Articles

We stay up-to-date and periodically share insightful commentary and analysis on the legal issues shaping businesses, both domestically and globally. Our opinionised articles offer fresh perspective on current burning issues, thus keeping you ahead of the curve.

OFAC - Insights into the US sanctions regime

In the previous article , we shed light on the nature and extent of Western sanctions. We explained that among the numerous measures adopted by the Western nations in response to the Russia-Ukraine conflict, unilateral sanctions have been employed as a primary instrument to economically penalize Russia and its allies such as Belarus.

1 December 2022

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Export duty on iron ore and steel intermediaries – An industry perspective!

The Government has with effect from 19 November 2022 rolled back export duty on iron ore pellets and steel products, including pig iron, flat-rolled products of carbon steel and stainless steel, bars, rods and non-alloy steel, vide Notification No. 58/2022-Customs, dated 18 November 2022.

25 November 2022

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Company Secretary whether liable for misleading financial information given by a company

In V. Shankar v. SEBI , the company secretary (CS) of Deccan Chronicle Holding Limited (‘DCHL’) was absolved by Securities Appellate Tribunal (‘SAT’), Mumbai, from the liability imposed by the Adjudicating Officer (‘AO’) of Securities Exchange Board of India (‘SEBI’) on DCHL for misleading financial statements and information given by the DCHL.

24 November 2022

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Amendment to the Intermediary Guidelines: Increased due diligence and grievance redressal

The Ministry of Electronics and Information Technology (‘MEITY’) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 on 28 October 2022 (‘Amendment’) which introduces certain enhanced due diligence obligations for intermediaries, changes in timeline and grievance redressal procedures and constitution of grievance appellate committees.

2 November 2022

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Essentiality Certificates under Customs and GST laws: Need for synchronization

Petroleum is an indispensable commodity for the fulfilment of daily human needs. Not only does the petroleum industry act as a nodal industry for other industries like textile, automobile etc., petroleum has deep-rooted impact on the inflation rate and economic growth of a country.

28 October 2022

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A quandary of claim of foreign tax credit

The rapid infusion of digitisation into the business has made world one global market. In today’ era, the business transactions extend beyond national boundaries and the businesses are tailored to meet the needs of consumers over wider geographic areas.

27 October 2022

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Recycle with care

Section 29(1) of the Trade Marks Act, 1999 (‘Act’) provides the manner in which a registered trademark may be infringed by a person not being a registered proprietor or an authorized user of the registered trademark. It states that such a person may infringe a registered trademark if, in the course of trade, the person uses an identical or deceptively similar trademark...

17 October 2022

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Powers of Central Government in imposing trade remedial measures: Quasi-Judicial or Legislative?

Recently the Gujarat High Court in the case Real Strips v. Union of India had an occasion to decide the nature of powers exercised by the Ministry of Finance in deciding the imposition of countervailing duty. The article critically analysis the judgement of the High Court in the light of recent controversy surrounding the issue. The author analyses the issue on two metrics...

30 September 2022

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Draft Telecommunications Bill – An Explainer

The Department of Telecommunications has released the Draft Telecommunications Bill, which proposes a comprehensive framework governing licensing of telecommunication services, right of way, standards for public safety and national security, user safety apart from other provisions. The Bill aims to develop a future-ready legal framework that aligns telecommunication law with international standards and best practices, recognizing the importance of national, cyber security and public safety.

29 September 2022

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Government/ PSU procurements – Possible consequences of Supreme Court decision in Bharat Forge

Procurement by Government or Public Sector Undertakings through tenders has been subject to frequent litigations. The article discusses the recent decision of Supreme Court in Bharat Forge Limited which will have widespread implications on the whole procurement process. The Court has held that the supplier is required to enquire and thereafter arrive at a conclusion regarding the relevant HSN Code and the relevant rate of tax applicable to the item. Further, the Apex Court has directed that...

27 September 2022

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Supreme Court upholds 2014 amendment of Pension Scheme with certain caveats

The Supreme Court on 4 November 2022, upheld the constitutional validity of certain amendments made to the Employees’ Pension Scheme (‘EPS’) by way of the Employees' Pension (Amendment) Scheme, 2014 (‘Amendment Scheme’). This much-awaited ruling in the matter of Employees’ Provident Fund Organisation & Another v. Sunil Kumar B. and Others will impact thousands of working individuals and make the EPS more viable.

23 September 2022

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Payment recovery mechanism against erring foreign importers

Since 1991, the opening of Indian markets during the liberalization, privatization and globalization drive in India led to a boost in international/ foreign trade. However, as is said, every coin has a flip side. With increasing globalization and international trade, the risk of non-payment/ non-realization against the exports made to the foreign importers has increased accordingly.

22 September 2022

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Applicability of the Doctrine of Equivalents in the Indian context

With the passage of time, new technology is emerging day by day and this has resulted in a greater number of patent related disputes than ever. One of the key elements surrounding a patent dispute is the construction of the claim language, or claim construction, to determine their scope and extent of coverage.

21 September 2022

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Foreign companies’ obligation to file tax return in India

One of the issues of wide interest and contemplation is whether a foreign company is liable to file a return in India when there is income accruing or arising in India but the same is not liable to tax, either because of an exemption under the Income Tax Act, 1961 or on account of the beneficial provisions of the Double Taxation Avoidance Agreements (DTAA). The article deals with various circumstances...

19 September 2022

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Indo-Pacific Economic Framework and future of cross-border data flows

India, 13 (thirteen) other Asian countries and the United States are part of an Indo-Pacific Economic Framework (IPEF) which share a commitment to free, open, fair and a prosperous Indo-Pacific that has the potential to achieve sustained and inclusive economic growth.

16 September 2022

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