articles
International Trade & WTO
EU-Biodiesel: “Input Costs” in Constructed Normal Value
16 January 2017
The WTO Appellate Body (AB) has recently delivered the final word on construction of normal value. In European Union - Anti-Dumping Measures on Biodiesel from Argentina (DS 473) [see end note 1]
Inter-State supplies under Model IGST Law – Treatment of FOR & Ex-works supplies
13 January 2017
One of the many disputes that have continued to exist in the present regime of taxation of sale of goods are the disputes pertaining to determination of the nature of transaction as inter-State sale subject to Central Sales Tax or local sale subject to VAT.
Challenges in availment of Input Tax Credit under GST
13 January 2017
The Revised Model GST Law (hence forth "RMGL") was made available in public domain in November, 2016. The commitment of the government is to roll out a simplified and easier indirect tax regime, yet the provisions reveal a different picture.
Corporate Advisory, Mergers & Acquisitions / PE
Mergers & Acquisitions provisions notified in Companies Act
03 January 2017
The Companies Act, 2013 (Companies Act) is one of the landmark legislations enacted in recent years to bring forth transparency, ease of doing business and protecting rights of minority shareholders. The Companies Act was, in many ways,
Regulatory Laws
Benami Transactions (Prohibition) Act - A Study in Comparison
02 January 2017
In a further crackdown on the parallel economy that has affected the Indian economy adversely, the Central Board for Direct Taxes (CBDT) on November 1, 2016 has notified the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act).
Customs, Direct Tax
Customs valuation and transfer pricing – different valuations for the same transaction ?
27 December 2016
Globalization has brought along with it various taxation issues, the most talked about being, transfer price of goods being traded amongst enterprises forming part of a same business group (‘related entities’).
Intellectual Property Rights
Secrecy directions in designs
22 December 2016
Most of us are familiar with provisions in Patents Law related to secrecy directions [see end note 1] on inventions relevant for defence purposes and the security of India; however, similar secrecy directions are also provided under the Designs Law [see end note 2].
Anti-Profiteering measure and price control mechanism under GST
20 December 2016
The revised model Goods and Services Tax (GST) law has been released by the Government, taking into consideration various representations received from the stake-holders.
International Trade & WTO
Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal
12 December 2016
On 11 December 2016, specific provisions of Section 15 of the Protocol of Accession of China to the WTO will expire.
Mergers & Acquisitions / PE, Regulatory Laws
Stamp duty payable on scheme of Amalgamation
06 December 2016
A recent Bombay High Court judgement [ see end note 1] sparked a debate amidst corporate lawyers on the issue of stamp duty payable on the order sanctioning the scheme of amalgamation where the transferor and transferee companies have registered offices in two different States in India.
Direct Tax
Implication of amalgamation on assessment proceedings
22 November 2016
A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.
Intellectual Property Rights
Doctrine of lifting of corporate veil in trademark law
16 November 2016
Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it.
Input Tax Credit under GST regime – Make it seamless
15 November 2016
The new Goods and Services Tax (GST) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services across India.
International Trade & WTO
Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy
09 November 2016
Paragraph 5 of Article VI of the General Agreements on Tariffs and Trade, 1994 (hereinafter referred to as “GATT”) states that “No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing du
Corporate Advisory, Securities Laws
Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper
04 November 2016
Last year, the Securities and Exchange Board of India (“SEBI”) introduced the Listing Obligations and Disclosure Requirements Regulations, 2015 (“Regulations”). These Regulations were brought in to provide for a consolidated flow of disclosures
GST – A look at certain grey areas in transition provisions
24 October 2016
The date of implementation of Goods & Services Tax (GST) is now certain and from 1st April, 2017, India will enter the new indirect tax regime bringing great deal of uniformity and robustness which will impact every business and industry.
Direct Tax
Do taxes cloud the novelty of SARs?
15 October 2016
Conceptually different from the Employee Stock Option Plan a.k.a ESOP, a household term in India, Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an organisation by granting them the right to benefit from any appreciation in the value of the common stock (
Intellectual Property Rights
Trade-dress Infringement - It’s all about the looks
15 October 2016
The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours.
International Trade & WTO
Targeted dumping: An examination
12 October 2016
Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping.