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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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International Trade & WTO

Beware of sharks in the water – Navigating trade in a world of sanctions

31 十月 2022

On 24 February 2022, Russian tanks and troops rolled into Ukraine, thus triggering the beginning of the ongoing conflict in Ukraine region and putting an end to the months of speculation regarding the possibility of war.

Goods and Services Tax

Essentiality Certificates under Customs and GST laws: Need for synchronization

28 十月 2022

Petroleum is an indispensable commodity for the fulfilment of daily human needs. Not only does the petroleum industry act as a nodal industry for other industries like textile, automobile etc., petroleum has deep-rooted impact on the inflation rate and economic growth of a country.

Direct Tax

A quandary of claim of foreign tax credit

27 十月 2022

The rapid infusion of digitisation into the business has made world one global market. In today’ era, the business transactions extend beyond national boundaries and the businesses are tailored to meet the needs of consumers over wider geographic areas.

Corporate

Ban on online gaming: The saga continues

20 十月 2022

The State of Tamil Nadu has recently promulgated an Ordinance Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 for the regulation of online gaming in the State. The Ordinance prohibits online gambling and playing of online games of chance with money or other stakes. The State government through a Schedule under the Ordinance has also identified ‘rummy’ and ‘poker’ as games of chance...

Intellectual Property

Recycle with care

17 十月 2022

Section 29(1) of the Trade Marks Act, 1999 (‘Act’) provides the manner in which a registered trademark may be infringed by a person not being a registered proprietor or an authorized user of the registered trademark. It states that such a person may infringe a registered trademark if, in the course of trade, the person uses an identical or deceptively similar trademark...

International Trade & WTO

Powers of Central Government in imposing trade remedial measures: Quasi-Judicial or Legislative?

30 九月 2022

Recently the Gujarat High Court in the case Real Strips v. Union of India had an occasion to decide the nature of powers exercised by the Ministry of Finance in deciding the imposition of countervailing duty. The article critically analysis the judgement of the High Court in the light of recent controversy surrounding the issue. The author analyses the issue on two metrics...

Regulatory

Draft Telecommunications Bill – An Explainer

29 九月 2022

The Department of Telecommunications has released the Draft Telecommunications Bill, which proposes a comprehensive framework governing licensing of telecommunication services, right of way, standards for public safety and national security, user safety apart from other provisions. The Bill aims to develop a future-ready legal framework that aligns telecommunication law with international standards and best practices, recognizing the importance of national, cyber security and public safety.

Goods and Services Tax

Government/ PSU procurements – Possible consequences of Supreme Court decision in Bharat Forge

27 九月 2022

Procurement by Government or Public Sector Undertakings through tenders has been subject to frequent litigations. The article discusses the recent decision of Supreme Court in Bharat Forge Limited which will have widespread implications on the whole procurement process. The Court has held that the supplier is required to enquire and thereafter arrive at a conclusion regarding the relevant HSN Code and the relevant rate of tax applicable to the item. Further, the Apex Court has directed that ...

Corporate, Mergers & Acquisitions / PE

Payment recovery mechanism against erring foreign importers

22 九月 2022

Since 1991, the opening of Indian markets during the liberalization, privatization and globalization drive in India led to a boost in international/ foreign trade. However, as is said, every coin has a flip side. With increasing globalization and international trade, the risk of non-payment/ non-realization against the exports made to the foreign importers has increased accordingly.

Intellectual Property

Applicability of the Doctrine of Equivalents in the Indian context 

21 九月 2022

With the passage of time, new technology is emerging day by day and this has resulted in a greater number of patent related disputes than ever. One of the key elements surrounding a patent dispute is the construction of the claim language, or claim construction, to determine their scope and extent of coverage.

Direct Tax

Foreign companies’ obligation to file tax return in India

19 九月 2022

One of the issues of wide interest and contemplation is whether a foreign company is liable to file a return in India when there is income accruing or arising in India but the same is not liable to tax, either because of an exemption under the Income Tax Act, 1961 or on account of the beneficial provisions of the Double Taxation Avoidance Agreements (DTAA). The article deals with various circumstances...

Intellectual Property

Indo-Pacific Economic Framework and future of cross-border data flows

16 九月 2022

India, 13 (thirteen) other Asian countries and the United States are part of an Indo-Pacific Economic Framework (IPEF) which share a commitment to free, open, fair and a prosperous Indo-Pacific that has the potential to achieve sustained and inclusive economic growth.

Competition and Antitrust

“To Deal or Not to Deal is the real question” - Vertical Restraints in the FMCG Sector

31 八月 2022

One of the objectives of the Competition Act, 2002 (“Act”) is to ensure that all market participants enjoy freedom of trade, allowing them to freely decide their choice of business, their modus operandi, and take other commercial decisions.

International Trade & WTO

Reference-price based anti-dumping duty: The Indian perspective

29 八月 2022

Anti-dumping investigations are conducted to determine the existence of dumping which causes injury to the domestic industry in the investigating country. In simple language, dumping is the act of exporting the product at a price lower than the price at which the said product is sold in the domestic market of the exporting country, thus causing injury to domestic producers in the importing country.

Goods and Services Tax

New Rule 88B providing for manner of calculating interest – Susceptible to challenge?

25 八月 2022

Due to periodical amendments, the provisions relating to levy of interest under GST has been the subject matter of varied interpretations. The issue concerning payment of interest on the gross/net tax liability in case of delayed payment of taxes was the subject matter for our article published in Tax Amicus (May 2022/Issue 131).

Regulatory

Advent of a new-era Digital India Act – Key aspects to look out

23 八月 2022

The Government is in the process of drafting a ‘Digital India Act’ which is slated to replace the Information Technology Act, 2000 and propose a comprehensive framework for IT, regulation of social media platforms, streaming platforms, govern use and deployment of new technologies and introduce certain other provisions. The article highlights the focal points of this regulation and provides some thoughts on each of those aspects.

Commercial litigation

Supreme Court clarifies on assessment of amalgamated entities

22 八月 2022

The article examines the rationale and thrust of a recent Supreme Court decision in the case of Mahagun Realtors (P) Ltd., wherein the Apex Court has clarified that an amalgamation would not per se invalidate an assessment order issued in the name of the transferor company. Discussing the facts of the case, the authors elaborate on the findings of the Court that notice issued in name of amalgamated entity is not always fatal to the proceedings

Direct Tax

Violation of Section 13 of the Income Tax Act – Denial of entire exemption vs. partial exemption

19 八月 2022

The Income Tax Act, 1961 (‘IT Act’) provides for various benefits for trusts which are established for charitable or religious purposes and registered under the IT Act. Sections 11 and 12 of the IT Act are the substantive provisions for exemptions available to religious and charitable trusts.

Intellectual Property

Trademark squatting – Jurisdictional perspectives

18 八月 2022

The ‘Doctrine of Territoriality’, accords protection to a trademark within the territory of the state where it has been registered or used. In simpler words, it means that a trademark shall be protected against any unauthorized use by any person within the country where it has been registered, used, or is known to the public.

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