articles
International Trade & WTO
Rule 22 and jurisprudence: Duty margins for new shippers in case of sampling in original investigation
20 十二月 2018
By Greetika Francis Rule 22 of the Indian Anti-Dumping Rules provides that the Authority shall carry out a new shipper review to determine individual margin of dumping for a new producer or exporter if (i) the producer or exporter has not exported t
Intellectual Property Rights
Regularization of non-compliance with the Biological Diversity Act, 2002
17 十二月 2018
By Dr. Deepti Malhotra & Dr. Malathi Lakshmikumaran Biological diversity or biodiversity encompasses the entire species of plants, animals and microorganisms, including variability and their
Direct Tax
Conversion of company to LLP - Capital gains tax implications
14 十二月 2018
By Prerana Priyanshu In the past few years, the corporate landscape has witnessed de-corporatisation of many companies, perhaps, because of the regulatory burden imposed on them under the erstwhile and present company laws. With the enactment of the Limited
Goods and Services Tax
Denial of ITC for non-possession of e-way bill - An unfounded proposition
12 十二月 2018
By Nirav S. Karia & Nivedita Agarwal The Goods and Services Tax, the government’s most ambitious project and tax reform, is largely dependent on deployment of right technology and infrastructure for successful implementation. The introduction of t
Goods and Services Tax
Liaison office in India – The GST connection
12 十二月 2018
By Nirali Akhani A foreign company/ investor intending to expand business in India can do so by opening a branch office, project office, etc., or by establishing a liaison office in India among various other options. However, if the foreign company/investor
Regulatory Laws
Adding teeth to the corruption law in India
10 十二月 2018
By Akshita Alok In February 2018, the Corruption Perception Index 2017 rankings were revealed, which ranked India at #81 amongst a group of hundred and eighty countries. This ranking in the year 2016 was at #79 for India, albeit the scores in both the years
Regulatory Laws
Dawn of the regulatory regime for Over-The-Top services
10 十二月 2018
By Prashant Phillips Introduction The Telecom Regulatory Authority of India (TRAI) had recently released a consultation paper on regulatory framework for Over-the-Top (OTT) Communication Services. The ever-incr
Direct Tax
Privity of contract and locus with a source of income – A test of diversion by overriding title
27 十一月 2018
By Prachi Goel & Saurav Sood The manufacturing business can be undertaken either on own account or by way of a job work. In case the job work is chosen as an option, the manufacturer absolves itself from the whole or any part of
Goods and Services Tax
Reversal of credit on write-off under GST – Open issues
27 十一月 2018
By Nirav S. Karia & Nivedita Agarwal “Haste is of the devil” is a phrase that applies aptly to drafting of new legislations in haste which usually gives way to misinterpretation, lack of clarity, and challeng
Regulatory Laws
Virtual Currency: State of pandemonium continues
26 十一月 2018
By Neeraj Dubey In 2017, the Reserve Bank of India (“RBI”), India’s central bank, published a “Working Group Report on FinTech and Digital Banking” that discussed the need to have a monitoring framework for new te
International Trade & WTO
Indonesia - Iron or Steel Safeguards: Metallurgic jurisprudence on definition of a "Safeguard Measure"
23 十一月 2018
By Bhargav Mansatta and Jayant Raghu Ram Introduction The Agreement on Safeguards (SGA) details the substantive and procedural provisions concerning the imposition of a safeguard measure. How
Intellectual Property Rights
Scope of Section 3(i): An analysis on diagnostic methods of treatment
21 十一月 2018
By Dr. Deepti Malhotra and Dr. Malathi Lakshmikumaran TRIPS and methods of treatment Patentability of methods of treatment is a contested subject mat
International Trade & WTO
Respite for Indian domestic industry: “Negative” final findings of Designated Authority appealable
24 十月 2018
In an anti-dumping investigation, the Designated Authority may or may not recommend imposition of anti-dumping duties and where such recommendation is “positive”, the Ministry of Finance makes a policy decision regarding the same and issues customs notification where duty is to be imposed.
Goods and Services Tax
TDS under GST law – Certain issues
22 十月 2018
Ever since Goods and Service Tax (GST) has been implemented, it has really kept the taxman as well as the implementers along with the taxpayers on their toes.
Insolvency
Supreme Court ruling in ArcelorMittal case – An analysis
12 十月 2018
The Supreme Court on 4-10-2018 allowed yet another opportunity to mining major ArcelorMittal and Russia’s VTB Capital-backed NuMetal to bid for Essar Steel provided they clear their Non-Performing Asset (NPA) dues in two weeks. The bench comprising Justice R. F. Nariman and Justice Indu Malhotra, has also taken this opportunity to interpret and clarify Section 29A of the Insolvency and Bankruptcy Code, 2016. However, the Essar saga is far from over.
Corporate Advisory, Regulatory Laws
Data Principal and Data Fiduciary in the Personal Data Protection Bill, 2018
12 十月 2018
The Chilean Constitution was amended on 16th June, 2018 to establish that protection of personal data is a constitutional right. Prior to this, other Latin American countries like Colombia, Mexico and Ecuador have already included the right to protection of personal data
Corporate Advisory, Insolvency
Cross Border Insolvency – An analysis of the draft chapter
12 十月 2018
In the last few years, India’s banking sector has been fraught with an alarming number of non-performing assets. To this end, the Insolvency and Bankruptcy Code of 2016 (Code) strives to resolve the problem by allowing creditors to recover their dues and appropriately deal with loan defaulters. Akin to insolvency, its cross-border variant is one where the insolvent debtor has assets in more than one jurisdiction.
Intellectual Property Rights
Foreign filing license - Some issues
11 十月 2018
Any person (inventor or applicant) who is an Indian resident, may wish to file a patent application (an application) in foreign countries due to various reasons, such as market potential, licensing opportunities, or other business policies. In such cases, the person may choose to either first file the application in India or obtain a foreign filing permission from the Indian Patent Office.
Intellectual Property Rights
White Paper on Data Protection and Privacy
11 十月 2018
The Government of India constituted a Committee of Experts on July 31st, 2017 under the Chairmanship of former Supreme Court justice B.N. Srikrishna with the objective to identify and study the key issues relating to data protection in India and make specific suggestions on principles to be considered for data protection in India and suggest a draft Data Protection Bill.