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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

Artificial computation provisions – Unintended cross roads with anti-avoidance rules

February 27 2016

In the law of Income-tax, the main principles are fairly simple – the whole difficulty arise in their application.  The first question, what is income, is a dark cat in the bag of the income-tax code [See End Note 1]. 

Regulatory Laws

Conciliation for settling family disputes

February 27 2016

Globally, alternative dispute resolution is slowly, but steadily becoming the preferred mode for settling disputes. Many corporates including large business conglomerates are seriously evaluating the merits of  mediation and conciliatory procedures to avoid lengthy,

Intellectual Property Rights

Obviousness - Different standards for Opposition and Revocation?

February 22 2016

Patents are not just instruments of private commercial utilisation but also have an impact on public policy. They are thus, governed by a system which allows for challenge to the validity of a patent at different stages.

Determining character of ‘manufacture’

February 19 2016

Budget 2016 is just around the corner and despite the fact that the ‘seamless’ tax regime of GST passes through political rough weather, the government is intent on implementing it from next fiscal.

Regulatory Laws

Start-up India plan: accelerating start-up movement

February 09 2016

The Start-up India initiative of the Government of India (“GOI”) was announced on January 16, 2016 with the aim to empower start-ups to grow through innovation and design. This initiative strives to build a strong eco-system for nurturing innovation and start-ups

International Trade & WTO

Market economy status to China – Debate continues

February 08 2016

The EU Commission recently held a debate on the sensitive issue of granting ‘market economy status’ to China. Considering China’s Accession Protocol, it may be noted that the final decision will have to be made by the European Parliament and EU Member States later this year.

Intellectual Property Rights

The curious case of patent infringement CTR v. Sergi

January 28 2016

This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.

Direct Tax

Draft guidelines for determination of PoEM - A incongruous note to an intended harmonious provision?

January 22 2016

Section 6(3) of the Income Tax Act, 1961 (‘Act’) has been amended vide Finance Act, 2015 to introduce the concept of Place of Effective Management (‘PoEM’) to determine residential status of companies. Memorandum to Finance Bill, 2015 provided that the amendment has been brought to align the provisi

Regulatory Laws

Wishlist 2016 for Real Estate Sector in India

January 22 2016

Agricultural land in the rural areas and real estate in  cities has always been  a stable rock for economies and investors since time immemorial across the world.  Warren Buffet in his annual  letter to shareholders about investing in real estate in 2014 said  “Whatever the chatter,

‘Place of removal’ – The debate continues

January 20 2016

Central Excise law, after six decades of its existence, is expected to yield its place to the Goods & Service Tax (GST) shortly but it continues to evolve even today.

International Trade & WTO

Initiation of investigation: Issue of cumulation

January 11 2016

Article 5 of WTO:ADA provides for initiation and subsequent investigation. Clause (ii) of Article 5.2 provides that the application shall contain the information relating to the names of the country or countries of origin or export in question

Resolving disputes the ‘Ordinance’ way

December 28 2015

The Arbitration and Conciliation Act of 1996 (‘the 1996 Act’)  was an improvement on the Arbitration Act 1940 but did not manage to put an end to the long & dreary litigation tunnels for the disputing parties with a little help from the highest court of our land.

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