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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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How relevant is the “relevant period” for credit distribution?

14 March 2014

Rule 7 of the Cenvat Credit Rules [‘Credit Rules’ for short] relating to distribution of credit by an Input Service Distributor (“ISD”) has always been a problem area of the Credit Rules.

International Trade & WTO

Provisional anti-dumping measures in India – A misused provision

07 March 2014

An anti-dumping investigation normally stretches for a period of 12 months, which upon due cause shown may continue up to 18 months from the date of initiation of the investigation.

Restraining legal proceedings - Recent trends

19 February 2014

The general law of contract recognizes promises made for consideration as legally enforceable agreements. However, it frowns upon certain promises and prohibits their enforcement, including those that are in restraint of legal proceedings.

Corporate Advisory

Rights of nomination

19 February 2014

A nominee in common parlance is understood as a beneficiary who has been so nominated to receive the benefit of a moveable asset (money) on the death of the person who is the owner of such asset and who has named the nominee in the relevant document.

Cenvat credit – Of mindset and (juris)prudence

18 February 2014

From excisability and manufacture to valuation, Union Excise Duties have witnessed pitched courtroom battles over the past few decades.

International Trade & WTO

Single rate for producers & exporters from NME countries – An analysis

18 February 2014

On December 3, 2013, China has requested for a consultation with the United States of America for certain methodologies in 13 anti-dumping measures imposed by USDOC against China (DS471).

R’BIting Bitcoins

29 January 2014

Currencies across the globe need to have universal application and acceptability and have been given sovereign validity, sanctity by the respective countries that issue them. Each country issues its own unique currency that is valid within its territory.

Regulatory Laws

The Real Estate Bill - An Overview

29 January 2014

The real estate sector in India, despite its large size and numerous players still remains outside regulatory purview and discipline and continues to be in the unorganized sector. One sided contracts in favor of the builder, large cash transactions, lack of standardization and quality and delay in delivery of completed projects continue to plague this unorganized sector.

Intellectual Property Rights

Delhi High Court rules on disparagement of trademark

16 January 2014

A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging.

International Trade & WTO

The Trade Facilitation Agreement - Understanding the nuances

02 January 2014

In The Trade Facilitation Agreement (TFA) was signed at Bali eliciting congratulations and relief, apparently lending credibility to the World Trade Organisation (WTO).

Intellectual Property Rights

Scope of ENV under PVP Act vis–a-vis the Seeds Act

23 December 2013

The Registrar, Plant Varieties Authority at New Delhi, vide its recent order of October 28, 2013 has held that parental lines of extant varieties [Extant (Notified) Variety - ENV]

International Trade & WTO

Quantitative Restrictions – An Overview

13 December 2013

Article XI of GATT contains one of the cornerstones of the disciplines regarding multilateral trade regime established under the WTO i.e.

Service tax on Education Service

13 December 2013

As rightly quoted by Ralph Waldo Emerson – “For every benefit you receive a tax is levied”. Taxes are now being levied on many transactions.

Intellectual Property Rights

Brazilian patent law – Proposed reforms inspired by Indian law

25 November 2013

Brazil was the fourth country in the world to enact a patent law (in 1809) and it was also a founding member of the Paris Convention in 1882.

Corporate Advisory, Mergers & Acquisitions / PE

Changing contours of mergers and acquisitions under Companies Act, 2013

25 November 2013

The task of enacting a new law to regulate companies in India is complete. The Companies Act, 2013, (“New Act”) in its new avatar, mirrors several changes when compared to the law contemplated under the Companies Act, 1956 (“Old Act”).

Corporate Advisory

Flying solo with one person companies

25 November 2013

Adam Smith in the ‘Wealth of Nations’ (1776) declared “Individuals always weigh their own interest more than the group”. He made this statement at a time when tradesmen in Europe were organizing themselves into groups to enhance their scale of business and leverage  potential markets available for their goods in exotic, far away colonies.

Obligation to tolerate an act – A declared service

15 November 2013

By Iype Mathew                     One of the special features of the negative list based service tax regime, introduced with effect from 1st July, 2012, is the introduction of the concept of declared services (Section 66E of the Finance Act, 1994).  Declared services, which are actually descri

International Trade & WTO

National Treatment principle - Analysis of GATT Article III

15 November 2013

Among the pillars of the modern trading system that developed due to the genesis of GATT/WTO, principle of National Treatment is arguably one of the most significant.

International Trade & WTO

Safeguard measures - Extension post-expiry, not correct

30 October 2013

The framework for duration and review of safeguard measures is provided under Article 7 of the Agreement on Safeguards (AoSG).

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