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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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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.

International Trade & WTO

Application of lesser duty rule in anti-dumping investigations

14 September 2016

The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports that cause injury to the domestic industry.

Direct Tax

Tax bonanza for Telecom companies?

25 August 2016

Honourable Delhi High Court in a recent decision [see End Note No. 1] has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordinary items of i

Regulatory Laws

Real Estate (Regulation and Development) Act, 2016 – A Comment

25 August 2016

The land-population disparity heralded great demand in the real estate sector in India. This demand clubbed with the dearth of a proper vigilance mechanism ramified the real estate sector into a money minting ground.

Intellectual Property Rights

Controller overreach or common sense? - A tale of Section 83 of the Patents Act

23 August 2016

In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.

GST – Designing a compliance friendly regime

18 August 2016

India is now poised to introduce its biggest indirect taxes reform by launching the Goods and Services Tax regime.

International Trade & WTO

Causal Link Analysis: An Examination

10 August 2016

The Indian anti-dumping authorities in recent findings in sunset review investigations concerning imports of Acetone [see end note 1] and Phenol [see end note 2] recommended the discontinuation of the duty as, among other things, factors other than dumped imports from the subject country were found

Direct Tax

New Foreign Tax Credit Rules – certain grey areas

29 July 2016

Recently, the Central Board of Direct Tax (‘CBDT’) has issued a notification [see end note 1] notifying Rules [see end note 2] for granting of Foreign Tax Credit (‘FTC’) to resident taxpayers on income earned in foreign jurisdiction (hereinafter referred as ‘foreign income’).

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].

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