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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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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.

Intellectual Property Rights

Doctrine of lifting of corporate veil in trademark law

16 十一月 2016

Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it.

Input Tax Credit under GST regime – Make it seamless

15 十一月 2016

The new Goods and Services Tax (GST) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services across India.

International Trade & WTO

Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy

09 十一月 2016

Paragraph 5 of Article VI of the General Agreements on Tariffs and Trade, 1994 (hereinafter referred to as “GATT”) states that “No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing du

Corporate Advisory, Securities Laws

Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper

04 十一月 2016

Last year, the Securities and Exchange Board of India (“SEBI”) introduced the Listing Obligations and Disclosure Requirements Regulations, 2015 (“Regulations”). These Regulations were brought in to provide for a consolidated flow of disclosures

GST – A look at certain grey areas in transition provisions

24 十月 2016

The date of implementation of Goods & Services Tax (GST) is now certain and from 1st April, 2017, India will enter the new indirect tax regime bringing great deal of uniformity and robustness which will impact every business and industry.

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