articles
Goods and Services Tax
CGST Rule 36(4) - 20% of which credit are you eligible for?
27 十一月 2019
Change is the only constant’ - A phrase the CBIC seems to have adopted with the trade being bombarded with a barrage of amendments and day to day clarifications in the GST laws since the implementation of GST.
Customs, Goods and Services Tax
Pre-import condition and Rule 96(10) - Misplaced comforts and GST implications for Advance Authorization holders
27 十一月 2019
With the end of 2019 right around the corner, it is interesting to reflect back on the changes that the tax fabric has seen in the past year. One of the major reliefs that the assessees received at the beginning of 2019 (in January) was the removal of a ghost known as “Pre-import condition” specifically for manufacturers who were Advance Authorization holders.
International Trade & WTO
Panel Report in India-Export Related Measures – End of the road for export promotion programs?
26 十一月 2019
On 14 March 2018, the United States requested consultations with the Government of India under the WTO Dispute Settlement Mechanism on some of the export promotion programs maintained by India.
Goods and Services Tax
The Dividend Dilemma
30 十月 2019
In order to stay one step ahead, it is imperative for every business to take stock of its financial position to devise a suitable investment strategy from time to time. While some may settle with the traditional approach of buying and holding stable dividend paying stocks to generate a steady income stream, others may adventure in frequent trading, holding the stocks just long enough to capture dividend it pays.
International Trade & WTO
Regional Comprehensive Economic Partnership (RCEP): India’s concerns
25 十月 2019
The mega trade agreement amongst ASEAN and its FTA partners, the Regional Comprehensive Economic Partnership, is slated for conclusion by November 2019.
Direct Tax
Deduction for additional employment - Simple yet ambiguous
23 十月 2019
In the wake of rising reports on unemployment, the Central Government has taken various steps to fulfil its commitment of job creation. As part of these efforts, the provisions of Income-tax Act, 1961 (‘IT Act’) were amended[see endnote 1] to substitute the provisions of Section 80JJAA of the IT Act[see endnote 2] with seemingly less restrictive and simpler provisions to encourage job creation.
Intellectual Property
State Biological Diversity Rules – A puzzle waiting to be solved
10 十月 2019
India ratified the Convention on Biological Diversity (CBD), which was held in Rio de Janeiro, Brazil, in 1992[endnote 1] by becoming a Party to it on February 1994. Thus, bega
Mergers & Acquisitions / PE
‘Appointed date’ in a scheme of arrangement – More flexible and effective
09 十月 2019
A scheme for reconstruction of a company or companies involving merger or amalgamation under Chapter XV of the Companies Act, 2013 ("Companies Act") envisages two dates i.e. the "appointed date"
Regulatory Laws
Draft Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Bill, 2019 – An analysis
09 十月 2019
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) is a social welfare legislation which aims to provide social security benefits such as Provident Fund, Superannuation Pension, Invalidation Pension, Family Pension and Deposit-Linked Insurance to employees.
Direct Tax
Satisfaction of the ‘make available’ condition in services of short duration – An analysis
30 九月 2019
The interpretation of the 'make available' clause in respect of Fees for Included Services (FIS) in the India-US DTAA had been matter of much debate, more so since certain other treaties like India-UK als
International Trade & WTO
Role of ‘adjustment plan’ in Safeguard investigations
25 九月 2019
By virtue of India's accession to the World Trade Organization ("WTO"), India has agreed to the requirements of all the multilateral agreements under the framework of the WTO.
Customs
The Social Welfare Surcharge conundrum
23 九月 2019
The raging dispute on levy of piggy-back cesses such as education cesses, where duty payments were made by debit to the duty credit scrips such as DEPB scrips, is yet to settle down. The controversy has come back with a r
Intellectual Property Rights
Validity and infringement of a Patent:
16 九月 2019
Introduction In Communication Components Antenna Inc v. Ace Technologies Corp. and Ors [CS (Comm) No. 1222/2018], the Plaintiff had sought a permanent
Corporate Advisory
Preference Liquidation Hit or Miss?
05 九月 2019
The terms of the transaction documents for mergers and acquisitions are often dictated by the economics of investment and the bargaining position of the parties. The terms so contractually ag
Competition Law
Supreme Court upholds COMPAT order directing competition investigations against UBER
04 九月 2019
On 3rd September 2019, the Supreme Court of India ('SC&') dismissed [See endnote 1] an appeal filed by Uber India Systems Pvt. Ltd. ('Uber') against the or
Goods and Services Tax
Amendment to Section 12(8) of the IGST Act – Simplifying or complicating?
27 八月 2019
Goods and Services Tax, which was touted as a single tax reform, has completed two years in the country. It is needless to say that GST was never a perfect taxation syst
Goods and Services Tax
Conundrum of employer-employee relation – HR policies and GST implications
26 八月 2019
Flow of consideration in any form to an employee from his employer has always been a subject of dispute as far as taxation laws are concerned. While exemption from indirect
International Trade & WTO
SEZs whether eligible constituent of “Domestic Industry” under Indian trade remedial laws?
26 八月 2019
A policy was introduced on 1st April 2000 by the central government for setting up of Special Economic Zones (“SEZ”) in the country with a view t
Direct Tax
Keeping the cash in check
20 八月 2019
The Government of the present day, continuing from its previous tenure, has placed emphasis on harnessing the power of information technology in improving the governance in the country.