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Articles

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

articles

Corporate, Mergers & Acquisitions / PE

Streamlining Fast Track Mergers with Budget 2025

06 October 2025

The article discusses the amendments made by the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2025 in Rule 25 of the CAA Rules, 2016, which are effective from 4 September 2025. The changes rationalise the process of Fast Track Mergers in line with the Union Budget 2025.

Economic Offences

Guide to investigation, adjudication and appeal under Indian Foreign Exchange Law

01 October 2025

With the enactment of the Foreign Exchange Management Act, 1999, India had advanced towards a more liberalized regime for management of foreign exchange. The law was changed from regulation and control to management of foreign exchange by decriminalizing the violations.

Customs

Customs Tariff classification v. Origin compliance – Does one prevail over the other to avail FTA Benefits?

30 September 2025

The article discusses the recent decision of Hon’ble Supreme Court in the case of LG Electronics India, which held that origin compliance in case of FTAs takes precedence and is of supreme importance. The decision cleared the path for importers intending to avail the benefit of FTAs.

Goods and Services Tax

Self-Assessed or Self-Trapped? The reach of Section 75(12)

29 September 2025

The article discusses Section 75(12) of the CGST Act which encompasses a recovery mechanism by permitting the department authorities to bypass the adjudication process in respect of cases where the assessee has already self-assessed the tax liability but has failed to discharge the corresponding liability.

Intellectual Property

Patenting antibodies of the future – De novo designed antibodies

25 September 2025

The article focuses on de novo antibody design. These antibodies are fully developed and selected by AI against specific targets or epitopes while also addressing critical factors like affinity, cross-reactivity, and developability.

Goods and Services Tax

Taxability of post sale discounts: Recent changes – Certainty, confusion and calls for reform

24 September 2025

The article discusses recent changes in the tax treatment of post-sale discounts following the GST 2.0 reforms. It highlights the certain proposed amendments to the legislation governing discounts, and discusses the certainty, confusion, and what are the calls for reform.

Direct Tax

When Judges disagree: The Shelf Drilling case and the road ahead

23 September 2025

The article discusses the differing interpretations sought to be given by the Income-tax Department and the taxpayers to the provisions of Sections 144C and 153 of the Income Tax Act.

Corporate, Mergers & Acquisitions / PE

Fully diluted ownership: Beyond issued equity shares

23 September 2025

The article states that calculating shareholding on a fully diluted basis presents a more nuanced and comprehensive understanding of a company’s ownership structure, however, its application depends on the specific circumstances and contractual understanding between the parties.

Corporate

Revision of MRP post GST 2.0 Reforms: MRP labelling norms for FMCG and Pharma sectors

22 September 2025

In response to the recent Goods and Services Tax (‘GST’) 2.0 reforms, the government has issued important clarifications to guide stakeholders on pricing compliance for pre-packaged commodities and pharmaceutical products. In the event of future changes in taxes such as GST or customs duties, stakeholders can expect similar compliance procedures to apply.

Goods and Services Tax

To litigate or to settle: Another challenge for taxpayers under West Bengal Entry Tax

18 September 2025

The article discusses the challenge for taxpayers under West Bengal Entry Tax.

Regulatory

AI in Enterprise - Strategy, Risk, and Governance

16 September 2025

Artificial Intelligence is no longer a futuristic concept for enterprises - it’s here now, promising improvements in efficiency, insights, and innovation.

Regulatory

Top 10 Things to Keep in Mind while Implementing AI in Enterprise

16 September 2025

Implementing AI at scale can be complex. Here are the top ten considerations enterprises should keep front-of-mind to improve the chances of a successful and sustainable AI adoption

Regulatory

Risks with Data in AI Implementation

16 September 2025

Data is the lifeblood of AI, but it’s also the source of some of the biggest risks in AI initiatives. Understanding these data-centric risks is crucial for General Counsels and business leaders to prevent legal pitfalls and project failures

Regulatory

Buying vs. Building AI Solutions

16 September 2025

Enterprises face a pivotal choice when adopting artificial intelligence: buying a ready-made solution from a vendor or building a custom AI system in-house. Beyond cost and time-to-market implications, this decision carries significant legal, data privacy, and cybersecurity considerations.

Regulatory

Legal and Financial Frameworks to Adopt for AI Risk Mitigation

16 September 2025

Implementing AI carries not just technical and ethical challenges, but also legal and financial risks. It’s crucial for organizations to proactively address these through proper frameworks. Below are key elements to consider

Regulatory

Salient Features Your AI Usage Policy Should Have

16 September 2025

An AI usage policy (or AI acceptable use policy) is a document that guides how employees and the organization will utilize AI tools and systems. It acts as a bridge between high-level governance principles and on-the-ground practice.

Regulatory

Acts and Laws to Keep in Mind Before Implementing AI

16 September 2025

The regulatory environment for AI is dynamic and varies by jurisdiction. Enterprises must navigate a combination of existing laws that apply to AI and new AI-specific regulations. Here are the key legal frameworks to consider

Regulatory

How Can Law Firms like LKS Help You in AI Implementation?

16 September 2025

Implementing AI in an enterprise is as much a legal and governance challenge as it is a technical one. Lakshmikumaran & Sridharan (LKS), as a leading full-service law firm in India with a keen focus on technology and innovation, is well-positioned to be your partner in this journey. Here’s how we can help

International Trade & WTO

Concept of ‘unforeseen developments’ in Safeguard law: A continuing requirement or a fading test?

15 September 2025

he article discusses the issue as to whether the WTO members remain obliged to demonstrate ‘unforeseen developments’ in order to invoke safeguard measures as per Article XIX of the General Agreement on Tariffs and Trade 1947, or whether the omission of this phrase from the WTO’s Agreement on Safeguards has effectively displaced this obligation.

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