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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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Corporate Advisory

Restriction on number of layers on companies

November 02 2017

The Ministry of Corporate Affairs (MCA) vide Notification S.O. 3086(E), dated September 20, 2017 notified proviso to Section 2(87) of Companies Act, 2013 (Act). The notified clause provides for the definition of ‘Subsidiary company’ and specifies that such classes of holding companies,

Ocean Freight under GST – A Sea Change

October 30 2017

In the landmark decision of Govind Saran Ganga Saran v. Commissioner of Sales Tax [1985 AIR1041].

Supply by an SEZ Unit - Controversy in levy and collection

October 30 2017

The Goods and Services Tax regime has replaced the diverse indirect tax structure existing in the country prior to 1st July 2017, filling the various gaps and failings of the erstwhile system.

Intellectual Property Rights

Kymriah®, a revolutionary drug to induce treatment remission in recalcitrant cancers

October 27 2017

In an unprecedented historic action, the US Food and Drug Administration (FDA) and Oncologic Drugs Advisory Committee (ODAC) unanimously approved CTL019 (tisagenlecleucel) or Kymriah®, an investigational chimeric antigen receptor T cell (CAR-T) therapy.

Direct Tax

‘Interest’ draws interest in tax treaty interpretation

October 17 2017

All corporate houses, big and small around the globe constantly seek in  financial innovation in raising capital and in allocating rights over sharing of profits.

International Trade & WTO

Connotation of term “Country of Export” in Anti-Dumping Duty Notification

October 09 2017

An Anti-dumping duty is levied against the goods originating in or exported from the subject countries.

Insolvency

Overriding effect of Insolvency and Bankruptcy Code

October 03 2017

Until the commencement of the Insolvency and Bankruptcy Code (hereinafter referred to as IBC) in May, 2016, there was no single legislation dealing with matters of insolvency and bankruptcy in India. It was widely known and accepted that a plethora of the erstwhile legislations apropos insolvency

Direct Tax

Inventory valuation caught in the web of ICDS, IndAS and settled jurisprudence!

September 26 2017

Valuation of inventory is not supposed to give rise to any income and therefore the same should be at lower of cost or market value, as held Apex Court in a landmark decision [see End Note 1]. 

Intellectual Property Rights

Groundless infringement threats

September 26 2017

Intellectual Property (IP) rights ensure that innovation is rewarded and encouraged. In recent times, there has been a proliferation of the IP rights, and a single product may be protected by a multitude of ways, such as patents, trademarks, and design rights.

Classification of leasing services – An expanding quandary

September 22 2017

After a long wait we have finally voyaged into the Goods and Services Tax regime, and are experiencing many teething problems.

Regulatory Laws

Code on Wages, 2017 – An Analysis

September 04 2017

The labour law domain in India is a reaffirmation of India’s colonial past and industrial revolution. While current labour legislations have been significantly tailored to suit the unique conditions of the Indian industry and labour force,

International Trade & WTO

Final Findings in anti-circumvention investigation concerning Cold Rolled Flat Products of Stainless Steel – An analysis

August 30 2017

Final anti-dumping duty was imposed on cold rolled flat products of stainless steel of width between 600mm to 1250mm with certain exclusions.

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