Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.


Intellectual Property

What’s in domain?

26 十一月 2021

Technological globalization, on account of its international, economical, and accessible character, has forced businesses to shift their business models from physical markets to electronic commerce (e-commerce) portals. In such a scenario, domain names, i.e., the user-friendly form of websites’ IP addresses, form an integral part of businesses as their identifiers in the realm of e-commerce.

Goods and Services Tax

Margin Scheme – Few unanswered issues

25 十一月 2021

Generally, GST is payable on the transaction value which is the price paid or payable for the supply of goods and services when transaction takes place between un-related persons and price is the sole consideration for supply. However, a registered person may at his option, discharge tax on sale of used or second-hand goods on the margin amount which is the difference between selling price and purchase price of the goods.


Special Purpose Acquisition Companies (SPACs): Are we ready to launch the spac-ship?

23 十一月 2021

Although the inception of modern Special Purpose Acquisition Companies (‘SPACs’) started in the United States in the early 1990s, the recent spike in this phenomenon has undoubtedly taken the markets by storm. A current favourite for companies intending to go public is by way of SPACs. They are commonly referred to as ‘blank cheque entities’ or ‘shell companies’ because they raise capital from an initial public offering (‘IPO’) to acquire an unspecified operating business.

Direct Tax

Determination of year of taxability for transfers arising out of registered Joint Development Agreements

22 十一月 2021

In recent times, the most preferred mechanism adopted by the land owners to transfer their immovable property has been under a Joint Development Agreement (‘JDA’). This mode is usually preferred by those land owners who want to develop their lands but do not have the requisite expertise to carry out the same. Therefore, they enter into a JDA with a developer for developing and marketing the land parcel to the buyers for a mutual benefit.

International Trade & WTO

Anti-absorption provisions: New tool for strengthening trade remedial measures

22 十一月 2021

In Budget 2021-22, the Finance Minister announced the introduction of statutory provisions to check absorption of anti-dumping duty (‘ADD’) and countervailing duty (‘CVD’) measures imposed by the Central Government. These provisions were inserted into Section 9 and Section 9A of the Customs Tariff Act, 1975.

Goods and Services Tax

Intermediary services – Why Circular No. 159 should not be ignored?

26 十月 2021

After the 45th meeting of GST Council, when Press Release stated that in order to remove ambiguity and legal disputes, Circular will be issued providing clarification(s) on scope of ‘intermediary services’, while some cheered with hope, others did not want to raise their expectations.

Intellectual Property

Patents – Delhi High Court rules on disclosure vis-à-vis invalidity on ground of obviousness

21 十月 2021

The article elaborately discusses a recent decision of the Delhi High Court wherein the Court clarified that the mere coverage in every case does not result in obviousness. It also confirmed that the patent applications related to selection inventions may be granted, provided they satisfy three conditions. The High Court also held that coverage and disclosure are distinct concepts.


‘Fall-back liability’ under the Consumer Protection (e-Commerce) Rules, 2020: Stricter norms in digital diaspora

19 十月 2021

It is no surprise that within a short span of time e-commerce has had a tremendous impact on consumers all over the world.  Such dramatic change in the current environment for both businesses and consumers has also posed new challenges, which made it imperative to bring a codified legislation to cater to the interests of the consumers of the e-commerce space.

International Trade & WTO

Imports by the domestic industry – Law and practice in India

19 十月 2021

Applications for initiating anti-dumping and countervailing duty investigations are usually filed by or on behalf of the ‘domestic industry’. Therefore, one of the foremost requirements in any Anti-Dumping (‘AD’) or Countervailing Duty (‘CVD’) investigation is to identify the scope of the ‘domestic industry’.

Direct Tax

CSR Regulations and charitable institutions – Recent developments

18 十月 2021

With the advent of The Companies Act, 2013 (‘Companies Act’), the corporates were casted with the mandatory Corporate Social Responsibility (‘CSR’) obligation. Section 135 of the Companies Act provides that every company meeting a stipulated threshold shall spend at least 2% of the average net profits earned during the three immediately preceding financial years, towards CSR activities.

Goods and Services Tax

Asset distribution on retirement of partners – A transaction with multiple GST issues

30 九月 2021

The retirement of partners from the partnership firms is a universal phenomenon. Further, it is not an aberrant practice for partnership firms to distribute assets to its partners at the time of retirement. However, with issues cropping up in the GST law, such distribution of assets to the retiring partners is an area of concern.

Competition and Antitrust

Vertical restraints: A competition analysis of car dealer discount policy

29 九月 2021

The Competition Commission of India (“CCI”) in its order dated 23.08.2021 penalized Maruti Suzuki India Limited (“Maruti”) with a fine of INR 200 crore for its Discount Control Policy (“DCP”). The DCP restricted the amount of discount a Maruti dealer could offer to its customers. Maruti also required the dealers to seek prior approval if they wanted to offer discounts (cash and non-cash) beyond the prescribed limits.

Intellectual Property

Meritorious win: Patentability of computer related inventions in India

27 九月 2021

In the case of Ferid Allani v. Union of India and Ors., the Intellectual Property Appellate Board (‘IPAB’) set aside the refusal order of the Indian Patent Office (‘IPO’) and allowed the appellant’s patent application.


Prepaid Instruments – An analysis of master directions issued by RBI

20 九月 2021

Banks regulator, the Reserve Bank of India (RBI), on 27 August 2021, issued the Master Directions on Prepaid Payment Instruments (‘MD PPI’) to introduce significant changes to the existing legal regime pertaining to the prepaid instruments (PPI) viz., under the Master Directions on Issuance and Operation of Prepaid Payment Instruments (‘2017 MD’).

Direct Tax

Deciphering the scope of ‘goods’-A labyrinthine task!

20 九月 2021

The scope and ambit of ‘goods’ has always been a contentious issue from a taxation perspective. Tax policies in India have witnessed an evolution of diverse taxes levied on the acts of production, manufacture, sale, lease and transfer of ‘goods’. Thus, situations where one has had to contend with the question of whether an article qualifies as ‘goods’ has been rather frequent.

Direct Tax

Rollback of retro tax: A step in the right direction

17 九月 2021

In January 2012, the Supreme Court of India gave relief to foreign investors through its landmark decision in Vodafone International Holdings BV v. Union of India (‘Vodafone case’). However, in a matter of months, the ratio laid down by the Supreme Court was rendered infructuous by way of amendments to the Income-tax Act (‘IT Act’), which were given retrospective effect from 1962.

International Trade & WTO

Circumvention of ADD on ‘ceramic tableware and kitchenware, excluding knives and toilet items’ from China, by imports from Malaysia – A case analysis

10 九月 2021

The Designated Authority through anti-dumping investigation and vide Final Findings Notification dated 8 December 2017, had recommended imposition of anti-dumping duty (‘ADD’) on imports of Ceramic tableware and kitchenware, excluding knives and toilet items (‘subject goods’) originating in or exported from China PR.

Intellectual Property

Unconventional trademarks: A roadmap to the future

30 八月 2021

The article discusses the increasing tread among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions, the Indian Trade Marks law recognizes only colour, shape of goods and sound marks as registrable marks, as there is a requirement of graphically representation in a paper form.


RoDTEP Scheme – Should it work within the budgetary limit?

27 八月 2021

The Central Government recently notified the much-awaited Remission of Duties and Taxes on Exported Products Scheme (‘RoDTEP Scheme’) with retrospective effect i.e., for exports from 1 January 2021, with certain exclusions. The article explores the answer to the question as to whether imposition of budgetary limit imposed by the government would allow the scheme to achieve its objective of refunding the duties and taxes which are not refunded/remitted/credited under any other schemes.

Browse articles