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.

Strike one on social media platforms – The new guidelines and what they mean

The article discusses the recently issued IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 by the MEITY. Elaborately analysing the salient features of the Rules, including definitions, due diligence mechanism, grievance redressal by intermediaries, significant social media/ messaging intermediaries, code of ethics in relation to digital media, grievance redressal mechanism by publishers, etc., the article also points out certain shortcomings of the Rules.

15 March 2021

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Farm Acts and agritech: Is the time ripe for the agri sector to bloom?

The key challenges faced by the Indian agriculture industry are small farm holdings, low penetration of farmer producer organisations, lack of agri-data and low price realisation by the farmer.

4 March 2021

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Agritech: A much-needed digital revolution for the agri sector

The agricultural sector has seen significant developments in the past few years: government reforms, major solutions offered by the onset of technology, post-COVID changes in consumer preferences, legal changes warranted by the new Farm Acts.

4 March 2021

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Investments in agritech sector: An analysis of the last decade

The agritech sector has witnessed significant growth in investments over the last few years. In the last decade (2010-2019), the sector bagged a cumulative capital flow of US$ 1.9bn.

4 March 2021

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Seed industry: An overall perspective

The need of the hour is a shift from production-centric agricultural practices to market-centric agricultural practices and giving market access to all the farmers, particularly smallholding farmers.

4 March 2021

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Climate change: A catalyst for agritech?

The climate change is an evolving threat that will have significant impact on the lives of the global population and global economy.

4 March 2021

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Investors’ outlook on agritech in India: An interview with Omnivore’s Managing Partner

Agritech start-ups in India have been successful in attracting funding from numerous investors including but not limited to large multinational companies, consumer funds, and generalist venture capital firms.

4 March 2021

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Food business: Regulatory regime in India

In recent years, food processing is seen as a sunrise sector in India. With a view to enhance private investment in the food processing sector, the Ministry of Food Processing Industries has been implementing several schemes for creation of infrastructure, expansion of processing capacity, and other supporting measures for healthy growth of the food processing industry.

4 March 2021

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Traversing issues under intellectual property and allied laws vis-a-vis food and agri sector

Food and agri-based industries are witnessing unprecedented levels of innovation which gives further impetus for patent protection and accordingly the necessity to assess and overcome the hurdles in this regard.

4 March 2021

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Parotta or Roti? Curd or Yogurt? Classifying culinary delights under the Indian GST regime

HSN Classification of a food product is important for determining the GST rate. GST rate impacts pricing decisions of the product and legal declarations on the package.

4 March 2021

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Income-tax incentives for agritech companies

The first permanent statute for imposing regular income-tax in India was enacted in 1886 and since then, agricultural income has been exempted from levy of income-tax in India. While the exemption granted to agricultural income from income-tax in 1886 continues even today, the rationale for extending such exemption in 1886 seems to be no longer relevant.

3 March 2021

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Anti-absorption provisions – A new chapter in trade remedial investigations in India

Union Budget 2021-22 proposes introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations. The article deals with questions like what is absorption, what is its purpose and the relevant changes as proposed in the Sections 9 and 9A of the Customs Tariff Act, 1975. The author also highlights the difference in the anti-absorption provisions for ADD and CVD and discusses certain aspects of the EU’s anti-dumping framework.

26 February 2021

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CGST Rule 96(10) and its inadvertent consequences

CGST Rule 96(10) has seen conflicting interpretations, retrospective amendments and challenges. Deliberating on the interpretation of the word ‘person’ used in said rule, the article attempts to answer the question as to whether other registrations of a company, which availed benefit of Advance authorisaiton/EOU scheme in one registration, become ineligible to claim IGST refund on exports. The author discusses both propositions – multiple registrations, and multiple units in same registration.

24 February 2021

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Faceless Penalty Scheme, 2021

The article discusses the recently introduced Faceless Penalty Scheme, 2021 effective from 12 January 2021. The authors highlight various salient features of the Scheme like, authentication and delivery of electronic record, absence of physical interface between the assessee and revenue authorities, team-based proceedings and dynamic jurisdiction, etc., while also elaborating on the procedure to be followed in penalty proceedings and in proceedings for rectification.

19 February 2021

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A legal tussle of music rights

The article discusses elaborately a recent decision of the Delhi High Court on the question as to whether the communication of a sound recording to the public also amounts to communication of the literary and musical works embodied in the sound recording to the public. It was also held that the 2012 amendment in Section 19(10) of the Copyright Act was not retrospective in nature.

18 February 2021

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