articles
Intellectual Property
Balancing innovation and ethics: Calcutta High Court’s guidance on Section 3(b)
27 六月 2025
This article examines two recent judgments of the Hon’ble Calcutta High Court in appeals filed by ITC Limited under Section 117A, challenging the rejection of patent applications on grounds of non-patentability under Section 3(b).
Goods and Services Tax
Taxing the in-between: GST implications on sale of partially constructed buildings
25 六月 2025
The article discusses a recent Karnataka HC decision holding that transfer of partially constructed building (which is substantially completed) on ‘as is where is’ basis does not amount to deemed supply of construction service.
Customs
Classification of goods – Recent WCO Rulings, Opinions, and HSN Explanatory Notes changes
25 六月 2025
The article summarises the 75th Session of the World Customs Organisation’s (‘WCO’) Harmonized System Committee which was held in March 2025. The Rulings, opinions, changes suggested therein have been recently released by the WCO.
Economic Offences
Unravelling the power of seizure under Section 37A of FEMA
24 六月 2025
The article discusses the scope, interpretation and applicability of Section 37A in different circumstances and safeguards that are required to avoid potential misuse of these extraordinary powers.
Corporate, Mergers & Acquisitions / PE
Leveraged Buyouts in India
19 六月 2025
A Leveraged Buyout (‘LBO’) is a financial strategy where an investor, typically a private equity (PE) firm, acquires a company primarily using borrowed funds, with the target company’s assets or cash flows used as collateral to secure or repay the debt. The key appeal of an LBO lies in minimizing equity while maximizing return on investment, taking the risk that the business performs well post-acquisition
Goods and Services Tax
Hard-locking GSTR-3B: A new compliance milestone and its pitfalls
19 六月 2025
The article discusses a recent GSTN advisory that stated that beginning with the July 2025 tax period, outward liability in GSTR-3B, auto-populated from GSTR-1/IFF, will be non-editable. It observes that the proposal lacks legal backing and may pose operational challenges.
Direct Tax
Navigating fair value adjustments in income tax computations
19 六月 2025
The article examines the implications of fair value accounting advocated by the Accounting Standards issued by the ICAI. It delves into the question as to whether the computation of income for the purposes of the Income Tax Act can be made with reference to the fair value accounting carried out in books of accounts.
Intellectual Property
Battle of the Armours: When ‘Under’ meets ‘Aero’ in trademark turf war
16 六月 2025
The article discusses a recent Delhi High Court decision which not only brings into focus the legal standards applied to determine trademark infringement but also explores the boundaries of protection for globally recognized brands under Indian law.
Regulatory
Understanding the QCO on household, commercial and electrical appliances
06 六月 2025
In a significant move to bolster consumer safety and enhance the quality of electrical appliances in India, the Department for Promotion of Industry and Internal Trade (‘DPIIT’) has issued the ‘Safety of Household, Commercial and Similar Electrical Appliances (Quality Control) Order, 2025’ (‘QCO’), on 19 May 2025.
International Trade & WTO
The price puzzle: Unpacking the distinct roles of Reference Price and Minimum Import Price in the Indian trade laws
03 六月 2025
The article discusses the distinct features of 'Reference Price' and 'Minimum Import Price' mechanisms in the Indian trade laws, clarify the legal and procedural frameworks governing them, and dispel the common misconceptions.
International Trade & WTO
Strengthening India’s Export Controls: The critical role of internal compliance programs
03 六月 2025
Examining the legal framework, the SCOMET list including Catch-all Controls, the article discusses as to why export control compliance is crucial. Highlighting the crucial role of Internal Compliance Programs (ICP) and as to what makes a good ICP, the authors observe that an ICP is the need of the hour.
Corporate, Mergers & Acquisitions / PE
Legal reforms in India’s oil & gas sector to unlock strategic investment potential
02 六月 2025
The article discusses how India’s oil and gas industry presents significant opportunities for foreign investors, particularly in the light of India’s rising energy demand. It analyses the key legal reforms under the Oilfields (Regulation and Development) Amendment Act, 2025.
Commercial litigation
Dead end or detour? Reference to arbitration in MSE disputes
02 六月 2025
The article discusses the legal framework, rulings, and remedies available to MSEs, focusing on whether a court can appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, when the MSEFC fails to act.
Customs
Classification disputes on networking equipment forcing a policy change
29 五月 2025
The article discusses a decision regarding classification of small form-factor pluggable (‘SFPs’) in favour of the importer but, highlights that considering a recent press report indicating that the Finance Ministry is considering a 10% BCD on telecom network equipment components.
Corporate, Mergers & Acquisitions / PE
Retaining Founders: The rise of ‘Rollover Equity’
27 五月 2025
The article discusses the rise of rollover equity which allows the founder to continue as a stakeholder in the business even after selling a majority or controlling interest. It also offers a middle path between a full exit and continued operational involvement. For acquirers, it ensures continuity and helps to reduce integration risks.
Regulatory
Hallmarking Scheme of BIS: Safeguarding the purity of precious metals
20 五月 2025
The article discusses the legal framework, and procedural aspects relating to the hallmarking scheme of BIS applicable to gold and silver jewellery.
Regulatory
AI for children: Navigating the legal and regulatory terrain in India
20 五月 2025
The article discusses the legal and regulatory landscape of the use of artificial intelligence (AI) products and services for children in India. The products and services raise critical concerns regarding child safety, data privacy, psychological well-being, and regulatory oversight in India, particularly on account of the lack of appropriate legal frameworks governing AI and children’s digital rights.
Direct Tax
To report or not to report, that is the Branch Office question
19 五月 2025
The article discusses the applicability of the Transfer Pricing provisions under the Income-tax Act, 1961, and highlights that taxpayers may have to re-examine this position in light of the recent judgment by the Hon’ble Gujarat High Court in the case of Axis Bank Limited.
Intellectual Property
Method of supplementing animal feed is not a method of treatment, High Court clarifies
15 五月 2025
The article discusses a recent Madras High Court decision holding that a method of supplementing animal feed does not qualify as a method of treatment to render the animal free of disease or to increase their economic value or that of their products as enshrined in Section 3(i) of the Patents Act, 1970.