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

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Regulatory Laws

A comparative analysis of legal remedies available to home-buyers in India

August 13 2018

Prior to the enactment of the Real Estate (Regulation and Development) Act, 2016 (“RERA”), aggrieved home-buyers had the options of approaching the consumer courts [see End Note 1] or the civil courts to address their grievances. However,

International Trade & WTO

Panel report in Australia – Plain packaging: A “healthy” verdict

July 30 2018

On 28 June 2018, the WTO circulated the much-awaited panel report in the Plain Packaging complaints brought against Australia by five WTO members.

Direct Tax

Extensive control of non-resident over Indian entity – A taxing relation!!

July 26 2018

A recent ruling by the Authority for Advance Ruling on Income Tax (AAR) in the case of FRS Hotel Group (Lux) S.a.r,l, [(2018) 94 taxmann.com 23 (AAR- New Delhi)] on the issue of  operation and management contract for the hotels has brought a question mark on such contract.

Goods and Services Tax

E-way bill system – Time to relax penal provisions

July 24 2018

It has been more than a year since India made the historic transition from the traditional indirect taxation regime comprising of central excise duty, service tax, VAT, etc., to an all-new integrated indirect taxation regime i.e. Goods and Services (GST).

Intellectual Property Rights

Goodwill and reputation of trademark in India - Worldwide prior use plays significant role

July 16 2018

A Single Judge of the Delhi High Court vide its Order dated May 31, 2018 in the case of H&M Hennes & Mauritz AB & ANR v.

Direct Tax

Retention money - Is recognition as contract revenue sufficient to tax it early

June 27 2018

The Central Government, in exercise of its powers conferred under the Income tax law[See endnote. 1] notified[See endnote. 2], in September 2016, Income Computation and Disclosure Standards (shortly, ‘ICDS’) that would govern computation of income of an assessee (interchangeably used in this article

Goods and Services Tax

GST and amortization – An unceasing connection

June 26 2018

In our previous article published in the 82nd issue of Tax Amicus in April 2018 (https://www.lakshmisri.com/News-and-Publications/Publications/Articles/Tax/relevance-of-amortization-for-valuation-under-gst-law), we highlighted the inconsistency arising out of a joint reading of Section 15(1) of the

International Trade & WTO

Sunset Reviews - Timeline for filing of applications and issuance of notification imposing anti-dumping duty

June 18 2018

Resolving an old and long-debated issue in anti-dumping investigations, the Division Bench of the Delhi High Court, delivered a judgment on 31 May, 2018 in Kumho Petrochemical Co. Ltd. v. The Designated Authority & Ors. [W.P. (C) 4886/2014].

Intellectual Property Rights

Infringement or passing off in use of single colour as trademark

June 18 2018

A Single Judge of the Hon’ble Delhi High Court, vide its order dated May 25, 2018 summarily dismissed a suit for trademark infringement and passing off on the ground that no legal cause of action is made out by the Plaintiff as the registered trademark does not qualify to be a trademark

Understanding ‘Substituted Performance’ under the Specific Relief (Amendment) Bill, 2018

June 05 2018

India ranks at #164 in the world rankings for ‘enforcing contracts’ given by the World Bank, and at #100 in the same rankings for “ease of doing business”.

Commercial litigation | Regulatory Laws

Understanding ‘Substituted Performance’ under the Specific Relief (Amendment) Bill, 2018

June 05 2018

India ranks at #164 in the world rankings for ‘enforcing contracts’ given by the World Bank, and at #100 in the same rankings for “ease of doing business”. Certainly, this is a cause of concern and it is only natural for the Government to take steps towards improving the state of affairs pertaining

International Trade & WTO

Understanding India’s WTO challenge to United States’ additional import tariffs on steel and aluminium articles

May 30 2018

When countries join the WTO, they sign-up to bring transparency, predictability and stability to import tariffs on various goods among many other commitments.  It is felt necessary to agree to tariff bindings. 

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