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


Direct Tax

Slump exchange: The taxation battlefield

20 November 2020

The article discusses at length the question as to whether ‘slump exchange’ is covered by the provisions of Section 50B of the Income Tax Act, 1961. According to the authors, the question that arises is whether only transfer as a result of ‘sale’ would be covered by the provisions of Section 50B or whether slump sale includes other forms of ‘transfer’ as well as defined in Section 2(47). Another issue that comes to light is whether transfer for non-monetary consideration can constitute a sale.

Intellectual Property

Divisional Applications in India – Evolving jurisprudence

18 November 2020

To file a divisional application in India, the parent application should include more than one invention while claims based on the same inventive concept is not allowed. Elaborately discussing various IPAB Orders, starting from the 2011 decision in the case of LG Electronics and up to the very recent decision in the case of Esco Corporation, the article examines several issues involving divisional applications.


M&A by listed companies: SEBI’s grip

12 November 2020

The first article elaborately discusses a recent circular issued by SEBI that will be applicable for a scheme of merger, demerger, amalgamation or arrangement filed with the stock exchanges after 17 November 2020. The authors analyse the key implications of the circular, like additional factors which need to be considered by the audit committee, requirement of a recommendation in the form of a report from the committee of independent directors of the listed company...

Arbitration, Commercial litigation

Writ jurisdiction over orders of Arbitral Tribunal: Certa lege but still agitated

12 November 2020

This article covers a recent decision of the Gujarat High Court where the Court has reiterated that the order of the arbitral tribunal could not be challenged in writ proceedings under Articles 226 and 227 of the Constitution of India. The authors note that though the question of maintainability of writ proceedings against an order of the arbitral tribunal has been settled in a long line of decisions...

Intellectual Property

Trademarks – Registration of similar/identical marks if services/goods offered are distinct

06 November 2020

This case Sparx Group Co. Ltd. v. Senior Examiner of Trade Marks provides a definitive interpretation and application of the law with respect to the precedence of prior use and market recognition of a trademark when objected on relative grounds of refusal under Section 11 of the Trade Marks Act, 1999.

Intellectual Property

Timing of institution of a civil action is crucial

03 November 2020

The Delhi High Court recently addressed an important issue under the copyright law, the idea-expression dichotomy, and rebuked the practice of litigants approaching the Courts for reliefs at the eleventh hour without any justification.

International Trade & WTO

Technical specification based product exclusion in mid-term reviews

30 October 2020

The article discusses at length the provisions relating to Mid-Term Review (‘MTR’) of anti-dumping measures. Observing that MTR can even be requested by the user industry for excluding certain products from the scope of the product under consideration, where such product is of a technical grade that is not or cannot be produced by the domestic industry for the specific user requirements, the author elaborately examines a recent final finding of the Directorate General of Trade Remedies (‘DGTR’).

Competition and Antitrust

The Evolving Dynamics of Competition Regulation in Digital Markets

30 October 2020

Rapid technological advancement has given birth to new products and services which are ever-evolving and an unchartered territory for competition regulators. Digital markets have grown from being considered an extension of brick and mortar markets to an alternate market unto themselves in less than half a decade.

Goods and Services Tax

Charges for delayed payment – Can they escape from valuation!

26 October 2020

Analysing Section 15(2)(d) of the Central Goods and Services Tax Act, 2017, the article elaborately discusses the question as to whether every charge paid for delayed payment of any amount form part of the value of supply. In the opinion of the authors, Section 15(2)(d) does not cover all scenarios where additional charges are paid.

Direct Tax

Equalisation levy on non-resident e-commerce facilitators – Analysing ‘amount’ for tax

16 October 2020

The article discusses at length a peculiar issue relating to Equalisation levy on non-resident e-commerce facilitators, regarding the amount on which the such e-commerce facilitators should charge such levy. Analysing the question as to whether the ecommerce operator should calculate the levy on the entire sale value of the goods/services or only on the commission amount, the author observes that the provisions do not provide a clear answer

Banking & Finance, Corporate

Regulating the foreign contribution: Changing regime

14 October 2020

The Foreign Contribution (Regulation) Act, 2010 was enacted to regulate the acceptance and utilization of foreign contribution. Foreign contribution refers to the donation, delivery or transfer of any article, currency or security by any foreign source. With an objective to streamline the provisions under FCRA by enhancing transparency and accountability in the receipt and utilization of foreign contributions, the Foreign Contribution (Regulation) Amendment Bill, 2020 was passed by recently.

Intellectual Property

Inventive step assessment – IPAB elucidates important principles

12 October 2020

The Intellectual Property Appellate Board (‘IPAB’) in a recent order dated 29-09-2020 allowed the appeal filed by Pharmacyclics, LLC challenging the revocation of Indian Patent No. 262968 by the Joint Controller of Patents and Designs, New Delhi following post-grant opposition proceedings initiated by Laurus Labs Pvt. Ltd.; and has set aside the revocation order as being ‘devoid of merit’.


Code on Wages, 2019 – An overview

02 October 2020

The Second National Commission on Labour Laws, which submitted its report in June 2002 had recommended that the existing set of labour laws should be broadly divided and grouped into the four groups. Acting on the recommendations, the Union Government has proposed to enact four labour codes, subsuming 29 labour law legislations. The Code on Wages, 2019 (‘Wage Code’) is the first of the lot to get the legislative approval and subsequently, the assent of the President of India on August 8, 2019.


Industrial Relations Code, 2020 – An overview

02 October 2020

The Industrial Relations Code, 2020 (“IRC 20”) has been introduced as a part of the labour legislations consolidations, in terms of the recommendation of the Second National Commission on Labour (2002). Accepting their recommendations, the Ministry of Labour and Employment has consolidated labour code in to four labour codes of (i) Industrial Relations (ii) Wages (iii) Social Security (iv) Welfare and Safety.


Code on Social Security, 2020 – An overview

02 October 2020

• The purpose of Code on Social Security, 2020 (‘SS Code’) is to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organized or unorganized or any other sectors and for matters connected therewith or incidental thereto.


Occupational Safety, Health and Working Conditions Code, 2020 – An overview

02 October 2020

Pursuant to the recommendations of Second National Commission on Labour, the Ministry of Labour and Employment had introduced the Occupational Safety, Health and Working Conditions Code, 2020 (‘OSHW’) Code in the Lok Sabha in order to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment.

International Trade & WTO

The ‘Mutuality’ of a mutually agreed solution under the Dispute Settlement Understanding

30 September 2020

The article discusses an interesting proposition which arose in a recent dispute before the WTO’s DSB in the case United States - Tariff Measures on Certain Goods from China (DS543). According to the author, the Panel has clarified that for a solution to be accepted as a mutually agreed solution within the meaning of Article 12.7, the solution must be acceptable to both parties, i.e. should be mutual, and must resolve the issue at hand.

Goods and Services Tax

Tata Motors’ AAR decision: A fix to the age-old strife?

25 September 2020

Employee recoveries have always been a contentious issue, both in pre-GST era and under GST. The article elaborately analysis a recent decision of Maharashtra AAR in the case of Tata Motors, where the Authority has held that the provision of bus facilities by the employer to the employee on a nominal price falls under ‘employer-employee’ relation and is not a ‘supply’. Analysing whether the said ruling will be beneficial for the assessees, the author discusses the effect on other doctrines

Direct Tax

TCS on sale of goods – Practical nightmare

21 September 2020

Sub-section (1H) introduced in Section 206 of the Income-tax Act, 1961 by the Finance Act, 2020, seeks to extend the ambit of Tax Collection at Source (‘TCS’) to consideration received from sale of goods. The article seeks to address certain practical issues that would be faced by tax payers in following the law effective from 1-10-2020. It discusses that the meaning of ‘goods’ must be derived from the Sale of Goods Act and not from…

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