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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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Direct Tax, Regulatory Laws

Doing business in India through Liaison Office

06 November 2014

The way Indian economy withstood global economic slowdown has made India a very alluring destination for foreign investments.

International Trade & WTO

The ‘COOL’ Dispute – Analysis and implications

06 November 2014

By Sarah Mary Mathew The ongoing dispute against the United States on Certain Country of Origin Labelling Requirements (COOL) was initiated in December 2008 when Canada and Mexico requested consultations with the US [see end note 1]. The dispute is presently at the implementation stage with the

Intellectual Property Rights

Use as trade mark sine qua non to claim honest concurrent use

20 October 2014

The Bombay High Court vide its judgment dated 15th September, 2014 in ITM Trust v.

Corporate Advisory

Responsibilities of independent director - A magic bullet or unnecessary appendage?

20 October 2014

The recently enacted Companies Act, 2013 (“Act”), has not only ushered in a new legislative framework but has also put in a place a new paradigm of corporate governance with detailed provisions as to appointment of independent directors.

International Trade & WTO

Refund of anti-dumping duty as a result of review investigation

13 October 2014

Section 9AA [see end note 1] of the Customs Tariff Act, 1975 provides for refund of anti-dumping duty in certain cases. It provides as below:

Direct Tax

Transfer Pricing and location savings - An Indian perspective

13 October 2014

Relocation of business from one country to another, where the labor and other costs are comparatively cheaper, results in cost saving to the Multi National Enterprise (‘MNE’) groups.

Direct Tax

Tax issues surrounding human capital movement

13 October 2014

Globalisation has led Multinational Companies (MNCs) to increase cross border secondment of technical, managerial and other employees to their subsidiaries located in low cost jurisdictions such as India.

Direct Tax

Valuation of asset - A tax riddle faced by real estate firms

29 September 2014

When a partnership firm is formed for carrying on real estate business and a partner contributes land or building therein then the tax consequence of contribution of such land or building becomes a tricky issue.

Intellectual Property Rights

Trademark battle over the word “PINK”

24 September 2014

The Chancery Division of the Community Trade Mark Court recently decided [see end note 1] against Victoria's Secret UK Ltd.

Banking & Finance, Mergers & Acquisitions / PE, Regulatory Laws

Recent FDI reforms in India

16 September 2014

Foreign funding is important to bridge the huge fund gap of investment in infrastructure in India, which in turn will spur economic growth. According to a recent report, the inflow of foreign direct investment (“FDI”) was US $ 28 billion in 2013, an increase of 17% over the previous year.

Incentive by State Government is disincentive to excise assessees

15 September 2014

The Supreme Court in Super Synotex [see end note1] case had considered the Sales Tax Incentive Scheme extended by State of Rajasthan.

International Trade & WTO

Emerging jurisprudence in export restraint measures in trade

15 September 2014

Export restraints generally refer to measures imposed by an exporting country on the export of certain goods which may take the form of export quotas, duties, and licensing or minimum price requirements.

Direct Tax

TDS default on payments made to non-residents – Disallowance @ 30%?

22 August 2014

Tax reforms can play a decisive role in supporting growth, by removing distortions, enhancing transparency and ensuring certain level of stability in the area of international taxation.

Intellectual Property Rights

Compulsory license – High Court upholds IPAB Order

22 August 2014

The Division Bench of the Bombay High Court by its recent order [see end note 1] dated 15th July, 2014 upheld the order of the Intellectual Property Appellate Board (IPAB) [see end note 2] dated 4th March, 2013 granting a compulsory license to Natco Pharmaceuticals (Natco) under Section 84 of the Patents Act, 1970 (the Act).

Corporate Advisory

Understanding Corporate Social Responsibility (CSR)

22 August 2014

The Companies Act, 2013 (CA 2013) has introduced path-breaking changes in  governance mechanisms, compliances and disclosures, appointment and scope of  auditors, responsibilities of independent directors, investor protection  and mergers and acquisitions.

Compulsory pre-deposit & complete withdrawal of discretion to grant stay

19 August 2014

One of the important changes made as part of the amendments brought by Finance (No. 2) Act, 2014 is the amendment to the provisions relating to pre-deposit and grant of stay in Customs, Excise and Service Tax laws. 

International Trade & WTO

Procedural conundrum of Indian safeguard law

07 August 2014

Even though the mechanism set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS) in India through its domestic safeguard provisions [see end note 1] satisfy the basic requirements required for its implementation, however, when compared to other countries, there remain a lot of procedural loop-holes still to be filled in to make the safeguard investigation process more transparent and clear.

International Trade & WTO

US provisions violate WTO’s SCM agreement – DSB Panel

07 August 2014

The Panel composed by Dispute Settlement Body of the World Trade Organization (Panel) in United States – Countervailing Measures on certain Hot-rolled carbon steel flat products from India released its report on 14-7-2014. The dispute was filed by India in 2012 and it relates to WTO compatibility

Intellectual Property Rights

Registration of license / assignment deed under the Patents Act - Mandatory or not?

07 August 2014

A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty.

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