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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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Farm Acts and agritech: Is the time ripe for the agri sector to bloom?

04 March 2021

The key challenges faced by the Indian agriculture industry are small farm holdings, low penetration of farmer producer organisations, lack of agri-data and low price realisation by the farmer.

Agritech: A much-needed digital revolution for the agri sector

04 March 2021

The agricultural sector has seen significant developments in the past few years: government reforms, major solutions offered by the onset of technology, post-COVID changes in consumer preferences, legal changes warranted by the new Farm Acts.

Investments in agritech sector: An analysis of the last decade

04 March 2021

The agritech sector has witnessed significant growth in investments over the last few years. In the last decade (2010-2019), the sector bagged a cumulative capital flow of US$ 1.9bn.

Seed industry: An overall perspective

04 March 2021

The need of the hour is a shift from production-centric agricultural practices to market-centric agricultural practices and giving market access to all the farmers, particularly smallholding farmers.

Climate change: A catalyst for agritech?

04 March 2021

The climate change is an evolving threat that will have significant impact on the lives of the global population and global economy.

Investors’ outlook on agritech in India: An interview with Omnivore’s Managing Partner

04 March 2021

Agritech start-ups in India have been successful in attracting funding from numerous investors including but not limited to large multinational companies, consumer funds, and generalist venture capital firms.

Food business: Regulatory regime in India

04 March 2021

In recent years, food processing is seen as a sunrise sector in India. With a view to enhance private investment in the food processing sector, the Ministry of Food Processing Industries has been implementing several schemes for creation of infrastructure, expansion of processing capacity, and other supporting measures for healthy growth of the food processing industry.

Traversing issues under intellectual property and allied laws vis-a-vis food and agri sector

04 March 2021

Food and agri-based industries are witnessing unprecedented levels of innovation which gives further impetus for patent protection and accordingly the necessity to assess and overcome the hurdles in this regard.

Parotta or Roti? Curd or Yogurt? Classifying culinary delights under the Indian GST regime

04 March 2021

HSN Classification of a food product is important for determining the GST rate. GST rate impacts pricing decisions of the product and legal declarations on the package.

Income-tax incentives for agritech companies

03 March 2021

The first permanent statute for imposing regular income-tax in India was enacted in 1886 and since then, agricultural income has been exempted from levy of income-tax in India. While the exemption granted to agricultural income from income-tax in 1886 continues even today, the rationale for extending such exemption in 1886 seems to be no longer relevant.

International Trade & WTO

Anti-absorption provisions – A new chapter in trade remedial investigations in India

26 February 2021

Union Budget 2021-22 proposes introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations. The article deals with questions like what is absorption, what is its purpose and the relevant changes as proposed in the Sections 9 and 9A of the Customs Tariff Act, 1975. The author also highlights the difference in the anti-absorption provisions for ADD and CVD and discusses certain aspects of the EU’s anti-dumping framework.

Goods and Services Tax

CGST Rule 96(10) and its inadvertent consequences

24 February 2021

CGST Rule 96(10) has seen conflicting interpretations, retrospective amendments and challenges. Deliberating on the interpretation of the word ‘person’ used in said rule, the article attempts to answer the question as to whether other registrations of a company, which availed benefit of Advance authorisaiton/EOU scheme in one registration, become ineligible to claim IGST refund on exports. The author discusses both propositions – multiple registrations, and multiple units in same registration.

Direct Tax

Faceless Penalty Scheme, 2021

19 February 2021

The article discusses the recently introduced Faceless Penalty Scheme, 2021 effective from 12 January 2021. The authors highlight various salient features of the Scheme like, authentication and delivery of electronic record, absence of physical interface between the assessee and revenue authorities, team-based proceedings and dynamic jurisdiction, etc., while also elaborating on the procedure to be followed in penalty proceedings and in proceedings for rectification.

Intellectual Property

A legal tussle of music rights

18 February 2021

The article discusses elaborately a recent decision of the Delhi High Court on the question as to whether the communication of a sound recording to the public also amounts to communication of the literary and musical works embodied in the sound recording to the public. It was also held that the 2012 amendment in Section 19(10) of the Copyright Act was not retrospective in nature.

Corporate

Indian startups – A booming revolution

16 February 2021

The article highlights the recently introduced Startup India Seed Fund Scheme for providing financial assistance to startups and the measures taken by the SEBI under the Innovators Growth Platform (‘IGP’) framework. A recent amendment in the Companies (Compromises, Arrangements and Amalgamations) Rules by the Ministry of Corporate Affairs, further simplifying the restructuring avenue for startups, also forms part of this article.

Intellectual Property

Design (Amendment) Rules, 2021 – Key changes

30 January 2021

The Designs (Amendment) Rules 2021 (‘Amendment Rules’) have been published in the Gazette of India on 25 January 2021 by the Department for Promotion of Industry and Internal Trade (DPIIT). The Amendment Rules come into effect from said date and further amend the Design Rules, 2001 which has been previously amended vide the Designs (Amendment) Rules, 2014. The article discusses elaborately, certain key changes brought in by the Amendment Rules.

International Trade & WTO

Retrospective imposition of anti-dumping duty in anti-circumvention investigations

30 January 2021

The article discusses as to whether, in anti-circumvention investigation, the anti-dumping duty should be imposed retrospectively from the date of initiation of the such investigation or from the date of the final findings in the said investigation. Going through the recent decision of the Designated Authority the authors hold that though the Authority has rightly interpreted Rule 27 but, the soundness of the reason may come under challenge…

Goods and Services Tax

Unhappy toy story – A classification conundrum under GST

27 January 2021

The article intends to demystify the controversial issue relating to the classification of different kinds of toys under GST. It raises the question as to whether the toys like guns, skipping ropes, musical toys and the toys which fall under the scope of ‘other toys’ in the HSN explanatory note to Heading 9503, can be classified under Sl. No. 228 of Schedule II (12% GST) to Notification No. 1/2017-Central Tax (Rate).

Competition and Antitrust

A multi-jurisdictional review of legislative trends in antitrust regulation of digital markets

27 January 2021

Big-tech giants are under constant scrutiny by antitrust regulators globally. There is also consensus that the existing antitrust framework are not sufficient for addressing various competition and privacy challenges. As a result, different jurisdictions are working on amending their current laws to deal with the issues emanating from the practices of the giants of the digital markets. This article discusses the major legislative and policy developments being proposed in India, US, EU and UK.

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