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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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Intellectual Property Rights

Light at the end of the tunnel for Computer-Related Inventions?

29 July 2016

In the May edition of IPR Amicus, we commented on the continued ambiguity in the examination of computer-related inventions (CRIs) by the Indian Patent Office [see end note 1].

Insolvency

Corporate Insolvency Procedure – A Comment

27 July 2016

From the Justice Eradi Committee report of 1999 to the Department of Financial Services’ indicator of October 2015, the pendency of winding-up cases in India has been piling up to reach an alarmingly high level of backlog [see end note 1].

GST – Ensuring credit without artificial fetters

26 July 2016

At the time when this article is being written, the air is thick with optimism and hope that Constitutional Amendment Bill on Goods & Services Tax (GST) will be passed by the Rajya Sabha in this monsoon session itself.

International Trade & WTO

Impact of the Brexit on trade

12 July 2016

On 23 June 2016, the United Kingdom (UK) decided by referendum to leave the European Union (EU).

GST – A turning point for India

29 June 2016

India is now poised to launch the next generation reform on the indirect tax front. Fiscal policy experts and economists have confirmed that a comprehensive and broad based consumption tax on supply of goods and services, collected at each stage of value added within the supply chain, is the best m

Regulatory Laws

Alternative Remedy for Imported Coal Price Escalation

29 June 2016

Of all the available sources of power generation like coal, nuclear, hydro, natural gas, and the renewable energy sources like solar, wind etc., coal continues to be the major and cost effective source of power generation in India,

Direct Tax

Electronic transfers into an NRE account – Income received in India?

27 June 2016

A brief critique of the judgement of Kolkata bench of the Income Tax Appellate Tribunal in the case of Tapas Kumar Bandopadhay vs DDIT [2016]70 taxmann.com50(Kolkat-Trib)

Intellectual Property Rights

A Practical Approach to Fulfilling Section 8 Requirements

21 June 2016

Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country outside India.

International Trade & WTO

EU trade defence instruments at a deadlock?

07 June 2016

The recent developments in the global steel crisis and the distinct features of the European Union (hereinafter the ‘EU’) have underlined the challenges currently faced by the EU trade policy.

Mergers & Acquisitions / PE

Amalgamation – Distinction between an instrument and instrument amounting to conveyance

31 May 2016

In its recent judgment in Chief Controlling Revenue Authority v. Reliance Industries Ltd., Bombay High Court has taken the view that stamp duty is payable on a High Court (‘HC’) order sanctioning a scheme of merger/reconstruction (‘scheme’), as an instrument of ‘conveyance’.

Direct Tax

India-Mauritius Treaty – The long awaited overhaul and its underlying consequences

26 May 2016

The Double Taxation Avoidance Agreement (‘DTAA’) entered into by India with Mauritius on 24th August, 1982 and made effective from 1st April, 1983 was the first of its kind wherein the right to tax the capital gains arising to a resident of Mauritius from transfer of shares of an Indian company was

Intellectual Property Rights

Ambiguous standard for examination of CRIs

19 May 2016

The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016.

Demand of interest due to price revision – An analysis

16 May 2016

The present-day commercial landscape involves a variety of transactions which are structured in various manners.

International Trade & WTO

China: NME or ME?

10 May 2016

Recent WTO discussions have centered on the question of China’s entitlement to Market Economy status (MES) post 11 December, 2016.

Securities Laws

SEBI’s Bright Line Tests for ‘Control’ - An Analysis

26 April 2016

The idea of corporate control has been subject to a longstanding debate in India and elsewhere. A fluid concept such as ‘control’ is a term of wide connotation and, by its very nature, is not amenable to any precise standard definition of general application.

Intellectual Property Rights

Product by process claims - A perspective

20 April 2016

<em>By</em> <strong>Sribindhu Chivukala &amp; Archana V</strong><br /> <br /> <strong><em>Introduction</em></strong><br /> <br /> Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application

Direct Tax

The Income Declaration Scheme, 2016 - An analysis

18 April 2016

Last year, the Indian Government introduced a scheme for voluntary declaration of undisclosed foreign income and assets for resident taxpayers under the Black Money Act.

Customs

‘Ease of doing business’ – A look at certain key Customs rulings

12 April 2016

‘Ease of doing business’ is the buzz-word at present and with the Indian Union Cabinet going ahead with the WTO’s Trade Facilitation Agreement, it seems that conditions for doing business in India are bound to improve with significant cut in number of forms, declarations and permissions.

Refund – No recovery through SCN without review of refund order

12 April 2016

The Madras High Court in the case of Eveready Industries India Ltd. v. CESTAT, Chennai [2016-TIOL-676-Mad-CX] has held that refund granted by an authority cannot be denied by way of issuance of Show Cause Notice (SCN) in cases where the order has not been subject to review.

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