x

Articles

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

articles

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

Direct Tax

Dichotomy between Gross and Net amount - Analysis of Vijay Industries Judgment

25 March 2019

By Mahendra Singh Introduction: The Income-tax Act, 1961, under Chapter VI-A, provides for certain special deductions. These special deductions have been subject matter of litigation all along. One such pr

Goods and Services Tax

Burden of unified registrations for EOUs and DTA units

22 March 2019

By Anupama Ravindran This article intends to highlight certain issues with regard to restrictions on refund of integrated tax paid on exports, for multiple business units having a single GST registration. Section 54 of the CGST Act st

Goods and Services Tax

Breaking the credit chain – An avenue to boost revenue?

22 March 2019

By Brijesh Kothary The Goods and Services Tax Council, in its 34th meeting held on 19-3-2019 recommended certain measures to streamline implementation of lower effective rates of GST for real estate sector. In its previous meeting, the GST Council r

Intellectual Property Rights

Trademarks – Use of a generic prefix, how far effective

18 March 2019

By R. Parthasarathy & Abhishek Yadav The question whether a mark is descriptive or invented, has always been a contentious one. The Supreme Court in 1994 dealt with this issue in J.R. Kapoor v. Micronix India. In the

Corporate Advisory, Regulatory Laws

Directors receiving remuneration are employees as per ESI Act

11 March 2019

By Ankit Parhar In Employees' State Insurance Corporation v. Venus Alloy Pvt. Ltd.[See endnote 1], the Supreme Court has held that Directors of a company, who are receiving remuneration, would fall within the definition of a

Corporate Advisory

Relief to disqualified directors under the Companies Act, 2013

11 March 2019

By Tanya Sharma and Anantha Desikan Section 164 of the Companies Act, 2013 (“Companies Act”) deals with the eligibility criteria for appointment of a director in a company and one of the eligibility criteria is that in case a comp

Securities Laws

Banning of Unregulated Deposits Schemes Ordinance, 2019

11 March 2019

By Sudish Sharma and Vishakha Singh Indian economy in the recent times has witnessed a plethora of fraudulent corporate malpractices. The issue of illegal deposit-taking activities has been a concerning one, causing various fi

International Trade & WTO

Analysis of “Material Retardation”: A WTO jurisprudential perspective on DGTR’s recent findings

27 February 2019

By Greetika Francis The Directorate General of Trade Remedies (DGTR) in India has had scant opportunity to address situations of injury in the form of “material retardation to the esta

Intellectual Property Rights

Punitive damages in trademark infringement suits

26 February 2019

By R. Parthasarathy & Gunjan Hans “The disobedience or breach of an injunction has to have consequences in law. If strict action is not taken, orders of Courts would not be complied with by litigants&hellip

Browse articles