articles
International Trade & WTO
Anti-dumping duty on imports of certain rubber chemicals - A Catch-22 situation for Designated Authority
26 七月 2019
Anti-dumping duty on the imports of certain rubber chemicals from China PR and Korea RP was originally recommended by the Designated Authority vide final findings dated 1st October 2008
Competition Law
Controlling price of supply down the ladder: An antitrust breakdown
24 七月 2019
By Charanya Lakshmikumaran & Puneeth Ganapathy Pricing of goods or services, by corporates, is typically a fine balance, among other factors, between the brand image and competition. To this effect, manufacturers and producers often try to contr
Goods and Services Tax
Coverage of redemption fine under Sabka Vishwas (Legacy Dispute Resolution) Scheme
23 七月 2019
After introducing the National Tax Litigation Policy to reduce the litigation from the Central Government side by prescribing monetary limits upto which the Government restricted filing of appeals before each appellate autho
Goods and Services Tax
Better late than never – A sigh of relief for real estate developers
23 七月 2019
The real estate industry has witnessed high litigation rate, considering the number of indirect taxes payable by the sector prior to GST. Prior to GST, a real estate developer was required to pay various taxes including Ser
Direct Tax
Tax Incentives for Affordable Housing: An Analysis
22 七月 2019
By Tanmay Bhatnagar In her Budget speech, the Finance Minister spoke about the Government’s goal of achieving the objective of “Housing for All” by 2022. In pursuance of the same, the Gover
Intellectual Property Rights
Contradiction & consensus: Mode of infringement of a cinematograph film
19 七月 2019
By Saksham Garg Introduction In MRF Limited v. Metro Tyres Limited,[Endnote 1] many important issues of law arose before the Delhi High Court regar
Corporate Advisory
Liquidation preference - Relevance in private companies
12 七月 2019
By Priyanshi Singhal In Indian law, manner of distribution of funds in case of liquidation or winding up is prescribed under the Companies Act, 2013 (Act) [See End Note 1] and the Insolvency and Bankruptcy Code, 2016 (Code),[S
Competition Law
Quick guide to CCI Dawn Raids
10 七月 2019
By Charanya Lakshmikumaran and Puneeth Ganapathy Officers from the investigative wing of the Competition Commission of India (‘CCI’), have been increasingly undertaking dawn raid investigations to pursue allegations of anti-competi
Goods and Services Tax
Recourse available against order passed by Appellate AAR under GST
26 六月 2019
By Nagesh Jadhav The provisions of GST law allow a person to apply for advance ruling to get specific points clarified from the Authority for Advance Ruling (“AAR”). The AAR is required to issue ruling stating the position of
Goods and Services Tax
GST 3.0 – The way forward!
26 六月 2019
By Brijesh Kothary As we enter the third year of GST implementation, the focus of GST Council appears to be shifting from rate rationalization and compliance simplification to revenue growth. There have been various representations from
Direct Tax
ALP of Depreciable Capital Asset purchased from an associated enterprise – To compute or not compute
25 六月 2019
The question of applicability of Chapter X (“transfer pricing provisions”) of Income Tax Act, 1961 (“IT Act”) with respect to issue of shares had come up in the past and in the Vodafone judgment , it was held that transfer pricing provisions kick in only when an income is charged to tax under other provisions of the IT Act.
Direct Tax
ALP of Depreciable Capital Asset purchased from an associated enterprise – To compute or not compute
25 六月 2019
By Sriram Vijayaraghavan The question of applicability of Chapter X (“transfer pricing provisions”) of Income Tax Act, 1961 (“IT Act”) with respect to issue of shares had come up in the past and in the Vodafon
International Trade & WTO
One by one, till there are none: The continuing saga of the Appellate Body
21 六月 2019
Since the WTO’s formation in 1995, the WTO’s Appellate Body has stood as a vanguard of justice to ensure a rules-based system of dispute settlement as against a power-based system that prevailed in the GATT days.
International Trade & WTO
One by one, till there are none: The continuing saga of the Appellate Body
21 六月 2019
By Jayant Raghu Ram Introduction Since the WTO’s formation in 1995, the Since the WTO’s Appellate
Intellectual Property Rights
Design protection - Mere placement of few different straps, holes or claims on certain combination of colours not enough
19 六月 2019
Intellectual Property Rights
Design protection - Mere placement of few different straps, holes or claims on certain combination of colours not enough
17 六月 2019
By Ashna Pruthi A Single Judge of the Delhi High Court vide its interim order dated May 06, 2019 in the case of Relaxo Footwears Limited v. Aqualite India Ltd. & Anr. [See Endnote 1]&n
Corporate Advisory
Whether recovery proceedings for a debt pertaining to a period prior to approval of resolution plan can be initiated against corporate debtor?
10 六月 2019
It is now a settled position that the prime objective of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is resolution or revival of the Corporate Debtor; followed by maximising the value of the assets of the Corporate Debtor; and lastly to promote entrepreneurship and availability of credit.
Corporate Advisory
Effect of an unstamped agreement containing an arbitration clause
10 六月 2019
Recently, the Supreme Court in Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd.
Corporate Advisory
Class Action Suits under Companies Law – A Reality?
10 六月 2019
The viability of class action suits under company law in India has been a cause for much debate, ever since Section 245 of the Companies Act, 2013 (“Act”) got notified on 1st June, 2016.