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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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Corporate Advisory, Insolvency

Winding Up – Legal position under Companies Act, 2013 vis-à-vis Insolvency and Bankruptcy Code, 2016

03 三月 2017

Prior to November 15, 2016, the term “winding-up” was neither defined under the Companies Act, 1956 (“1956 Act”) nor under the Companies Act, 2013 (“2013 Act”).

Direct Tax

Transfer of title without registration - Finance Bill 2017 addresses the dilemma

22 二月 2017

 The Supreme Court in the case of Shoorji Vallabhdas reported in [1962]  46 ITR 144 (SC) held that “No doubt, the Income-tax Act takes into account two points of time at which the liability to tax is attracted, viz., the accrual of the income or its receipt; but the substance of the matter is the i

Intellectual Property Rights

Trademarks - Well-known mark associated solely with the proprietor

22 二月 2017

In December, the Delhi High Court granted permanent injunction in favour of Mother Dairy (the Plaintiff) in Mother Dairy Fruit and Vegetable versus S.K. Rahee.

Preparing for transition to GST

20 二月 2017

GST being the largest indirect tax reform in Indian tax history is on the verge of implementation. Every business, small or big, will get impacted by GST.

International Trade & WTO

Implications of facilitating trade — India and the Trade Facilitation Agreement

10 二月 2017

The Trade Facilitation Agreement (TFA) negotiations were concluded in 2013, and the Agreement is set to come into force, in terms of Article X:3 of the Marrakesh Agreement, upon domestic ratification by two-thirds of the WTO membership, i.e., by 110 members. Nepal recently became the 108th member t

Regulatory Laws

Stamp Duty issues in slump sale transactions

06 二月 2017

Slump sale is a commonly used method of business acquisition wherein an undertaking as a “going concern”is transferred from one entity to another. The term ‘slump sale’ incorporated under the Income Tax Act, 1961 [See End Note 1] (“IT Act”) has been defined to constitute the following elements:

Intellectual Property Rights

World famous or not-Trans-border reputation in trade marks

24 一月 2017

Trans-border reputation as the name suggest means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor the trade mark registered.

Direct Tax

TDS on sea freight – Good times for time charter ?

23 一月 2017

Computation of income of non-resident shipping entities posed many challenges and to ease the same Section 44B was enacted vide Finance Act, 1975 w.e.f. 1 April 1976.

International Trade & WTO

EU-Biodiesel: “Input Costs” in Constructed Normal Value

16 一月 2017

The WTO Appellate Body (AB) has recently delivered the final word on construction of normal value. In European Union - Anti-Dumping Measures on Biodiesel from Argentina (DS 473) [see end note 1]

Inter-State supplies under Model IGST Law – Treatment of FOR & Ex-works supplies

13 一月 2017

One of the many disputes that have continued to exist in the present regime of taxation of sale of goods are the disputes pertaining to determination of the nature of transaction as inter-State sale subject to Central Sales Tax or local sale subject to VAT.

Challenges in availment of Input Tax Credit under GST

13 一月 2017

The Revised Model GST Law (hence forth "RMGL") was made available in public domain in November, 2016. The commitment of the government is to roll out a simplified and easier indirect tax regime, yet the provisions reveal a different picture.

Corporate Advisory, Mergers & Acquisitions / PE

Mergers & Acquisitions provisions notified in Companies Act

03 一月 2017

The Companies Act, 2013 (Companies Act) is one of the landmark legislations enacted in recent years to bring forth transparency, ease of doing business and protecting rights of minority shareholders. The Companies Act was, in many ways,

Regulatory Laws

Benami Transactions (Prohibition) Act - A Study in Comparison

02 一月 2017

In a further crackdown on the parallel economy that has affected the Indian economy adversely, the Central Board for Direct Taxes (CBDT) on November 1, 2016 has notified the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act). 

Customs, Direct Tax

Customs valuation and transfer pricing – different valuations for the same transaction ?

27 十二月 2016

Globalization has brought along with it various taxation issues, the most talked about being, transfer price of goods being traded amongst enterprises forming part of a same business group (‘related entities’).

Intellectual Property Rights

Secrecy directions in designs

22 十二月 2016

Most of us are familiar with provisions in Patents Law related to secrecy directions [see end note 1] on inventions relevant for defence purposes and the security of India; however, similar secrecy directions are also provided under the Designs Law [see end note 2].

Anti-Profiteering measure and price control mechanism under GST

20 十二月 2016

The revised model Goods and Services Tax (GST) law has been released by the Government, taking into consideration various representations received from the stake-holders.

International Trade & WTO

Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal

12 十二月 2016

On 11 December 2016, specific provisions of Section 15 of the Protocol of Accession of China to the WTO will expire.

Mergers & Acquisitions / PE, Regulatory Laws

Stamp duty payable on scheme of Amalgamation

06 十二月 2016

A recent Bombay High Court judgement [ see end note 1] sparked a debate amidst corporate lawyers on the issue of stamp duty payable on the order sanctioning the scheme of amalgamation where the transferor and transferee companies have registered offices in two different States in India.

Direct Tax

Implication of amalgamation on assessment proceedings

22 十一月 2016

A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.

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