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.

A tale of tax technology and GST matching woes: Balancing idealism and pragmatism

The article discusses the problem of absence of mechanism for matching Input Tax Credit (‘ITC’). It analyses a recent Rajasthan High Court decision in the case of Hindustan Lever Ltd., where the practicality of this matching exercise has come into question and observes that while on one hand, requiring suppliers to collect certificates or proof from recipients may lead to administrative inefficiencies, on the other hand, allowing businesses to claim reductions in tax liability...

26 September 2023

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Arbitration clauses in cross-border transactions – Indian perspective

In the era of globalization, India has emerged as one of the fastest-growing economies in the world. Owing to its increased consumption and a large young workforce, India has attracted interest from several multinational corporations and consumer companies who are looking to expand their business in newer territories.

22 September 2023

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Cross-border share sale – Eligibility for Tax Treaty benefit

The article seeks to examine the question as to whether treaty benefits should at all be provided if the non-resident seller of shares does not have much commercial substance. Analysing how Courts in different countries have applied GAAR in tax treaty issues and what Courts in India have held applying judicial anti-avoidance test prior to GAAR, the authors opine that there is a lot of uncertainty surrounding the applicability of anti-abuse rules to cross border share acquisitions.

19 September 2023

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EU’s Non-Preferential Rules of Origin: A tool for determining origin of goods and promote fair trade

In the realm of global trade, the determination of a product’s origin holds immense significance. Origin not only affects tariffs but also impacts compliance with regulations, trade agreements, trade measures and market access. The European Union (‘EU’) Non-Preferential Rules of Origin provide a comprehensive framework to ascertain the origin of goods exported to the EU and play a pivotal role in shaping trade dynamics within the EU and its trade partners.

4 September 2023

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Digital Personal Data Protection Act – Implications for financial entities and fin-tech sector

The article discusses elaborately the implications of the new Digital Personal Data Protection Act, 2023 for the financial entities and the fin-tech sector. It, in this regard, discusses topics like, meeting consent and notice requirements; interplay with sectoral regulations; legitimate purposes for processing; and how Data Fiduciaries in the financial sector need to review internal protocols and mechanisms concerning disclosure and/or sharing of personal data. Similarly, the article also...

1 September 2023

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ISD vs. Cross Charge – The saga continues

The article revolves around the recommendation of the 50th Meeting of the GST Council and the clarification brought in by the CBIC Circular No. 199/2023-GST, dated 17 July 2023 with respect to distribution of credit through Input Service Distributor (‘ISD’). Noting that the Circular has put at rest many disputes surrounding the issue, the authors highlight some open issues which need to be addressed in view of the proposed amendment in law to make the ISD registration mandatory.

30 August 2023

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Navigating limitation period labyrinth – Pitfalls in timelines of passing assessment orders under Section 144C read with Section 153

The Bombay HC has held that timelines for passing an assessment order specified in Section 153 of the Income Tax Act, 1961 are not to be extended in cases where the assessee takes the DRP route and the final assessment order under s.144C(13) has to be passed within the overall timeline prescribed under s.153. Considering that the general practice followed by the tax officers is to pass only the draft orders within the timelines, the article highlights the impact of this decision.

25 August 2023

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Trends in GI sector: An analysis

In recent years Geographical Indications (‘GIs’) has emerged as one of the most important instruments for protecting the “quality, reputation or other character of goods essentially attributable to their geographical origin”. It is a ‘source identifier’ and indicator of quality. It helps to promote goods of a particular region or country and is “eligible for relief from acts of infringement and/or unfair competition”.

18 August 2023

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Key issues impacting the pharmaceutical sector – Classification, human resources & investigations

Indian Pharmaceutical Industry plays a prominent role in the Global Pharma Ecosystem. It is the world's largest provider of generic medicines by volume and is also the largest vaccine supplier in the world. The value of this sector is expected to reach USD 65 billion by 2024. Indian pharmaceutical products are exported to various overseas markets including the US, UK, European Union, etc.

16 August 2023

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Digital Personal Data Protection Bill, 2023: Implementing India’s Data Protection Revamp (Part 1)

This article is the first in a series of articles that discusses the Digital Personal Data Protection Bill, 2023 and outlines key obligations and action items that may be implemented by Fiduciaries and other entities under the Bill.

11 August 2023

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Key issues impacting the Pharmaceutical Sector – Quandaries for the Industry

The pharmaceutical sector in India plays a seminal position in the domestic and international economy. It provides more than 50 per cent of global demand for several vaccines, 40 percent of generic demand in the US and 25 percent of all medicines in UK. The value of this sector has been estimated at $42 billion in 2021, and it is expected to reach $65 billion by 2024 .

9 August 2023

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Export and global operation: Challenges Faced by Indian Pharma Industry

In this article, the authors discuss key challenges faced by the pharma industry in GST which may affect the industry in their global operations and exports, imports and refunds, which are aside from the issues being faced in marketing and supply chain, procurement and input tax credit, etc, covered separately here.

9 August 2023

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Pacing towards a data protection law: Analysing the Digital Personal Data Protection Bill, 2023

The Minister of Electronics & Information Technology introduced the Digital Personal Data Protection Bill, 2023 on 3 August 2023 , in the Lok Sabha. The Bill is a successor to the Draft Digital Personal Data Protection Bill, 2022 which was released by the Ministry of Electronics & Information Technology in November 2022. The article provides the comparative insights on the Bill vis-à-vis its 2022 counterpart.

4 August 2023

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Withdrawal of corporate insolvency proceeding even prior to formation of committee of creditors

The article discusses a recent decision of the Supreme Court establishing that a plea for the withdrawal of the Corporate Insolvency Resolution Process can be allowed by the adjudicating authority even prior to the establishment of the committee of creditors. The author observes that the Supreme Court has not only addressed the existing gap in Section 12A of the IBC but it has also recognized the obligatory status of Regulation 30A.

3 August 2023

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Circumvention of Trade Remedy measures – A critical analysis of Indian provision

Trade remedy measures are applicable only to specific products originating in certain countries. Sometimes exporters make changes in the business model to overcome the measures by circumventing the duties and thereby rendering the measures largely ineffective.

2 August 2023

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