articles
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.
International Trade & WTO
India’s unwavering efforts to promote and protect the electronics manufacturing in India
07 三月 2025
This article discusses the Government’s initiatives towards the development of the electronic sector and the actions of the Indian Government to protect the Indian producers of electronic goods from unfairly priced imports. It also highlights some actions taken by the developed countries like EU and USA to protect their domestic producers in this sector.
Corporate, Securities Laws
Treatment of unsubscribed portion of rights issue – Analysing the grey areas and amendments to Master Direction: Foreign investment in India
06 三月 2025
The rights issue is one of the methods to raise share capital by a company. The article analysis the concept of renunciation and disposal of unsubscribed shares with a special focus on non-residents in the light of the recent amendment in the FDI Master Direction on Foreign Investment in India.
Goods and Services Tax
ISD implementation challenges – Whether amended ISD provisions have settled the open issues or opened new pandora box?
05 三月 2025
With a month around a corner to implement ISD, it is imperative for the companies to understand the basics of ISD, evaluate the applicability of ISD for common input services, supplies attracting reverse charge, distribution in relation to SEZ and implement the mechanism for smooth transition. This article focuses on some practical aspects related to ISD implementation.
Commercial litigation
An attempt to statutorily mediate the operational creditor dues
05 三月 2025
The Insolvency and Bankruptcy Board of India has recently come up with a proposal for the parties involved in an operational creditor application to explore mediation under the provisions of the Mediation Act, 2023. The authors note that the proposal will reduce the burden on the Adjudicating Authority, since the non-settlement report would capture any admission or dispute of debts as claimed by the operational creditor.
Direct Tax
Analysis of retrospective applicability of Black Money Act qua persons who were residents but not ordinarily residents and non-residents in FY 2015-16
05 三月 2025
The persons who were non-residents in FY 2015-16 cannot be said to be at fault and made subject to the draconian deeming fiction provided in Section 72(c) of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The said legal position will also apply in the case of residents but not ordinarily residents in FY 2015-16.
Corporate, Mergers & Acquisitions / PE
Industry Standards Note on Regulation 30 of SEBI LODR: Clarification of Disclosure Norms
03 三月 2025
The article discusses the Industry Standards Note on Regulation 30 of SEBI LODR, which clarifies the certain ambiguous disclosure requirements under SEBI LODR and seeks to cure the operational challenges and avoid information asymmetry and this will impact on the quarterly reporting requirements and time to time disclosures to be made by listed companies. This Note effectually makes the disclosure requirements ‘qualitative’ rather than ‘quantitative’ under Regulation SEBI LODR.
Direct Tax
Union Budget 2025: Transfer Pricing Reforms - More Loopholes than Solutions?
03 三月 2025
The article discuss the amendment, the potential issues needing clarification and also the global practices being followed for transfer pricing compliance and assessments.
Customs
Unveiling the right to challenge assessments: Is consent the end?
21 二月 2025
The article discusses the recent decision of the Delhi High Court in Niraj Silk Mills which has (re)triggered the debate over the significance of ‘consent’ given at the time of assessment of bill of entry or shipping bill, be it regarding rate of duty / valuation / classification. It focuses on the critical aspect of whether an assessee can challenge an assessment even after giving consent / acceptance in writing.
Corporate, Customs
India’s vision for global dominance – Incentivising domestic manufacturing and export promotion
21 二月 2025
The article discusses the key takeaways of the Union Budget 2025 in relation to the Government’s ‘Make in India’ initiative. The Government has sought to further strengthen and boost domestic manufacturing in India and promote export and employment in key sectors like textiles, shipment, toys, electronic vehicles and leather.