articles
Insolvency
Whether recovery proceedings for a debt pertaining to a period prior to approval of resolution plan can be initiated against corporate debtor?
06 June 2019
By Ankit Parhar It is now a settled position that the prime objective of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is resolution or revival of the Corporate Debtor; followed by maximising the value of the assets of the Corporate D
Corporate Advisory
Issuance of shares with differential voting rights
04 June 2019
The recent trend in the area of corporate laws has led to the emergence of various investments tools with multiple ways and options to retain control in the company.
ITC reversal on sale of used capital goods
29 May 2019
GST law is moving towards its second anniversary and yet the so called simple tax does not seem to have settled down much.
Direct Tax
Director’s liability under the Income tax law – An insight
28 May 2019
It may be enticing to hold a directorship position in a corporate house. However, should the roofs descend someday, it becomes equally undesirable.
International Trade & WTO
Consequence of non-participation by India in CVD investigations conducted by USA
28 May 2019
Government of the exporting country is an interested party in a countervailing duty investigation.
Intellectual Property Rights
Delhi High Court affirms that “export” is covered under Section 107A of Patents Act
24 May 2019
A Division Bench of the Delhi High Court in its recent order dated April 22, 2019 affirmed the decision of the Single Judge of the same court interpreting Section 107A of the Patents Act, 1970 (Act).
Intellectual Property Rights
Delhi High Court affirms that “export” is covered under Section 107A of Patents Act
24 May 2019
By Vindhya S. Mani. A Division Bench of the Delhi High Court in its recent order[See Endnote 1] dated April 22, 2019
Direct Tax
Director’s liability under the Income tax law – An insight
20 May 2019
By Bharathi Krishnaprasad It may be enticing to hold a directorship position in a corporate house. However, should the roofs descend someday, it becomes eq
International Trade & WTO
Consequence of non-participation by India in CVD investigations conducted by USA
20 May 2019
By Bhargav Mansatta Government of the exporting country is an interested party in a countervailing duty investigation. Apart from exporters of the subject product, Government of the exporting country is also required to file response to the question
Goods and Services Tax
ITC reversal on sale of used capital goods
16 May 2019
By Tushar Mittal GST law is moving towards its second anniversary and yet the so called simple tax does not seem to have settled down much. Every other day some new issues also arise which more often leave the
Securities Laws
Issuance of shares with differential voting rights
06 May 2019
By Tanushree Pande Introduction The recent trend in the area of corporate laws has led to the emergence of various investments tools with multiple ways a
Arbitration
Supreme Court restates law vis-à-vis an arbitrator’s power to grant interest
06 May 2019
By Ankit Parhar The Hon'ble Supreme Court has recently restated the law vis-à-vis an Arbitrator’s power to grant interest under the Arbitration and Conciliation Act, 1996 (‘1996 Act&r
Intellectual Property Rights
Dynamic injunction against ‘rogue websites’ in UTV case- Balanced remedy or excessive enforcement?
30 April 2019
By Sudarshan Shekhawat In a judgement [see endnote. 1] delivered on April 10, the Delhi High Court has granted a ‘dynamic’ blocking injunction against certain websites publishing p
Goods and Services Tax
Expenses incurred on CSR - Not so GST friendly?
24 April 2019
By Koushal Sonthalia One of the major advantages under the GST regime is the unlocking of tax credits, a lot of which was not available in the erstwhile Indirect tax regime. While the earlier legis
Direct Tax
Prosecution under Section 276C of Income-tax Act, 1961 – An Overview
24 April 2019
By Ravi Sawana Introduction The mechanism for enforcing tax compliances under the Income-tax Act, 1961 (‘the Act’) is provided by way of three pilla
International Trade & WTO
All is fair in trade and war – Panel Ruling on interpretation of security exceptions in Russia-Traffic in Transit
23 April 2019
By Jayant Raghu Ram Introduction On 05th April 2019, the WTO circulated the Panel report in Russia – Traffic in Transit (DS512), a dispute which was initiated by Ukraine agains
Regulatory Laws
Maximum pensionable salary - SC upholds HC judgment quashing cap thereon
08 April 2019
By Ankit Parhar The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) is a social welfare legislation enacted to provide social security to employees in the form of retirement or old age benefits. The EPF
Corporate Advisory
Companies (Significant Beneficial Owners) Amendment Rules, 2019: Significant clarity at last
08 April 2019
By Sudish Sharma, Samad Ali and Anantha Desikan S Introduction The Companies (Significant Beneficial Owners) Rules, 2018 (“SBO Rules”) was notified on June 14, 2018. The SBO Rules endeavor to iden
International Trade & WTO
US withdrawal of GSP benefits for India
27 March 2019
By Bhargav Mansatta Generalised System of Preferences (GSP) means a mechanism by which imports from developing countries are subject to lower tariffs in the importing country. This system has been implemented by the developed countries s