 30 2019

In order to stay one step ahead, it is imperative for every business to take stock of its financial position to devise a suitable investment strategy from time to time. While some may settle with the traditional approach of buying and holding stable dividend paying stocks to generate a steady income stream, others may adventure in frequent trading, holding the stocks just long enough to capture dividend it pays.

International Trade & WTO

Regional Comprehensive Economic Partnership (RCEP): India’s concerns

October 25 2019

The mega trade agreement amongst ASEAN and its FTA partners, the Regional Comprehensive Economic Partnership, is slated for conclusion by November 2019.

Direct Tax

Deduction for additional employment - Simple yet ambiguous

October 23 2019

In the wake of rising reports on unemployment, the Central Government has taken various steps to fulfil its commitment of job creation. As part of these efforts, the provisions of Income-tax Act, 1961 (‘IT Act’) were amended[see endnote 1] to substitute the provisions of Section 80JJAA of the IT Act[see endnote 2] with seemingly less restrictive and simpler provisions to encourage job creation.

Intellectual Property Rights

State Biological Diversity Rules – A puzzle waiting to be solved

October 18 2019

India ratified the Convention on Biological Diversity (CBD), which was held in Rio de Janeiro, Brazil, in 1992[endnote 1] by becoming a Party to it on February 1994. Thus, bega

Mergers & Acquisitions / PE

‘Appointed date’ in a scheme of arrangement – More flexible and effective

October 09 2019

A scheme for reconstruction of a company or companies involving merger or amalgamation under Chapter XV of the Companies Act, 2013 ("Companies Act") envisages two dates i.e. the "appointed date"

Browse articles