articles
Securities Laws
Banning of Unregulated Deposits Schemes Ordinance, 2019
11 三月 2019
By Sudish Sharma and Vishakha Singh Indian economy in the recent times has witnessed a plethora of fraudulent corporate malpractices. The issue of illegal deposit-taking activities has been a concerning one, causing various fi
International Trade & WTO
Analysis of “Material Retardation”: A WTO jurisprudential perspective on DGTR’s recent findings
27 二月 2019
By Greetika Francis The Directorate General of Trade Remedies (DGTR) in India has had scant opportunity to address situations of injury in the form of “material retardation to the esta
Intellectual Property Rights
Punitive damages in trademark infringement suits
26 二月 2019
By R. Parthasarathy & Gunjan Hans “The disobedience or breach of an injunction has to have consequences in law. If strict action is not taken, orders of Courts would not be complied with by litigants&hellip
Goods and Services Tax
Revision of returns & forms – Need for amendments
25 二月 2019
By Nipun Arora GST is about to complete twenty months since implementation. Initially, it was expected that it will take an approximate time-period of two years for the industry to fully comprehend GST and be compliant with the provisions of GST law. Howev
Goods and Services Tax
Liability to pay interest – An interesting interpretation
25 二月 2019
By Rahul Jain & Rohan Muralidharan Under the GST regime, the rate of interest levied for failure on the part of the assessee to pay the tax within the due date is a staggering 18% as opposed to interest on delayed refunds at 6%. The issue
Direct Tax
Taxes on Online Gaming: Resolving the TDS Anagram
19 二月 2019
By Neha Sharma Online gaming combines both traditional as well as innovative games, in which players or users are engaged by the portals/ operators using technology and internet. Though online gaming and offline/ live versions have significant funct
Insolvency
Corporate Insolvency Resolution Proceedings under IBC are independent of winding-up proceeding under Companies Act, 1956
06 二月 2019
By Ankit Parhar In Forech India Ltd. v. Edelweiss Assets Reconstruction Co. Ltd.[See endnote 1], the Supreme Court has held that an Insolvency Petition may be filed against a corporate debtor irrespective of the pendency of a winding-up pet
Securities Laws
Indemnity clause in a Share Purchase Agreement
06 二月 2019
By Anurag Pareek Introduction Indemnity is the promise by one to compensate for any loss, liability or damage incurred by another due to an act or omission on the part of one or of some third person or an eve
International Trade & WTO
Manual of Operating Practices for trade remedy investigations - A step towards transparency
24 一月 2019
By Neeraj Chhabra In a significant step towards transparency, the Directorate General of Trade Remedies (“DGTR”) has recently issued Manual of Operating Practices (“manual”) for trade remedy investigations and Handbook
Direct Tax
Liaison Office as PE under India-US DTAA
21 一月 2019
By Tanmay Bhatnagar A liaison office is defined under the Foreign Exchange Regulations as a place of business, which is meant to merely act as a channel of communication between the Head Office and other entities in India. Such liaison office is not
Securities Laws
Liquidated damages in Share Purchase Agreements
17 一月 2019
By Anurag Pareek Liquidated damages (LDs) are the pre-estimated sum to be paid by way of compensation in the event of breach of a stipulated term of the contract. Share purchase Agreements (SPAs) frequently provide for LDs in the event of certain br
Regulatory Laws
Diagnosing the issues of E-pharmacies
17 一月 2019
By Ahalya Chalasanil With the increasing usage of internet, sale of most day to day things have gradually changed from traditional shops to online retail. Pharmacies are no exception to this. Though retail E-pharmacies began in Europe sixteen years
Goods and Services Tax
Treatment of value of moulds & tools in GST regime
14 一月 2019
By Astha Sinha, Nivedita Agarwal & Nirav Karia The issue of inclusion or otherwise of amortised value of tools and moulds in the supplies made by contract manufacturers and job workers has once again been raked up after the advent of
Goods and Services Tax
Inverted duty structure in exports – Perplexity in refund
14 一月 2019
By Chaitanya R. Bhatt & Saurabh Malpani The GST regime adopted by India is a uniform system which follows multi-rate tax structure due to socio-economic considerations. Such structure gives rise to a situation of “inverted
Intellectual Property Rights
Liabilities of an intermediary – The Indian perspective
10 一月 2019
By R. Parthasarathy & Godhuli Nanda Electronic commerce or e-commerce, as is commonly known, is a transaction between the buyer and the seller which takes place online i.e. the purchase-sale of goods/services and not from ph
International Trade & WTO
Rule 22 and jurisprudence: Duty margins for new shippers in case of sampling in original investigation
20 十二月 2018
By Greetika Francis Rule 22 of the Indian Anti-Dumping Rules provides that the Authority shall carry out a new shipper review to determine individual margin of dumping for a new producer or exporter if (i) the producer or exporter has not exported t
Intellectual Property Rights
Regularization of non-compliance with the Biological Diversity Act, 2002
17 十二月 2018
By Dr. Deepti Malhotra & Dr. Malathi Lakshmikumaran Biological diversity or biodiversity encompasses the entire species of plants, animals and microorganisms, including variability and their
Direct Tax
Conversion of company to LLP - Capital gains tax implications
14 十二月 2018
By Prerana Priyanshu In the past few years, the corporate landscape has witnessed de-corporatisation of many companies, perhaps, because of the regulatory burden imposed on them under the erstwhile and present company laws. With the enactment of the Limited
Goods and Services Tax
Denial of ITC for non-possession of e-way bill - An unfounded proposition
12 十二月 2018
By Nirav S. Karia & Nivedita Agarwal The Goods and Services Tax, the government’s most ambitious project and tax reform, is largely dependent on deployment of right technology and infrastructure for successful implementation. The introduction of t