articles
Direct Tax
Implication of amalgamation on assessment proceedings
22 November 2016
A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.
Intellectual Property Rights
Doctrine of lifting of corporate veil in trademark law
16 November 2016
Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it.
Input Tax Credit under GST regime – Make it seamless
15 November 2016
The new Goods and Services Tax (GST) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services across India.
International Trade & WTO
Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy
09 November 2016
Paragraph 5 of Article VI of the General Agreements on Tariffs and Trade, 1994 (hereinafter referred to as “GATT”) states that “No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing du
Corporate Advisory, Securities Laws
Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper
04 November 2016
Last year, the Securities and Exchange Board of India (“SEBI”) introduced the Listing Obligations and Disclosure Requirements Regulations, 2015 (“Regulations”). These Regulations were brought in to provide for a consolidated flow of disclosures
GST – A look at certain grey areas in transition provisions
24 October 2016
The date of implementation of Goods & Services Tax (GST) is now certain and from 1st April, 2017, India will enter the new indirect tax regime bringing great deal of uniformity and robustness which will impact every business and industry.
Direct Tax
Do taxes cloud the novelty of SARs?
15 October 2016
Conceptually different from the Employee Stock Option Plan a.k.a ESOP, a household term in India, Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an organisation by granting them the right to benefit from any appreciation in the value of the common stock (
Intellectual Property Rights
Trade-dress Infringement - It’s all about the looks
15 October 2016
The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours.
International Trade & WTO
Targeted dumping: An examination
12 October 2016
Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping.
A primer on e-commerce business and related laws in India
30 September 2016
E-commerce, in recent times, has mushroomed and has now touched all forms of business transactions in the country. Due to the ease, safety, security and convenience provided by electronic payment systems, E-wallets or mobile wallets have taken over the traditional system of payments.
GST – A look at draft rules on registration and invoices
29 September 2016
India is on the expressway in implementing the biggest reform ever in its indirect tax system. Till July, possibility of implementation of Goods & Services Tax (GST) was perceived as riddled with uncertainty but the Indian political parties have come together and ensured that the Indian Constitutio
Direct Tax
Spending less than ALP can also have adverse implication
27 September 2016
A person resident of India under the Income-tax Act, 1961 (‘the IT Act’) is liable to tax in India on his global income [see end note 1].
Intellectual Property Rights
Internet broadcasting companies to come within the ambit of statutory licensing
26 September 2016
This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act.
International Trade & WTO
Application of lesser duty rule in anti-dumping investigations
14 September 2016
The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports that cause injury to the domestic industry.
Direct Tax
Tax bonanza for Telecom companies?
25 August 2016
Honourable Delhi High Court in a recent decision [see End Note No. 1] has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordinary items of i
Regulatory Laws
Real Estate (Regulation and Development) Act, 2016 – A Comment
25 August 2016
The land-population disparity heralded great demand in the real estate sector in India. This demand clubbed with the dearth of a proper vigilance mechanism ramified the real estate sector into a money minting ground.
Intellectual Property Rights
Controller overreach or common sense? - A tale of Section 83 of the Patents Act
23 August 2016
In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.
GST – Designing a compliance friendly regime
18 August 2016
India is now poised to introduce its biggest indirect taxes reform by launching the Goods and Services Tax regime.
International Trade & WTO
Causal Link Analysis: An Examination
10 August 2016
The Indian anti-dumping authorities in recent findings in sunset review investigations concerning imports of Acetone [see end note 1] and Phenol [see end note 2] recommended the discontinuation of the duty as, among other things, factors other than dumped imports from the subject country were found