articles
Direct Tax
Do taxes cloud the novelty of SARs?
15 十月 2016
Conceptually different from the Employee Stock Option Plan a.k.a ESOP, a household term in India, Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an organisation by granting them the right to benefit from any appreciation in the value of the common stock (
Intellectual Property Rights
Trade-dress Infringement - It’s all about the looks
15 十月 2016
The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours.
International Trade & WTO
Targeted dumping: An examination
12 十月 2016
Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping.
A primer on e-commerce business and related laws in India
30 九月 2016
E-commerce, in recent times, has mushroomed and has now touched all forms of business transactions in the country. Due to the ease, safety, security and convenience provided by electronic payment systems, E-wallets or mobile wallets have taken over the traditional system of payments.
GST – A look at draft rules on registration and invoices
29 九月 2016
India is on the expressway in implementing the biggest reform ever in its indirect tax system. Till July, possibility of implementation of Goods & Services Tax (GST) was perceived as riddled with uncertainty but the Indian political parties have come together and ensured that the Indian Constitutio
Direct Tax
Spending less than ALP can also have adverse implication
27 九月 2016
A person resident of India under the Income-tax Act, 1961 (‘the IT Act’) is liable to tax in India on his global income [see end note 1].
Intellectual Property Rights
Internet broadcasting companies to come within the ambit of statutory licensing
26 九月 2016
This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act.
International Trade & WTO
Application of lesser duty rule in anti-dumping investigations
14 九月 2016
The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports that cause injury to the domestic industry.
Direct Tax
Tax bonanza for Telecom companies?
25 八月 2016
Honourable Delhi High Court in a recent decision [see End Note No. 1] has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordinary items of i
Regulatory Laws
Real Estate (Regulation and Development) Act, 2016 – A Comment
25 八月 2016
The land-population disparity heralded great demand in the real estate sector in India. This demand clubbed with the dearth of a proper vigilance mechanism ramified the real estate sector into a money minting ground.
Intellectual Property Rights
Controller overreach or common sense? - A tale of Section 83 of the Patents Act
23 八月 2016
In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.
GST – Designing a compliance friendly regime
18 八月 2016
India is now poised to introduce its biggest indirect taxes reform by launching the Goods and Services Tax regime.
International Trade & WTO
Causal Link Analysis: An Examination
10 八月 2016
The Indian anti-dumping authorities in recent findings in sunset review investigations concerning imports of Acetone [see end note 1] and Phenol [see end note 2] recommended the discontinuation of the duty as, among other things, factors other than dumped imports from the subject country were found
Direct Tax
New Foreign Tax Credit Rules – certain grey areas
29 七月 2016
Recently, the Central Board of Direct Tax (‘CBDT’) has issued a notification [see end note 1] notifying Rules [see end note 2] for granting of Foreign Tax Credit (‘FTC’) to resident taxpayers on income earned in foreign jurisdiction (hereinafter referred as ‘foreign income’).
Intellectual Property Rights
Light at the end of the tunnel for Computer-Related Inventions?
29 七月 2016
In the May edition of IPR Amicus, we commented on the continued ambiguity in the examination of computer-related inventions (CRIs) by the Indian Patent Office [see end note 1].
Insolvency
Corporate Insolvency Procedure – A Comment
27 七月 2016
From the Justice Eradi Committee report of 1999 to the Department of Financial Services’ indicator of October 2015, the pendency of winding-up cases in India has been piling up to reach an alarmingly high level of backlog [see end note 1].
GST – Ensuring credit without artificial fetters
26 七月 2016
At the time when this article is being written, the air is thick with optimism and hope that Constitutional Amendment Bill on Goods & Services Tax (GST) will be passed by the Rajya Sabha in this monsoon session itself.
International Trade & WTO
Impact of the Brexit on trade
12 七月 2016
On 23 June 2016, the United Kingdom (UK) decided by referendum to leave the European Union (EU).
GST – A turning point for India
29 六月 2016
India is now poised to launch the next generation reform on the indirect tax front. Fiscal policy experts and economists have confirmed that a comprehensive and broad based consumption tax on supply of goods and services, collected at each stage of value added within the supply chain, is the best m