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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

Application of lesser duty rule in anti-dumping investigations

14 September 2016

The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports that cause injury to the domestic industry.

Direct Tax

Tax bonanza for Telecom companies?

25 August 2016

Honourable Delhi High Court in a recent decision [see End Note No. 1] has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordinary items of i

Regulatory Laws

Real Estate (Regulation and Development) Act, 2016 – A Comment

25 August 2016

The land-population disparity heralded great demand in the real estate sector in India. This demand clubbed with the dearth of a proper vigilance mechanism ramified the real estate sector into a money minting ground.

Intellectual Property Rights

Controller overreach or common sense? - A tale of Section 83 of the Patents Act

23 August 2016

In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.

GST – Designing a compliance friendly regime

18 August 2016

India is now poised to introduce its biggest indirect taxes reform by launching the Goods and Services Tax regime.

International Trade & WTO

Causal Link Analysis: An Examination

10 August 2016

The Indian anti-dumping authorities in recent findings in sunset review investigations concerning imports of Acetone [see end note 1] and Phenol [see end note 2] recommended the discontinuation of the duty as, among other things, factors other than dumped imports from the subject country were found

Direct Tax

New Foreign Tax Credit Rules – certain grey areas

29 July 2016

Recently, the Central Board of Direct Tax (‘CBDT’) has issued a notification [see end note 1] notifying Rules [see end note 2] for granting of Foreign Tax Credit (‘FTC’) to resident taxpayers on income earned in foreign jurisdiction (hereinafter referred as ‘foreign income’).

Intellectual Property Rights

Light at the end of the tunnel for Computer-Related Inventions?

29 July 2016

In the May edition of IPR Amicus, we commented on the continued ambiguity in the examination of computer-related inventions (CRIs) by the Indian Patent Office [see end note 1].

Insolvency

Corporate Insolvency Procedure – A Comment

27 July 2016

From the Justice Eradi Committee report of 1999 to the Department of Financial Services’ indicator of October 2015, the pendency of winding-up cases in India has been piling up to reach an alarmingly high level of backlog [see end note 1].

GST – Ensuring credit without artificial fetters

26 July 2016

At the time when this article is being written, the air is thick with optimism and hope that Constitutional Amendment Bill on Goods & Services Tax (GST) will be passed by the Rajya Sabha in this monsoon session itself.

International Trade & WTO

Impact of the Brexit on trade

12 July 2016

On 23 June 2016, the United Kingdom (UK) decided by referendum to leave the European Union (EU).

GST – A turning point for India

29 June 2016

India is now poised to launch the next generation reform on the indirect tax front. Fiscal policy experts and economists have confirmed that a comprehensive and broad based consumption tax on supply of goods and services, collected at each stage of value added within the supply chain, is the best m

Regulatory Laws

Alternative Remedy for Imported Coal Price Escalation

29 June 2016

Of all the available sources of power generation like coal, nuclear, hydro, natural gas, and the renewable energy sources like solar, wind etc., coal continues to be the major and cost effective source of power generation in India,

Direct Tax

Electronic transfers into an NRE account – Income received in India?

27 June 2016

A brief critique of the judgement of Kolkata bench of the Income Tax Appellate Tribunal in the case of Tapas Kumar Bandopadhay vs DDIT [2016]70 taxmann.com50(Kolkat-Trib)

Intellectual Property Rights

A Practical Approach to Fulfilling Section 8 Requirements

21 June 2016

Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country outside India.

International Trade & WTO

EU trade defence instruments at a deadlock?

07 June 2016

The recent developments in the global steel crisis and the distinct features of the European Union (hereinafter the ‘EU’) have underlined the challenges currently faced by the EU trade policy.

Mergers & Acquisitions / PE

Amalgamation – Distinction between an instrument and instrument amounting to conveyance

31 May 2016

In its recent judgment in Chief Controlling Revenue Authority v. Reliance Industries Ltd., Bombay High Court has taken the view that stamp duty is payable on a High Court (‘HC’) order sanctioning a scheme of merger/reconstruction (‘scheme’), as an instrument of ‘conveyance’.

Direct Tax

India-Mauritius Treaty – The long awaited overhaul and its underlying consequences

26 May 2016

The Double Taxation Avoidance Agreement (‘DTAA’) entered into by India with Mauritius on 24th August, 1982 and made effective from 1st April, 1983 was the first of its kind wherein the right to tax the capital gains arising to a resident of Mauritius from transfer of shares of an Indian company was

Intellectual Property Rights

Ambiguous standard for examination of CRIs

19 May 2016

The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016.

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