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International Trade & WTO

All is fair in trade and war – Panel Ruling on interpretation of security exceptions in Russia-Traffic in Transit

April 23 2019

By Jayant Raghu Ram Introduction On 05th April 2019, the WTO circulated the Panel report in Russia – Traffic in Transit (DS512), a dispute which was initiated by Ukraine agains

Regulatory Laws

Maximum pensionable salary - SC upholds HC judgment quashing cap thereon

April 08 2019

By Ankit Parhar The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) is a social welfare legislation enacted to provide social security to employees in the form of retirement or old age benefits. The EPF

Corporate Advisory

Companies (Significant Beneficial Owners) Amendment Rules, 2019: Significant clarity at last

April 08 2019

By Sudish Sharma, Samad Ali and Anantha Desikan S Introduction The Companies (Significant Beneficial Owners) Rules, 2018 (“SBO Rules”) was notified on June 14, 2018. The SBO Rules endeavor to iden

International Trade & WTO

US withdrawal of GSP benefits for India

March 27 2019

By Bhargav Mansatta Generalised System of Preferences (GSP) means a mechanism by which imports from developing countries are subject to lower tariffs in the importing country. This system has been implemented by the developed countries s

Direct Tax

Dichotomy between Gross and Net amount - Analysis of Vijay Industries Judgment

March 25 2019

By Mahendra Singh Introduction: The Income-tax Act, 1961, under Chapter VI-A, provides for certain special deductions. These special deductions have been subject matter of litigation all along. One such pr

Goods and Services Tax

Burden of unified registrations for EOUs and DTA units

March 22 2019

By Anupama Ravindran This article intends to highlight certain issues with regard to restrictions on refund of integrated tax paid on exports, for multiple business units having a single GST registration. Section 54 of the CGST Act st

Goods and Services Tax

Breaking the credit chain – An avenue to boost revenue?

March 22 2019

By Brijesh Kothary The Goods and Services Tax Council, in its 34th meeting held on 19-3-2019 recommended certain measures to streamline implementation of lower effective rates of GST for real estate sector. In its previous meeting, the GST Council r

Intellectual Property Rights

Trademarks – Use of a generic prefix, how far effective

March 18 2019

By R. Parthasarathy & Abhishek Yadav The question whether a mark is descriptive or invented, has always been a contentious one. The Supreme Court in 1994 dealt with this issue in J.R. Kapoor v. Micronix India. In the

Corporate Advisory | Regulatory Laws

Directors receiving remuneration are employees as per ESI Act

March 11 2019

By Ankit Parhar In Employees' State Insurance Corporation v. Venus Alloy Pvt. Ltd.[See endnote 1], the Supreme Court has held that Directors of a company, who are receiving remuneration, would fall within the definition of a

Corporate Advisory

Relief to disqualified directors under the Companies Act, 2013

March 11 2019

By Tanya Sharma and Anantha Desikan Section 164 of the Companies Act, 2013 (“Companies Act”) deals with the eligibility criteria for appointment of a director in a company and one of the eligibility criteria is that in case a comp

Securities Laws

Banning of Unregulated Deposits Schemes Ordinance, 2019

March 11 2019

By Sudish Sharma and Vishakha Singh Indian economy in the recent times has witnessed a plethora of fraudulent corporate malpractices. The issue of illegal deposit-taking activities has been a concerning one, causing various fi

International Trade & WTO

Analysis of “Material Retardation”: A WTO jurisprudential perspective on DGTR’s recent findings

February 27 2019

By Greetika Francis The Directorate General of Trade Remedies (DGTR) in India has had scant opportunity to address situations of injury in the form of “material retardation to the esta

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