articles
Goods and Services Tax
Relevance of amortization for valuation under GST law
13 四月 2018
As G. F. Stanlake states in his book ‘Introductory Economics’, a person who spends his or her time performing one relatively simple task becomes extremely proficient at that particular operation.
Regulatory Laws
Trading in Virtual Currencies: An analysis under foreign exchange laws of India
03 四月 2018
The cryptocurrencies or virtual currencies (“VC”) [see Endnote 1] can be defined as a type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.
Mergers & Acquisitions / PE, Regulatory Laws
Cross-border Mergers – Analysis of FEMA provisions
03 四月 2018
On 13th April 2017, the Ministry of Corporate Affairs (MCA) notified Section 234 of the Companies Act, 2013 and inserted a new Rule 25A (merger or amalgamation of a Foreign Company with Indian company and vice-versa) in the Companies (Compromises, Arrangements and Amalgamations) Rules,
International Trade & WTO
DGAD introduces new requirements for user industry
30 三月 2018
Among many significant changes being introduced by the Directorate General of Anti-dumping & Allied Duties (DGAD) of late, there are some new requirements applicable to user industry in India going forward in investigations initiated from 1st of March 2018.
Direct Tax
Deduction of tax at source on reimbursements - An unsettled debate!
23 三月 2018
The question as to whether tax has to be deducted at source on expenditure reimbursed to both residents and non-residents has been a subject matter of judicial scrutiny on various occasions.
Intellectual Property Rights
No Copyright in the Title of a Cinematographic Film
22 三月 2018
The Division Bench of the Madras High Court, in February 2018, dealt with the concept of copyright protection of Title of Cinematographic Film in the case of M/s Lyca Productions v. J.Manimaran & Ors.
Goods and Services Tax
Intra-State supplies v. Inter-State supplies under GST law
16 三月 2018
While levying tax on various supplies of goods or services, it becomes pertinent to decide whether supplies shall be treated as intra-State supplies or inter-State supplies.
Intra-State supplies v. Inter-State supplies under GST law
16 三月 2018
While levying tax on various supplies of goods or services, it becomes pertinent to decide whether supplies shall be treated as intra-State supplies or inter-State supplies.
Corporate Advisory
Companies (Amendment) Act, 2017 – An analysis
06 三月 2018
The Central Government has notified Companies (Amendment) Act, 2017 (“Amendment Act”) on January 3, 2018 that was passed by the Parliament in its winter session [see End Note 1]. The Companies Act (Amendment) Bill, 2016 (“Bill”) was first introduced in the lower house of Parliament in March, 2016.
International Trade & WTO
Applicable time limit in Anti-dumping review proceedings
27 二月 2018
Three types of reviews are contemplated under the WTO Anti-dumping Agreement & Indian Anti-dumping Rules, 1995 namely (i) Mid-term review under Rule 23(1A) (ii) Sunset review under Rule 23(1B) and (iii) New Shipper review under Rule 22.
Direct Tax
Taxing compensation receipts – Whittling away the relief?
16 二月 2018
While taxing of long term capital gains and insertion of the Income Computation and Disclosure Standards (ICDS) have been some of the major talking points post presentation of Budget this year, the apparently innocuous insertion in Section 28 has not received much attention.
Intellectual Property Rights
Protection of designs vis-à-vis newness and originality
14 二月 2018
By Godhuli Nanda There is required sufficient novelty and originality for a completely new creation to come into existence as a design, and only thereafter would the design be said to be one which is capable of being protected as a design under
Goods and Services Tax, Regulatory Laws
Legal metrology - New labelling rules could agitate businesses
12 二月 2018
The Legal Metrology (Packaged Commodities) Rules, 2011 which govern the pre-packed commodities, were amended by Notification Number G.S.R. 629 (E) dated 23rd June 2017 and the said amendments have become effective from 1-1-2018.
Goods and Services Tax
E-way bill provisions and valuation of goods
12 二月 2018
The objective of plugging revenue leakage or tax evasion will take a step ahead with the introduction of E-way bill rules as the tax administration can keep track of every movement of goods above the specified value.
Insolvency
The Insolvency and Bankruptcy Code (Amendment) Act, 2018 – Analysis of the Key Changes
05 二月 2018
The Insolvency & Bankruptcy Code, 2016 (the “Code”) consolidated the archaic insolvency laws, provided a consolidated legislation and revolutionised the insolvency regime in India.
International Trade & WTO
Sunset Reviews: Whether mandatory
24 一月 2018
Anti-dumping duty can be levied in India for a period not exceeding five years in terms of Section 9A(5) of the Customs Tariff Act, 1975.
Goods and Services Tax
Why tax liquidated damages?
22 一月 2018
Performance is the essence of a contract and hence parties to contract generally incorporate their expectation in terms of damage caused by failure of either party to perform its obligations completely or as per the agreed terms.
Direct Tax
Non-compete fee received from former employer - The argument of capital receipt
19 一月 2018
The income chargeable under the head ‘salaries’ is one of the heads of incomes which covers exhaustively, ‘payments’ made between persons in the capacity of employer and employee.
Intellectual Property Rights
Rights of author in literary work and producer of cinematograph film - Scope in context of “dubbing” and “remake”
11 一月 2018
In one of the first decisions of its kind, the Division Bench of the Hon’ble Madras High Court in the case of Thiagarajan Kumararaja v. Capital Film Works (India) Pvt. Ltd.