articles
Corporate Advisory
Doctrine of attribution in corporate criminal liability
17 September 2013
The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees while conducting business has gained importance in criminal law jurisprudence while being subject to debate
Goods and Services Tax
Availability of Cenvat Credit on partially paid invoices
16 September 2013
Prior to 2011-12 [see end note 1] service tax was payable on receipt basis in the calendar month or quarter, depending on the class of the assessee, immediately following the calendar month or quarter in which the payments are received towards the value of taxable services.
Regulatory Laws
Industrial/ Institutional Consumers – Complicating the uncomplicated
13 August 2013
The great Chinese philosopher Kong Qiu, famously known as Confucius, once said - “Life is really simple, but we insist on making it complicated”.
International Trade & WTO
Anti-dumping and countervailing duties – India and US Practice
29 July 2013
India follows a prospective method of Anti-dumping Duty (AD) and Countervailing Duty (CVD) imposition whereas the United States has adopted a retrospective method.
Intellectual Property Rights
Bar on mathematical methods under Indian Patents Act
29 July 2013
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows.
Regulatory Laws
Land Acquisition Bill, 2011 – A comparative analysis with the Act
29 July 2013
The Land Acquisition Bill 2011 proposes a change in the definition of “public purpose”, which is a fundamental concept in land acquisition. Presently the definition of public purpose under the Land Acquisition Act, 1894 includes provision of village sites or the extension, planned development or improvement of existing village sites;
Direct Tax
Tax planning in letter and spirit
25 July 2013
The media, in recent months, has been focussing extensively on tax planning, tax avoidance and aggressive tax planning.
Goods and Services Tax
Facilitation of cross-border services - Imprecision in the POPS Rules
25 July 2013
International transactions involving provision of services now revolve around the concept of place of provision of service.
Intellectual Property Rights
Protecting property rights through common law remedies
24 June 2013
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property.
Corporate Advisory
Squeeze out clause – A perspective
24 June 2013
‘Squeeze Out’ provisions in the Companies Act, 1956 enable the majority shareholder holding above a prescribed threshold limit to “squeeze-out” the minority shareholders and acquire the entire shareholding in a company.
Goods and Services Tax
Refund of Cenvat credit on services under reverse charge mechanism
14 June 2013
It is been almost a year since the negative list of services based regime for levy of Service Tax under the Finance Act, 1994 (in short ‘the Act’) was introduced.
International Trade & WTO
Export promotion programmes and SCM Agreement – Has the countdown begun?
21 May 2013
Article 3 of the WTO SCM Agreement provides for two types of subsidies which are considered as prohibited subsidies, namely (i) export contingent and (ii) import substitution.
Intellectual Property Rights
Patent of addition
21 May 2013
After arriving at an invention, it is often the case that there is an improvement or modification of the invention.
Regulatory Laws
RBI revises banking license guidelines
21 May 2013
The banking system in India has been constantly evolving with the government and the Reserve Bank of India (the RBI) making changes in the banking policies, as and when required. The RBI grants licenses to entities proposing to establish new banks and enter the industry, and also governs terms of the same.
Goods and Services Tax
Export of services under the new regime of Service Tax
14 May 2013
As we approach the second year in the negative list based regime in service tax, there are many issues which have not been comprehended yet.
Intellectual Property Rights
Post-dating of patent applications and its implications
14 May 2013
Post-dating means to change the priority date of a patent application to a later date.
Service PEs – Employing the right structure
01 January 0001
The more you explain, the less clear things appear to be. This statement could apply to a host of things including service PEs.
International Trade & WTO
Investor and (host) state protection - India proposes a new model for BIT
01 January 0001
Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded , use of multiple forums and almost endless litigation in enforcement of award to genuineness of claims and against regulatory laws .
Test
01 January 0001
<strong>By Subhashree<br /> <br /> Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded<sup><sup>[1]</sup></s