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Articles

Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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Insolvency

Corporate Insolvency Procedure – A Comment

July 27 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

July 26 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

July 12 2016

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

GST – A turning point for India

June 29 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

June 29 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?

June 27 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

June 21 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?

June 07 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

May 31 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

May 26 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

May 19 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

May 16 2016

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

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