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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

Benami Transactions (Prohibition) Act - A Study in Comparison

02 January 2017

In a further crackdown on the parallel economy that has affected the Indian economy adversely, the Central Board for Direct Taxes (CBDT) on November 1, 2016 has notified the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act). 

Customs, Direct Tax

Customs valuation and transfer pricing – different valuations for the same transaction ?

27 December 2016

Globalization has brought along with it various taxation issues, the most talked about being, transfer price of goods being traded amongst enterprises forming part of a same business group (‘related entities’).

Intellectual Property Rights

Secrecy directions in designs

22 December 2016

Most of us are familiar with provisions in Patents Law related to secrecy directions [see end note 1] on inventions relevant for defence purposes and the security of India; however, similar secrecy directions are also provided under the Designs Law [see end note 2].

Anti-Profiteering measure and price control mechanism under GST

20 December 2016

The revised model Goods and Services Tax (GST) law has been released by the Government, taking into consideration various representations received from the stake-holders.

International Trade & WTO

Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal

12 December 2016

On 11 December 2016, specific provisions of Section 15 of the Protocol of Accession of China to the WTO will expire.

Mergers & Acquisitions / PE, Regulatory Laws

Stamp duty payable on scheme of Amalgamation

06 December 2016

A recent Bombay High Court judgement [ see end note 1] sparked a debate amidst corporate lawyers on the issue of stamp duty payable on the order sanctioning the scheme of amalgamation where the transferor and transferee companies have registered offices in two different States in India.

Direct Tax

Implication of amalgamation on assessment proceedings

22 November 2016

A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.

Intellectual Property Rights

Doctrine of lifting of corporate veil in trademark law

16 November 2016

Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it.

Input Tax Credit under GST regime – Make it seamless

15 November 2016

The new Goods and Services Tax (GST) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services across India.

International Trade & WTO

Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy

09 November 2016

Paragraph 5 of Article VI of the General Agreements on Tariffs and Trade, 1994 (hereinafter referred to as “GATT”) states that “No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing du

Corporate Advisory, Securities Laws

Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper

04 November 2016

Last year, the Securities and Exchange Board of India (“SEBI”) introduced the Listing Obligations and Disclosure Requirements Regulations, 2015 (“Regulations”). These Regulations were brought in to provide for a consolidated flow of disclosures

GST – A look at certain grey areas in transition provisions

24 October 2016

The date of implementation of Goods & Services Tax (GST) is now certain and from 1st April, 2017, India will enter the new indirect tax regime bringing great deal of uniformity and robustness which will impact every business and industry.

Direct Tax

Do taxes cloud the novelty of SARs?

15 October 2016

Conceptually different from the Employee Stock Option Plan a.k.a ESOP, a household term in India, Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an organisation by granting them the right to benefit from any appreciation in the value of the common stock (

Intellectual Property Rights

Trade-dress Infringement - It’s all about the looks

15 October 2016

The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours.

International Trade & WTO

Targeted dumping: An examination

12 October 2016

Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping.

A primer on e-commerce business and related laws in India

30 September 2016

E-commerce, in recent times, has mushroomed and has now touched all forms of business transactions in the country. Due to the ease, safety, security and convenience provided by electronic payment systems, E-wallets or mobile wallets have taken over the traditional system of payments.

GST – A look at draft rules on registration and invoices

29 September 2016

India is on the expressway in implementing the biggest reform ever in its indirect tax system. Till July, possibility of implementation of Goods & Services Tax (GST) was perceived as riddled with uncertainty but the Indian political parties have come together and ensured that the Indian Constitutio

Direct Tax

Spending less than ALP can also have adverse implication

27 September 2016

A person resident of India under the Income-tax Act, 1961 (‘the IT Act’) is liable to tax in India on his global income [see end note 1].

Intellectual Property Rights

Internet broadcasting companies to come within the ambit of statutory licensing

26 September 2016

This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act.

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