articles
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.
Mergers & Acquisitions / PE
Celebrity investments in India
14 五月 2025
The article discusses celebrity investments in India in which the actors, sportspersons, and influencers invest in startups often in sectors aligned with their public image. Celebrities must carefully evaluate the potential risks and rewards of such investments, ensuring alignment with their personal brand values and long-term goals.
International Trade & WTO
A missing piece in India’s trade remedy law: Codifying ‘public interest’
06 五月 2025
The article notes that there is absence of express statutory provisions under the India’s AD/CVD laws on how ‘public interest’ should be assessed by the DGTR and the Ministry of Finance. Drawing from the practices of other jurisdictions across the world, the authors also highlight certain criteria which could be adopted by India.
Goods and Services Tax
Resurrecting the dead: Haryana’s Entry Tax dilemma
06 五月 2025
The article discusses the history related to the entry tax dispute in Haryana, the questions surrounding legality of the recent Removal of Difficulties order introduced by the Government of Haryana and the present statuswith respect to the instant issue
Goods and Services Tax
Export refund simplification: Prospective by legislature; retroactive by the courts!!!
05 五月 2025
The article highlights the retroactive impact of the amendment relating to export refunds, in the light of recent High Court decisions. The authors note that while GST Council has simplified the export refund process for the future from 2024, the amendment was not made retrospective by the legislature, and hence creating problems.
International Trade & WTO
CBAM – Key changes via European Commission’s omnibus package
01 五月 2025
The article discusses the key changes brought about by the Omnibus Package and their implications for carbon emission reporting for Indian exporters.
Corporate, Mergers & Acquisitions / PE
Unravelling the CCPA: A critical look at its legal framework and implications for businesses
01 五月 2025
The article discusses the powers, jurisdiction, procedural framework, evolving enforcement trends, and the key challenges businesses face in navigating the CCPA's legal landscape.
Corporate, Mergers & Acquisitions / PE
Budget 2025: Rationalising Fast Track Mergers
29 四月 2025
The article discusses extended category of companies allowed under the Fast Track Merger. Elaborately analysing all the four categories with diagrams, the authors note that the amendment seeks to cover more categories of companies under the FTM process.
Corporate, Mergers & Acquisitions / PE
Gross negligence and wilful misconduct in investment transactions
29 四月 2025
The article infers that gross negligence and wilful misconduct, while related, are distinct legal concepts. Pointing out various recommendations to the investors to safeguard against the risks posed by these, the authors note that it is imperative for investors to carefully negotiate and finalize transaction documents that include these terms as defined ‘cause’ events.
Regulatory
Role of Consent Managers: Insights from the Draft Digital Personal Data Protection Rules
23 四月 2025
The article discusses the defined role, responsibilities and operational contour of a consent managers as provided in the recently issued draft Digital Personal Data Protection Rules, 2025.
Direct Tax
Section 194T – A new compliance frontier for partnership firms and LLPs
21 四月 2025
The article discusses the scope, applicability and key interpretational challenges of Section 194T of the Income-tax Act, 1961 which was inserted by the Finance (No. 2) Act, 2024. According to the authors, this represents a pivotal shift in the tax regime governing payments made by partnership firms and LLPs to their partners but, has number of interpretational issues.
Intellectual Property
The Risdiplam saga: Delhi High Court adjudicates patent infringement suit between Roche and Natco
17 四月 2025
Intellectual Property
Not all marks are created equal: The curious case of distinctiveness
17 四月 2025
The article discusses how the Courts are increasingly realizing that distinctiveness in trademarks may not necessarily be inherent, it can also be created via use. It examines these changing interpretations, concentrating on significant rulings that have influenced India’s trademark protection laws.
Corporate
RBI releases Draft Trade Regulations and Directions 2025 governing export and import
16 四月 2025
As a part of enhancing the ease of doing business and for providing greater flexibility to exporters and importers, the Reserve Bank of India (‘RBI’) proposes to rationalise the export and import regulations
Regulatory
Ensuring compliance: Enforcement and search & seizure powers of the Bureau of Indian Standards
14 四月 2025
The search and seizure powers vested in BIS play a crucial role in ensuring the integrity of products available in the Indian market. The article highlights the legal framework, procedural aspects, and case studies relating to enforcement mechanisms and search & seizure powers of the Bureau of Indian Standards.
International Trade & WTO
Quantitative restrictions on imports of metallurgical coke affirmed: Interplay between Foreign Trade Policy and Quantitative Restrictions clarified
09 四月 2025
The Delhi High Court has recently held that quantitative restrictions imposed under Section 9A of the Foreign Trade (Development and Regulation) Act, 1992 are not subject to the transitional arrangements outlined in Paragraph 1.05(b) of the Foreign Trade Policy. The article notes that the improbability of relying on pre-existing Irrevocable Commercial Letters of Credit in instances where safeguard investigations are ongoing or anticipated, will lead to greater unpredictability.