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Articles

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

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Authority for Advance Rulings under GST

28 July 2017

In his Budget Speech of 1992-93, the then Finance Minister had assured that, in the interest of avoiding needless litigation and promoting better taxpayer relations in a scheme for giving advance rulings in respect of transactions involving non-residents was being worked out and would be put into op

International Trade & WTO

Compliance with recommendations and rulings of the DSB by the EU in trade remedy cases

19 July 2017

Article 19.1 of the WTO Dispute Settlement Understanding (DSU) provides that where a panel or the Appellate Body concludes that a measure is inconsistent with a covered agreement, it shall recommend that the Member concerned bring the measure into conformity with that agreement.

Direct Tax

Taxation of foreign companies regarded as ‘resident’ in India

17 July 2017

Tax liability under the Income-tax Act, 1961 (‘the Act’) of any person is determined based upon his residential status.

Intellectual Property Rights

Guidelines for patentability of computer related inventions – Is this the final chapter?

10 July 2017

The Patent Office has released another revised version of Guidelines for Examination of Computer Related Inventions (CRIs).

Insolvency

Disputing a dispute under Insolvency and Bankruptcy Code, 2016

05 July 2017

Disputing a dispute under Insolvency and Bankruptcy Code, 2016 The Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) was enacted on May 28, 2016 with an aim to inter alia address and resolve these issues in addition to providing for the mechanism for resolution of insolvency

GST - Old order changeth yielding place to new

27 June 2017

As I sit down to type this article with the famed saying of Alfred Tennyson, despite the hectic schedule of GST assistance to  the industry, both types of feelings gush – on the one side sadness creeps as the Central Excise as we know and we grew up with is going to be part of history .

International Trade & WTO

India-EU free trade agreement: State of play and way forward

20 June 2017

India and the European Union (EU) have been negotiating a bilateral free trade agreement known as the Broad-based Trade and Investment Agreement (BTIA) since 2007.

Direct Tax

Business expenses of pharma companies – A regulatory hurdle

16 June 2017

Pharmaceutical companies incur huge expenses in launching and promoting their products by way of gifts to medical professionals, holding conferences and distribution of promotional material.

Intellectual Property Rights

Virtual patent marking and deemed notice

13 June 2017

One of the defences available to a defendant in a patent infringement suit for avoiding damages, is that he/she was unaware of the existence of the patent(s) alleged to be infringed.

Mergers & Acquisitions / PE, Securities Laws

Recent Rulings on ‘Offer Period’ under Takeover Regulations

01 June 2017

Public offers in relation to acquisition of shares and takeover of public companies in India is governed by a self-contained code enshrined in the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘2011 Regulations’),

Direct Tax

Disallowance for non-deduction of TDS - Supreme Court interprets ’amount payable’

26 May 2017

The Honorable Supreme Court of India in a recent Judgment in the case of Palam Gas Agencies ltd.  set at rest a controversy which had been raging in the Income Tax circles from 2012.

GST liability on transfer/disposal of assets in lieu of tax liability

23 May 2017

European Union’s Court of Justice has recently (on 11th May, 2017) held that transfer of tangible property to the State Treasury in settlement of arrears of taxes constituting State Budget revenues is a transaction that is not subject to VAT.

International Trade & WTO

Confidentiality in anti-dumping investigations: Supreme Court interprets Rule 7

22 May 2017

A key feature of anti-dumping investigations is the protection available to commercially sensitive information that interested parties provide to an investigating authority.

Intellectual Property Rights

No copyright protection in drawings used on large scale without design registration

19 May 2017

A Single Judge of the Delhi High Court, in April 2017, dealt with the concept of copyright protection in designs in the case of Holland L.P. & Anr. v. A.D. Electro Stell Co.Pvt. Ltd.

Banking & Finance, Regulatory Laws

Dawn of future watchdog for foreign investment in India

02 May 2017

Foreign investments in India are allowed in two routes; (i) automatic route, and (ii) approval route. Since, there was no approval necessary for the automatic route, several sectors were categorized into the approval route. Prior to the economic liberalization in 1991,

Mergers & Acquisitions / PE

Cross-border merger provisions notified

02 May 2017

The Ministry of Corporate Affairs (MCA) has notified Section 234 of Companies Act, 2013 (Companies Act), which specifically deals with cross-border mergers concerning merger or amalgamation of an Indian company with a foreign company and vice-versa, and has come into effect from April 13, 2017.

Direct Tax

GAAR – An Indian-Asian Narrative

27 April 2017

Taxes are mandatory and necessary. Opinion, however, has been divided on the issue that whether taxes are avoidable? The famed Ramsay judgment held that taxes are not avoidable.

E-Way Bill – Taking GST on digital highway

27 April 2017

The concept of way bill and the requirement for every consignment of goods being moved to be accompanied by a way bill (besides other documents) has been retained under the GST regime, albeit electronically.

Applicability of GST on GTA

27 April 2017

The Final GST Act is here, still many issues lack clarity and could result in disputes with the tax authority, owing to different interpretations and views between businesses and the department.

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