articles
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.
Direct Tax
Valuation of asset - A tax riddle faced by real estate firms
29 九月 2014
When a partnership firm is formed for carrying on real estate business and a partner contributes land or building therein then the tax consequence of contribution of such land or building becomes a tricky issue.
Intellectual Property Rights
Trademark battle over the word “PINK”
24 九月 2014
The Chancery Division of the Community Trade Mark Court recently decided [see end note 1] against Victoria's Secret UK Ltd.
Banking & Finance, Mergers & Acquisitions / PE, Regulatory Laws
Recent FDI reforms in India
16 九月 2014
Foreign funding is important to bridge the huge fund gap of investment in infrastructure in India, which in turn will spur economic growth. According to a recent report, the inflow of foreign direct investment (“FDI”) was US $ 28 billion in 2013, an increase of 17% over the previous year.
Incentive by State Government is disincentive to excise assessees
15 九月 2014
The Supreme Court in Super Synotex [see end note1] case had considered the Sales Tax Incentive Scheme extended by State of Rajasthan.
International Trade & WTO
Emerging jurisprudence in export restraint measures in trade
15 九月 2014
Export restraints generally refer to measures imposed by an exporting country on the export of certain goods which may take the form of export quotas, duties, and licensing or minimum price requirements.
Direct Tax
TDS default on payments made to non-residents – Disallowance @ 30%?
22 八月 2014
Tax reforms can play a decisive role in supporting growth, by removing distortions, enhancing transparency and ensuring certain level of stability in the area of international taxation.
Intellectual Property Rights
Compulsory license – High Court upholds IPAB Order
22 八月 2014
The Division Bench of the Bombay High Court by its recent order [see end note 1] dated 15th July, 2014 upheld the order of the Intellectual Property Appellate Board (IPAB) [see end note 2] dated 4th March, 2013 granting a compulsory license to Natco Pharmaceuticals (Natco) under Section 84 of the Patents Act, 1970 (the Act).