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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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GST and centralized registration

15 July 2015

Much has been said about the introduction of levy of additional 1% tax proposed under clause 18 of the Constitutional (122nd Amendment) Bill 2014, (duly passed in Lok Sabha and which is now placed before a special committee, pending for approval by the Rajya Sabha, and subsequently by 50% of State

International Trade & WTO

Courting balance between investor and host state in ISDS

09 July 2015

The  India’s model BIT (Bilateral Investment Treaty) was criticised as moving away from investor protection and being unreal.

Resale price maintenance in e-commerce – CCI initiates investigation

22 June 2015

The CCI has in 2014 initiated two investigations into the alleged imposition of minimum resale price maintenance (RPM). The first one was against Hyundai Motor India Ltd (‘Hyundai Case’) and I had written on the legal standard adopted by the Competition Commission of India to initiate investigations

Intellectual Property Rights

Comparative advertising - Acceptable competitive behaviour and law of disparagement

19 June 2015

Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1].

Direct Tax

The Revenue Rule & International Taxation

18 June 2015

International law is generally considered as the law of the nations and therefore, the rules of international law have developed into a long standing custom that they are dutifully followed by the individual countries.

Goods and Services Tax, Regulatory Laws

Industrial/ Institutional Consumers – the argument continues

15 June 2015

By Shweta Kathuria The Department of Consumer Affairs (Legal Metrology Division) by notification dated 14-5-2015 amended the Legal Metrology (Packaged Commodities) Rules, 2011 (“PC Rules”). The PC Rules were framed to sa

International Trade & WTO

Third party rights under WTO DSU – Ongoing reforms

08 June 2015

The WTO Dispute Settlement Understanding (DSU) is a central element in providing security and predictability to the multilateral trading system created under the WTO.

Applicability of res judicata in tax matters

25 May 2015

<strong>B</strong><strong>y Amar Gahlot</strong><br /> &nbsp;<br /> <strong><em>Introduction</em></strong><br /> <br /> <em>Res Judicata</em> is the Latin term for &quot;a matter (already) judged&quot;, or &quot;a thing adjudicated&quot;. It means a case or suit already decided. It was recentl

Mergers & Acquisitions / PE, Regulatory Laws

Tackling Joint Ventures – Issues and Challenges

22 May 2015

The business rationale for a joint venture (JV) ranges from pure play financing of business operations to longer strategic partnerships for sharing of technical/business knowhow. To a large extent, the issues which need to be resolved between potential JV partners depend on the deal

Customs

Drawback of duties debited in freely transferable scrips issued under Chapter 3 of FTP

21 May 2015

The Central Government has recently introduced the new Foreign Trade Policy 2015-20 (FTP) on with an aim to increase exports of merchandise and services from India from the current (F.Y. 2013-14) USD 465.9 billion to USD 900 billion by F.Y. 2019-20, and to raise India’s share in world exports from 2% to 3.5%.

International Trade & WTO

Time-limit in anti-dumping reviews in India – Rule 23 analyzed

21 May 2015

In the Indian context, the scheme of anti-dumping provisions under the Customs Tariff Act, 1975 (“the Act”) and the Anti-Dumping Rules (“AD Rules") [see end note 1] broadly divide the proceedings into two forms – original investigation and reviews.

Intellectual Property Rights

Realizing the Digital India dream

21 May 2015

It has been an explosive opening quarter for investments in early stage ventures. The information technology sector alone has attracted a whopping US$612 million of the over US$1 billion reported investments from January to March, 2015.

CCI fines parties for gun jumping

14 May 2015

The Competition Act, 2002 (“Act”) read with the attendant Combination Regulations provide for a mandatory notification of the transaction to the Competition Commission of India (“CCI”) provided that threshold limits provided under the Act are met (“combination”).

Direct Tax

Compelling a non-resident to seek PAN: A vexed question

01 May 2015

With a view to enhance detection capabilities of the tax department and enforcing better compliance Section 206AA was inserted by Finance (No.2) Act, 2009 with effect from 01.04.2010.

Intellectual Property Rights

Impact of International Treaty on Plant Genetic Resources for Food and Agriculture on Biological Diversity Act

28 April 2015

The Biological Diversity Act, 2002 (“the Act”) [see end note 1], was passed pursuant to India’s commitment to United Nation Convention on Biological Diversity (“Convention”), which reaffirms the sovereign rights of the States over their biological resources.

An economic perspective on environmental jurisprudence in India

22 April 2015

Over the past few decades, the Supreme Court of India has taken environmental degradation very seriously. The Supreme Court has proactively incorporated advanced legal principles such as polluter pays, precautionary principles, absolute liability

Securities Laws

How to train your dragon – Discretion in SEBI’s penalty orders

22 April 2015

This article seeks to question the penal powers of the Securities and Exchange Board of India (SEBI), regulator of the Indian securities market. SEBI has been vested with powers to impose heavy penalties on companies indulging in activities that hamper investor interests and securities market.

Trading of goods under negative list & Cenvat credit

16 April 2015

Under Section 66B of the Finance Act, service tax shall be levied on the value of all services, other than those service specified in the negative list.

Intellectual Property Rights

Process patent litigation in pharma sector – An overview

23 March 2015

Since the inception of the Patents Act, 1970, Indian patent law has been a process patent regime in the field of pharmaceuticals.

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