articles
Regulatory Laws
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 – A Comment
17 三月 2016
The justice delivery system of our country can be excruciatingly slow. In commercial disputes, time is of the essence and delays can derail the entire remedy and relief and undermines business confidence in Indians as well as those interested in investing in India.
International Trade & WTO
RTI Act & disclosure of information in anti-dumping investigations
11 三月 2016
Access to information is a cornerstone in any administrative or quasi-judicial proceeding and non-availability of the relied upon documents to the affected parties have been condemned for long by the highest Court of this country.
Direct Tax
Artificial computation provisions – Unintended cross roads with anti-avoidance rules
27 二月 2016
In the law of Income-tax, the main principles are fairly simple – the whole difficulty arise in their application. The first question, what is income, is a dark cat in the bag of the income-tax code [See End Note 1].
Regulatory Laws
Conciliation for settling family disputes
27 二月 2016
Globally, alternative dispute resolution is slowly, but steadily becoming the preferred mode for settling disputes. Many corporates including large business conglomerates are seriously evaluating the merits of mediation and conciliatory procedures to avoid lengthy,
Intellectual Property Rights
Obviousness - Different standards for Opposition and Revocation?
22 二月 2016
Patents are not just instruments of private commercial utilisation but also have an impact on public policy. They are thus, governed by a system which allows for challenge to the validity of a patent at different stages.
Determining character of ‘manufacture’
19 二月 2016
Budget 2016 is just around the corner and despite the fact that the ‘seamless’ tax regime of GST passes through political rough weather, the government is intent on implementing it from next fiscal.
Regulatory Laws
Start-up India plan: accelerating start-up movement
09 二月 2016
The Start-up India initiative of the Government of India (“GOI”) was announced on January 16, 2016 with the aim to empower start-ups to grow through innovation and design. This initiative strives to build a strong eco-system for nurturing innovation and start-ups
International Trade & WTO
Market economy status to China – Debate continues
08 二月 2016
The EU Commission recently held a debate on the sensitive issue of granting ‘market economy status’ to China. Considering China’s Accession Protocol, it may be noted that the final decision will have to be made by the European Parliament and EU Member States later this year.
Intellectual Property Rights
The curious case of patent infringement CTR v. Sergi
28 一月 2016
This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.
Direct Tax
Draft guidelines for determination of PoEM - A incongruous note to an intended harmonious provision?
22 一月 2016
Section 6(3) of the Income Tax Act, 1961 (‘Act’) has been amended vide Finance Act, 2015 to introduce the concept of Place of Effective Management (‘PoEM’) to determine residential status of companies. Memorandum to Finance Bill, 2015 provided that the amendment has been brought to align the provisi
Regulatory Laws
Wishlist 2016 for Real Estate Sector in India
22 一月 2016
Agricultural land in the rural areas and real estate in cities has always been a stable rock for economies and investors since time immemorial across the world. Warren Buffet in his annual letter to shareholders about investing in real estate in 2014 said “Whatever the chatter,
‘Place of removal’ – The debate continues
20 一月 2016
Central Excise law, after six decades of its existence, is expected to yield its place to the Goods & Service Tax (GST) shortly but it continues to evolve even today.
International Trade & WTO
Initiation of investigation: Issue of cumulation
11 一月 2016
Article 5 of WTO:ADA provides for initiation and subsequent investigation. Clause (ii) of Article 5.2 provides that the application shall contain the information relating to the names of the country or countries of origin or export in question
Resolving disputes the ‘Ordinance’ way
28 十二月 2015
The Arbitration and Conciliation Act of 1996 (‘the 1996 Act’) was an improvement on the Arbitration Act 1940 but did not manage to put an end to the long & dreary litigation tunnels for the disputing parties with a little help from the highest court of our land.
Arbitration Ordinance, 2015 – ‘Public Policy’ defined
28 十二月 2015
In order to facilitate the ease of doing business, the Government of India (‘Government’), intends to overhaul the regulations governing business by abolishing many outdated laws and making extensive changes to the existing ones to allow companies to concentrate on their business and profits.
Intellectual Property Rights
Divided on divisional patents
24 十二月 2015
Divisional patent applications refer to such patent applications which have been divided out from a first filed patent application, also called a parent application.
Swachh Bharat Cess – Certain issues
23 十二月 2015
Swachh Bharat Cess (“SBC”) proposed at the “rate of 2% on all or any services” in Budget Speech on 28th February 2015, was notified vide Notification No.
Direct Tax
Situs of IP for taxing rights
21 十二月 2015
The penetration of digitalization in every sector of the economy is a challenge from taxation perspective.
International Trade & WTO
Countervailing duty laws in India
11 十二月 2015
India has finally opened its account by concluding its first Countervailing Duty (“CVD”) investigation with the issuance of the final findings [see end note 1] in the CVD investigation concerning “Castings for Wind Operated Electricity Generators” from China PR.