articles
International Trade & WTO
Labour standards and international trade – Some issues
08 十月 2013
In July 2013 United States of America withdrew trade benefits available to Bangladesh, one of the least developed countries, under the Generalised System of Preferences (GSP) quoting lack of worker security and workers’ rights in Bangladesh.
Corporate Advisory
Companies Act 2013 – New Dimensions
24 九月 2013
The Companies Bill 2012, tabled in the Indian Parliament in 2011 was passed by the Lok Sabha on December 18, 2012 and thereafter by the Rajya Sabha on August 8, 2013. The Bill received the assent of the President on August 29, 2013 and was notified in the Official Gazette on August 30, 2013.
Intellectual Property Rights
Working of patents in India
17 九月 2013
Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to as the Act.
Corporate Advisory
Doctrine of attribution in corporate criminal liability
17 九月 2013
The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees while conducting business has gained importance in criminal law jurisprudence while being subject to debate
Goods and Services Tax
Availability of Cenvat Credit on partially paid invoices
16 九月 2013
Prior to 2011-12 [see end note 1] service tax was payable on receipt basis in the calendar month or quarter, depending on the class of the assessee, immediately following the calendar month or quarter in which the payments are received towards the value of taxable services.
Regulatory Laws
Industrial/ Institutional Consumers – Complicating the uncomplicated
13 八月 2013
The great Chinese philosopher Kong Qiu, famously known as Confucius, once said - “Life is really simple, but we insist on making it complicated”.
International Trade & WTO
Anti-dumping and countervailing duties – India and US Practice
29 七月 2013
India follows a prospective method of Anti-dumping Duty (AD) and Countervailing Duty (CVD) imposition whereas the United States has adopted a retrospective method.
Intellectual Property Rights
Bar on mathematical methods under Indian Patents Act
29 七月 2013
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows.
Regulatory Laws
Land Acquisition Bill, 2011 – A comparative analysis with the Act
29 七月 2013
The Land Acquisition Bill 2011 proposes a change in the definition of “public purpose”, which is a fundamental concept in land acquisition. Presently the definition of public purpose under the Land Acquisition Act, 1894 includes provision of village sites or the extension, planned development or improvement of existing village sites;
Direct Tax
Tax planning in letter and spirit
25 七月 2013
The media, in recent months, has been focussing extensively on tax planning, tax avoidance and aggressive tax planning.
Goods and Services Tax
Facilitation of cross-border services - Imprecision in the POPS Rules
25 七月 2013
International transactions involving provision of services now revolve around the concept of place of provision of service.
Intellectual Property Rights
Protecting property rights through common law remedies
24 六月 2013
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property.
Corporate Advisory
Squeeze out clause – A perspective
24 六月 2013
‘Squeeze Out’ provisions in the Companies Act, 1956 enable the majority shareholder holding above a prescribed threshold limit to “squeeze-out” the minority shareholders and acquire the entire shareholding in a company.
Goods and Services Tax
Refund of Cenvat credit on services under reverse charge mechanism
14 六月 2013
It is been almost a year since the negative list of services based regime for levy of Service Tax under the Finance Act, 1994 (in short ‘the Act’) was introduced.
International Trade & WTO
Export promotion programmes and SCM Agreement – Has the countdown begun?
21 五月 2013
Article 3 of the WTO SCM Agreement provides for two types of subsidies which are considered as prohibited subsidies, namely (i) export contingent and (ii) import substitution.
Intellectual Property Rights
Patent of addition
21 五月 2013
After arriving at an invention, it is often the case that there is an improvement or modification of the invention.
Regulatory Laws
RBI revises banking license guidelines
21 五月 2013
The banking system in India has been constantly evolving with the government and the Reserve Bank of India (the RBI) making changes in the banking policies, as and when required. The RBI grants licenses to entities proposing to establish new banks and enter the industry, and also governs terms of the same.
Goods and Services Tax
Export of services under the new regime of Service Tax
14 五月 2013
As we approach the second year in the negative list based regime in service tax, there are many issues which have not been comprehended yet.
Intellectual Property Rights
Post-dating of patent applications and its implications
14 五月 2013
Post-dating means to change the priority date of a patent application to a later date.