articles
Intellectual Property Rights
Design infringement - Liability of intermediary & Information Technology Act
23 三月 2017
The term ‘intermediary’ in legal terminology and as per the Information Technology Act, 2000 means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers..
Invoicing under GST
17 三月 2017
India’s decade long wait for a national tax on supply of goods and services that will create one of the world’s biggest single market could be almost over by July 1.
GST - Credit entitlement on free samples
17 三月 2017
In the past year our country has witnessed some bold decisions taken by the Government, one of which was passing of 101st Amendment Act to the Constitution paving the way for Goods and Services Tax Act (GST).
International Trade & WTO
AD investigations – Rate of duty for non-cooperating exporters
15 三月 2017
The recent Panel Report in Canada – Welded Pipe has reinforced the disciplines for applying “facts available” standard under the WTO Anti-dumping Agreement (AD Agreement) and has clarified the extent of analysis expected from investigating authorities while applying the standard.
Corporate Advisory, Insolvency
Winding Up – Legal position under Companies Act, 2013 vis-à-vis Insolvency and Bankruptcy Code, 2016
03 三月 2017
Prior to November 15, 2016, the term “winding-up” was neither defined under the Companies Act, 1956 (“1956 Act”) nor under the Companies Act, 2013 (“2013 Act”).
Direct Tax
Transfer of title without registration - Finance Bill 2017 addresses the dilemma
22 二月 2017
The Supreme Court in the case of Shoorji Vallabhdas reported in [1962] 46 ITR 144 (SC) held that “No doubt, the Income-tax Act takes into account two points of time at which the liability to tax is attracted, viz., the accrual of the income or its receipt; but the substance of the matter is the i
Intellectual Property Rights
Trademarks - Well-known mark associated solely with the proprietor
22 二月 2017
In December, the Delhi High Court granted permanent injunction in favour of Mother Dairy (the Plaintiff) in Mother Dairy Fruit and Vegetable versus S.K. Rahee.
Preparing for transition to GST
20 二月 2017
GST being the largest indirect tax reform in Indian tax history is on the verge of implementation. Every business, small or big, will get impacted by GST.
International Trade & WTO
Implications of facilitating trade — India and the Trade Facilitation Agreement
10 二月 2017
The Trade Facilitation Agreement (TFA) negotiations were concluded in 2013, and the Agreement is set to come into force, in terms of Article X:3 of the Marrakesh Agreement, upon domestic ratification by two-thirds of the WTO membership, i.e., by 110 members. Nepal recently became the 108th member t
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].