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

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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.

Intellectual Property Rights

Trademark passing-off against film release

20 八月 2019

The case of Dr. Vijay Abbot v. Super Cassettes Industries Private Limited &amp; Ors.[See endnote 1], a Single Judge of Delhi High Court while dealing with the issue of passing-off in respect of a title of the film, <e

Insolvency

Timelines for Corporate Insolvency Resolution Process - The 2019 amendments and their ambiguities

16 八月 2019

In recent times, there have been multiple instances of delay in completion of the corporate insolvency resolution process ("CIRP

Arbitration

A step towards strengthening institutional arbitration in India - New Delhi International Arbitration Centre Act, 2019

08 八月 2019

With a view to promote institutional arbitration and to make India a destination for conducting international arbitration, a new bill was introduced and has been passed by both the Houses

Securities Laws

Roles and responsibilities of Compliance Officers under SEBI regulations

08 八月 2019

Business environment in India has undergone a sea-change in the past decade. Increased emphasis on values such as accountability, transparency, risk management has led to integrat

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