articles
Corporate Advisory
Holding-subsidiary loans prohibition - Respite under company law
20 一月 2015
On 2nd December, 2014, the Union Cabinet, approved the Companies (Amendment) Bill, 2014 (‘Amendment Bill’) for introduction in Parliament (Lok Sabha) to make certain amendments in the Companies Act, 2013 (‘2013 Act’). The 2013 Act was brought into force partly on 12th September, 2013
Place of Entertainment – Uncertainty prevails
14 一月 2015
With the passage of time, different technologies and standards evolve. Similarly, law cannot stand still; it must change with the changing social concepts and values [see end note 1].
International Trade & WTO
Information Technology Agreement-II – Should India join?
14 一月 2015
Recently we saw how two bilateral agreements made the existence of WTO seem more relevant, by infusing more energy in the apex trade body.
Direct Tax
Engineering, Procurement and Construction (EPC) contracts in India
24 十二月 2014
The economic growth that India witnessed in last two decades has attracted Multinational Enterprises (‘MNEs’) to increase their business presence manifold in India.
International Trade & WTO
Hearing in anti-dumping investigation – A comparative analysis
24 十二月 2014
Despite lack of procedural clarity about the conduct of oral hearings, India scores over EC, South Africa and Pakistan by requiring a compulsory hearing.
Intellectual Property Rights
Rules for determining deceptive similarity in composite marks
22 十二月 2014
A Division Bench of the Delhi High Court recently dwelt upon the rules for determining deceptive similarity and consequent trade mark infringement when the conflicting trade marks under consideration are composite marks i.e. marks comprising of more than one element.
Securities Laws
Insider Trading Regulations, 2014 – An Overview
17 十二月 2014
The malfeasance of insider trading has attracted the attention of regulators from jurisdictions across the world, especially in the light of discovery of massive frauds, both in the Indian and international capital markets. The lacunae in the Securities and Exchange Board of India
Will compliance costs actually go down with introduction of GST?
12 十二月 2014
A Goods and Services Tax (GST) is on the anvil. From the kind of discussions I see around in the media and Government circles, the only issues which are holding back its rollout is the lack of consensus on the compensation mechanism for the expected loss of some States on account of its implementation, inclusion or exclusion of specific products from scope of GST and the threshold limit.
Offshore sale transactions – A lacuna in the Indian Sales Tax regime
05 十二月 2014
The purpose of this article is to analyze the applicability of the Central Sales Tax Act, 1956 (‘CST Act’) and State VAT Acts to sales transactions that involve sale of goods to offshore locations.
Intellectual Property Rights
' Willful or deliberate suppression’ standard under Section 8 of the Patents Act
05 十二月 2014
The Division Bench of the Delhi High Court vide its recent order dated 7th November, 2014 in Maj.
Corporate Advisory
Responsibilities of independent director - A magic bullet or unnecessary appendage?
05 十二月 2014
By Devaditya Chakravarti and Varun Chablani The recently enacted Companies Act, 2013 (“Act”), has not only ushered in a new legislative framework but has also put in a place a new paradigm of corporate governance with detailed provisions as to appointment of independent directors. In the past fe
Regulatory Laws
An overview of Real Estate Investment Trusts in India
05 十二月 2014
Real estate is the second largest employer after agriculture and is slated to grow at 30% over the next decade. The Indian real estate market size is expected to touch $180 billion by 2020[see end note 1].
Direct Tax, Regulatory Laws
Doing business in India through Liaison Office
06 十一月 2014
The way Indian economy withstood global economic slowdown has made India a very alluring destination for foreign investments.
International Trade & WTO
The ‘COOL’ Dispute – Analysis and implications
06 十一月 2014
By Sarah Mary Mathew The ongoing dispute against the United States on Certain Country of Origin Labelling Requirements (COOL) was initiated in December 2008 when Canada and Mexico requested consultations with the US [see end note 1]. The dispute is presently at the implementation stage with the
Intellectual Property Rights
Use as trade mark sine qua non to claim honest concurrent use
20 十月 2014
The Bombay High Court vide its judgment dated 15th September, 2014 in ITM Trust v.
Corporate Advisory
Responsibilities of independent director - A magic bullet or unnecessary appendage?
20 十月 2014
The recently enacted Companies Act, 2013 (“Act”), has not only ushered in a new legislative framework but has also put in a place a new paradigm of corporate governance with detailed provisions as to appointment of independent directors.
International Trade & WTO
Refund of anti-dumping duty as a result of review investigation
13 十月 2014
Section 9AA [see end note 1] of the Customs Tariff Act, 1975 provides for refund of anti-dumping duty in certain cases. It provides as below:
Direct Tax
Transfer Pricing and location savings - An Indian perspective
13 十月 2014
Relocation of business from one country to another, where the labor and other costs are comparatively cheaper, results in cost saving to the Multi National Enterprise (‘MNE’) groups.
Direct Tax
Tax issues surrounding human capital movement
13 十月 2014
Globalisation has led Multinational Companies (MNCs) to increase cross border secondment of technical, managerial and other employees to their subsidiaries located in low cost jurisdictions such as India.