articles
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.
Regulatory Laws
Aiming greater transparency on sale of packaged commodity online
03 一月 2018
The e-commerce sector has witnessed a phenomenal growth in the past few years resulting in the Central Government hightailing numerous legislative actions, initiatives and policies to regulate e-commerce companies. The Government vi
Corporate Advisory
Condonation of Delay Scheme, 2018
03 一月 2018
Statutorily, Companies are required to file their annual financial statements and annual returns with the Registrar of Companies of their respective jurisdictions (“RoC”) in the forms as prescribed and rolled out by Ministry of Corporate Affairs (“MCA”) from time to time.
International Trade & WTO
DGAD sets straight the procedures regarding Sunset Reviews
02 一月 2018
In the summer of 2017, the Supreme Court delivered a judgment that dealt with sunset reviews of anti-dumping duty.
Treatment of vouchers under GST law
28 十二月 2017
With the increasing trend of electronic commerce, adoption of prepaid vouchers and gift cards has reached new heights. Vouchers are instruments which are redeemable on its face value against supply of goods or services.
Direct Tax
Guarantee Fee – No interest on lending credit-worthiness
26 十二月 2017
The payments relating to debt claims, service fee or other charge, could be characterized as interest provided there is privity of such contract.’
Intellectual Property Rights
Scope of Section 3(h) of the Patents Act, 1970 - An analysis
26 十二月 2017
Chapter II of the Indian Patents Act, 1970 (hereinafter the “Act”) enlists Inventions not patentable. Section 3(h) of the Act mandates that “a method of agriculture or horticulture” as non-patentable subject matter.
Regulatory Laws
Luck Factor - An analysis of changes in Gaming Law
05 十二月 2017
In today’s world, there is no sector or industry which does not marginally, if not entirely, depend on technology for its business purposes. This has shrunk the physical world and enlarged the virtual space, increasingly so in the field of gaming, thereby changing its rules.
Refund of accumulated input tax credit – Certain unresolved issues
30 十一月 2017
The landmark tax reform of Goods and Services Tax (GST) as introduced from 1st July, 2017, is nearing completion of 5 months. The GST Council has conducted 23 meetings with continuous effort of making GST robust.
Intellectual Property Rights
Section 59 of the Patents Act, 1970 – Scope of amendments
30 十一月 2017
Amendments of patent applications may involve amending any portion of either the complete specification, or any information pertaining to such patent application. Such amendments may be made at any time during a life cycle of a patent application.
Direct Tax
Section 40(a)(ii) and taxes paid abroad - A discussion
29 十一月 2017
As per section 5 of the Income Tax Act 1961 (the Act) practically all of a resident assessee’s world income enters his total income.
International Trade & WTO
The upcoming WTO Ministerial Conference: What to expect for India
27 十一月 2017
Every two years the 164 Members of the Word Trade Organization (“WTO”) gather in a Ministerial Conference to give political direction to the world trade body and negotiate new instruments to better regulate international trade.
Banking & Finance, Regulatory Laws
Key changes in 2017 FDI Policy for single brand retail trading sector
02 十一月 2017
Foreign Direct Investment (“FDI”) upto 100 percent is allowed in single brand retail trade (“SBRT”) sector. FDI upto 49 percent is allowed under the automatic route and FDI in excess of 49 percent requires prior government approval. In addition,
Corporate Advisory
Restriction on number of layers on companies
02 十一月 2017
The Ministry of Corporate Affairs (MCA) vide Notification S.O. 3086(E), dated September 20, 2017 notified proviso to Section 2(87) of Companies Act, 2013 (Act). The notified clause provides for the definition of ‘Subsidiary company’ and specifies that such classes of holding companies,
Ocean Freight under GST – A Sea Change
30 十月 2017
In the landmark decision of Govind Saran Ganga Saran v. Commissioner of Sales Tax [1985 AIR1041].