articles
Direct Tax
Keeping the cash in check
20 August 2019
The Government of the present day, continuing from its previous tenure, has placed emphasis on harnessing the power of information technology in improving the governance in the country.
Intellectual Property Rights
Trademark passing-off against film release
20 August 2019
The case of Dr. Vijay Abbot v. Super Cassettes Industries Private Limited & Ors.[See endnote 1], a Single Judge of Delhi High Court while dealing with the issue of passing-off in respect of a title of the film, <e
Insolvency
Timelines for Corporate Insolvency Resolution Process - The 2019 amendments and their ambiguities
16 August 2019
In recent times, there have been multiple instances of delay in completion of the corporate insolvency resolution process ("CIRP
Arbitration
A step towards strengthening institutional arbitration in India - New Delhi International Arbitration Centre Act, 2019
08 August 2019
With a view to promote institutional arbitration and to make India a destination for conducting international arbitration, a new bill was introduced and has been passed by both the Houses
Securities Laws
Roles and responsibilities of Compliance Officers under SEBI regulations
08 August 2019
Business environment in India has undergone a sea-change in the past decade. Increased emphasis on values such as accountability, transparency, risk management has led to integrat
Securities Laws
SEBI approves shares with differential voting rights - A welcome move
08 August 2019
The Securities and Exchange Board of India (“SEBI”) in its Board meeting dated 27th June, has approved a framework for issuance of shares with differential voting rights (&ldqu
International Trade & WTO
Anti-dumping duty on imports of certain rubber chemicals - A Catch-22 situation for Designated Authority
26 July 2019
Anti-dumping duty on the imports of certain rubber chemicals from China PR and Korea RP was originally recommended by the Designated Authority vide final findings dated 1st October 2008
Competition Law
Controlling price of supply down the ladder: An antitrust breakdown
24 July 2019
By Charanya Lakshmikumaran & Puneeth Ganapathy Pricing of goods or services, by corporates, is typically a fine balance, among other factors, between the brand image and competition. To this effect, manufacturers and producers often try to contr
Goods and Services Tax
Coverage of redemption fine under Sabka Vishwas (Legacy Dispute Resolution) Scheme
23 July 2019
After introducing the National Tax Litigation Policy to reduce the litigation from the Central Government side by prescribing monetary limits upto which the Government restricted filing of appeals before each appellate autho
Goods and Services Tax
Better late than never – A sigh of relief for real estate developers
23 July 2019
The real estate industry has witnessed high litigation rate, considering the number of indirect taxes payable by the sector prior to GST. Prior to GST, a real estate developer was required to pay various taxes including Ser
Direct Tax
Tax Incentives for Affordable Housing: An Analysis
22 July 2019
By Tanmay Bhatnagar In her Budget speech, the Finance Minister spoke about the Government’s goal of achieving the objective of “Housing for All” by 2022. In pursuance of the same, the Gover
Intellectual Property Rights
Contradiction & consensus: Mode of infringement of a cinematograph film
19 July 2019
By Saksham Garg Introduction In MRF Limited v. Metro Tyres Limited,[Endnote 1] many important issues of law arose before the Delhi High Court regar
Corporate Advisory
Liquidation preference - Relevance in private companies
12 July 2019
By Priyanshi Singhal In Indian law, manner of distribution of funds in case of liquidation or winding up is prescribed under the Companies Act, 2013 (Act) [See End Note 1] and the Insolvency and Bankruptcy Code, 2016 (Code),[S
Competition Law
Quick guide to CCI Dawn Raids
10 July 2019
By Charanya Lakshmikumaran and Puneeth Ganapathy Officers from the investigative wing of the Competition Commission of India (‘CCI’), have been increasingly undertaking dawn raid investigations to pursue allegations of anti-competi
Goods and Services Tax
Recourse available against order passed by Appellate AAR under GST
26 June 2019
By Nagesh Jadhav The provisions of GST law allow a person to apply for advance ruling to get specific points clarified from the Authority for Advance Ruling (“AAR”). The AAR is required to issue ruling stating the position of
Goods and Services Tax
GST 3.0 – The way forward!
26 June 2019
By Brijesh Kothary As we enter the third year of GST implementation, the focus of GST Council appears to be shifting from rate rationalization and compliance simplification to revenue growth. There have been various representations from
Direct Tax
ALP of Depreciable Capital Asset purchased from an associated enterprise – To compute or not compute
25 June 2019
The question of applicability of Chapter X (“transfer pricing provisions”) of Income Tax Act, 1961 (“IT Act”) with respect to issue of shares had come up in the past and in the Vodafone judgment , it was held that transfer pricing provisions kick in only when an income is charged to tax under other provisions of the IT Act.
Direct Tax
ALP of Depreciable Capital Asset purchased from an associated enterprise – To compute or not compute
25 June 2019
By Sriram Vijayaraghavan The question of applicability of Chapter X (“transfer pricing provisions”) of Income Tax Act, 1961 (“IT Act”) with respect to issue of shares had come up in the past and in the Vodafon