articles
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.
International Trade & WTO
Reciprocal Tariffs by the US: Impacts and strategies for India
07 四月 2025
Reciprocal tariff is a type of tariff where one country imposes a tariff on imports from another country, and in response, the second country imposes a similar tariff on imports from the first country. In this article the author discusses the reciprocal tariffs by the US and what are the impacts and strategies for India.
Corporate
Supreme Court expands definition of 'manufacturing process': A new era for cleaning and laundry services
07 四月 2025
This article analyses the judgment, the Supreme Court's observations, and its impact and implications that businesses, typically restricted to service-oriented activities, must take note of.
Corporate
The conundrum of ‘appropriate government’ under labour laws for CPSUs
04 四月 2025
The article discusses elaborately the issue of ‘appropriate government’ under the labour laws concerning the Central Public Sector Undertakings. Discussing the prevailing controversy, the author notes that the ambiguity or overlapping of jurisdictions is expected to be rectified once the longstanding Labour Codes are implemented.
Intellectual Property
Recombinant Salmonella is a ‘discovery’ under Section 3(c), rules Delhi High Court
24 三月 2025
The article discusses the recent decision of Delhi High Court in the which the court upheld the Controller’s decision to refuse a patent application for not being patentable subject matter as amounting to ‘discovery’ under Section 3(c) of the Indian Patents Act, 1970 and for failing to meet the requirements of sufficiency under Sections 10(4) and 10(5) of the Act.
Goods and Services Tax
Restaurant services at specified premises: Past continues to haunt
19 三月 2025
Applicable rate on restaurant services is based on the ‘declared tariff’ of the hotel. After the changes made by the 55th GST Council meeting, it is important that CBIC issues a clarification for the past period to resolve the ambiguity between ‘declared tariff’ and ‘value of supply’.
Direct Tax
The ‘Interest’ing conundrum – Navigating taxation of interest earned from idle project funds
17 三月 2025
To secure funds for certain ventures requiring a substantial upfront capital outlay, companies often resort to issuing shares or incurring debt. However, when these funds are not immediately deployed, companies invest these idle funds in interest-bearing securities. The article discusses the issue of taxability of the interest income generated from these securities.
Corporate
Deregulation: Redefining regulatory boundaries – EoDB 2.0
12 三月 2025
The Economic Survey 2025 has given a direction for the next wave of reforms in relation to ease of doing business with quantitative parameters to access the effectives of current regulations. Further, the Union Budget 2025 has taken various steps in this direction. The article examines the need for and impact of deregulation in the light of the Economic Survey and Union Budget of 2025.
Regulatory
A comprehensive analysis of the e-commerce guidelines by BIS
10 三月 2025
The article discusses the key aspects of e-commerce guidelines by BIS issued earlier this year and notes some strategic implications for Indian businesses. According to the authors, for India’s e-commerce ecosystem continues to grow, these Guidelines may influence future mandatory regulations, making early compliance a strategic advantage rather than a regulatory obligation.