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As part of its consistent efforts to boost the product, the Securities and Exchange Board of India (SEBI) had permitted listed real estate investment trusts (REIT) to raise funds from the primary market through follow on public offerings, preferential issues, institutional placements and rights i

Recently, the Finance Act, 2020 (FA 2020) has made changes to determination of tax residence of individuals under the Indian Income-tax Act, 1961 (IT Act), especially for Indian citizens and persons of Indian origin (PIO).

Striking a bargain for an exit with an unwilling minority shareholder is usually a challenge and does turn out to be a painstakingly arduous task if litigated by a reluctant minority stakeholder.

The magnitude of this pandemic warrants setting-up quarantine centres in India.

On 25 March 2020, the Board of Governors (in supersession of the Medical Council of India) have framed the Telemedicine Practice Guidelines (Guidelines) which are added as Appendix 5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation 2002 (Ethics R

The Government released notifications on February 11, 2020 expanding the scope of regulation pertaining to ‘medical devices’. Historically, India has not had regulations on all ‘medical devices’ – certain categories of devices were regulated under the Drugs and Cosmetics Act, 1940 like ‘drugs’.

On 24 March 2020, the Ministry of Home Affairs issued an order imposing a 21-day lockdown of the entire country as a preventive measure to stop the spread of COVID -19.

COVID-19 (Coronavirus) is having material impact on global business and economy. The effect of this global pandemic has now started appearing on India with slow down in commercial and business activity.

The Reserve Bank of India (RBI) as part of its Statement of Development and Regulatory Policies released on 27 March 2020 announced a slew of measures to safeguard the Indian economy from the shocks of the COVID-19 pandemic.

In August 2019, the Competition Commission of India (CCI) amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations) to: (i) introduce an automatic approval route for transactions wher

In the wake of the novel coronavirus (COVID-19), the Government of India and the local authorities have been continuously issuing measures to contain the pandemic such as prohibition on large gatherings, imposition of a ban on travel, closure o

On 11 March 2020, the World Health Organization (WHO) declared COVID-19 as a pandemic and a public health emergency of international concern.

The Finance Bill 2020 was presented in the Indian Parliament on 1 February 2020 (Finance Bill) as part of the Budget proposals (see our Ergo on direct tax related budget proposals here).

Further to our Ergo Updates in 5 March 2020, 12 March 2020, 13 March 2020, 16 March 2020 and 20 March 2020, we set out below latest regulatory updates in respect of COVID-19 outbreak.

As COVID-19 continues to induce turbulence in our lives, infrastructure and economies, India continues to show its resilience, strength and unity. However, despite best efforts, our daily lives, working patterns, regulatory and legal structures are constantly facing renewed challenges.

The Hon’ble Finance Minister has announced a host of relaxations in the compliance timelines for small taxpayers and various other relief measures. The major announcements from the standpoint of Indirect Taxes included:

With the increase in COVID 19 cases in India, the Indian Government announced a complete nationwide lockdown for 21 days starting from 00:00 hours of 25 March 2020.

COVID-19 has posed unprecedented challenges and in many cases business continuity plans are being put to test for the first time. The scenario is deteriorating in India with more than 560 positive cases being officially reported.

Earlier today, i.e., 23 March 2020, the Supreme Court of India (SC), in Writ Petition (Civil) No. 3/2020, took suo motu cognisance of the difficulties faced by litigants due to the rapidly escalating corona virus outbreak (COVID-19).

Our earlier Ergo COVID 19 - Conducting Board Meetings Virtually, provided an overview on how Indian companies can conduct board meetings through Audio Visual Means (AV Means) during this time, to ensure statutory compliance.

Amidst the outbreak of COVID 19, the Securities and Exchange Board of India (SEBI) had previously extended the compliance timelines prescribed under Regulations 7(3) ( Submission of compliance certificate signed by sha

The Ministry of Corporate Affairs (MCA) on 23 March 2020 has issued a clarification that any expenditure towards various activities related to COVID-19 shall be considered an eligible corporate social responsibility (CSR) expenditure (MCA Circular).

The World Health Organisation has declared COVID-19 to be a pandemic. All spheres of life have been affected alike and the judicial system is no exception to this. There are various challenges that are being faced by Courts, lawyers and litigants alike which are unprecedented in nature.

With the outbreak of the novel coronavirus (COVID-19), the world is facing unprecedented challenges.

Three decades ago, India’s economic liberalisation led to a drastic change in its social and economic landscape, with the country consistently being one of the fastest growing economies in the world.

The Securities Appellate Tribunal, Mumbai (SAT) passed an order in Ravikiran Realty India Ltd & Ors v SEBI, Misc App. Nos. 90 & 382 of 2019 with Appeal No.

Earlier today, i.e., 23 March 2020, the Supreme Court of India (SC), in Writ Petition (Civil) No.

With COVID-19 being declared a pandemic, various companies have found themselves facing challenges in complying with the Companies Act compliances due to disruptions in their operations.

COVID-19 Preparedness

The Department of Telecom (DoT) has issued a notification dated 13 March 2020 (Notification) which temporarily liberalises conditions stipulated under the ‘Terms and Conditions – Other Service Provider (OSP) Category’ (OSP Guidelines) with respect to ‘Work From Home’ (WFH)

The global outbreak of COVID-19 has led everyone, from promoters to investment bankers to transactional lawyers to fund managers, to change the way in which business is done.

With the continuing spread of the Coronavirus Disease 2019 (Covid-19 or “coronavirus), various businesses across the globe are facing an increasing number of challenges and issues that need to be addressed and mitigated. Retail sector is no exception to this.

With the continuing spread of the Coronavirus Disease 2019 (Covid-19 or “coronavirus), various businesses across the globe are facing an increasing number of challenges and issues that need to be addressed and mitigated. Retail sector is no exception to this.

In this webinar, organized by Khaitan & Co in collaboration with the Indo-German Chamber of Commerce (IGCC), Germany Trade and Invest (GTAI), and the Consulate General of the Federal Republic of Germany

Further to our Ergo Updates in5 March 2020, 12 March 2020, 13 March 2020 and 16 March 2020, we set out below latest regulatory updates in respect of COVID-19 outbreak.

This webinar was jointly organized by Khaitan & Co and the Indo French Chambers of Commerce and Industry (IFCCI). It addressed pertinent issues related to employers' responsibilities, employees obligations, and business challenges.

The Hon’ble Supreme Court of India in Bank of Baroda v Kotak Mahindra Bank Limited, Civil Appeal No.

With the intent to reduce the direct tax litigation pending before various courts / appellate forums [i.e.

In recent years there have been legislative reforms in India aimed at further simplifying inbound and outbound mergers and acquisitions (M&As).

Travel restrictions and quarantine: The Government of India has categorized passengers into 3 categories for the purpose of quarantine.

The rapid and unprecedented spread of the novel coronavirus (Coronavirus) which started in December last year and soon became every economy’s waking nightmare has dealt a severe blow to businesses worldwide and posed a serious challenge to asse

The rapid and unprecedented spread of the novel coronavirus (Coronavirus) which started in December last year and soon became every economy’s waking nightmare has dealt a severe blow to businesses worldwide and posed a serious challenge to asse

On 11 March 2020, the World Health Organisation declared the Covid-19 outbreak as a pandemic, thereby calling for more urgent and aggressive action to stifle its spreading.

On 5 March 2020, the Reserve Bank of India (RBI) imposed a moratorium on Yes Bank following unsuccessful attempts to raise additional capital to cover provisions for non-performing assets and a deterioration of its financial position.

The National Company Law Appellate Tribunal (NCLAT), in its judgment dated 12 March 2020, has set aside the order of the Competition Commission of India (CCI) imposing a penalty of INR 10,000,000 (Indian Rupees Ten million) on Eli Lilly and Company (Eli Lilly) for not notifying the acquisit

Welcome to the first edition of the E-Bulletin (Volume I) brought to you by the Indirect Tax practice group of Khaitan & Co (KCO). This E-Bulletin covers regulatory developments, case law and news updates that would impact businesses from a sector agnostic standpoint.

In recent times, the presence of COVID-19 in the business ecosystem is testing contingency plans and business continuity across organizations.  Therefore, like all business functions, teams within organisations pursuing acquisitions and divestm

With each passing hour, the number of confirmed cases of COVID-19 in India is increasing rapidly. As of 13 March 2020 (5 pm), the number reached 81. The country has also reported one casualty in Karnataka.

The World Health Organisation has declared COVID-19 (better known as corona virus) a pandemic, with the number of cases outside China increasing 13-fold.

The Constitution Bench of the Supreme Court in New India Assurance Company Limited v Hilli Multipurpose Cold Storage Private Limited (Civil Appeal No 10941-10942 of 2013) has conclusively settled conflicting decisions under the Consumer Protection Act 1986 (Act) pertaining to the l

In India, the number of confirmed cases of COVID-19 coronavirus has reached 73 (as of 12 March 2020: 4 PM), and several other cases are being examined for confirmation.

The macabre of the novel coronavirus (also commonly known as “COVID-19”) has engulfed within its fold as many as 112 countries and territories around the world and international conveyance (the Diamond Princess cruise ship har

On March 4, the Supreme Court of India pronounced the verdict which was the culmination to two years’ worth of legal battle that ensued after the Reserve Bank of India (RBI), on April 6, 2018, restricted financial entities from providing services to cryptocurrency players.

On 11 February 2020, fresh notifications were released drastically expanding the scope of regulation for medical devices under Indian law.  Traditionally, India has not had expansive regulation on medical devices unlike several western jurisdictions.

A mandatory CSR regime would require investors to ensure that the CSR contributing company has in place adequate avenues for its CSR obligations

In a landmark judgement, the Supreme Court of India (SC) has quashed the circular issued by the Reserve Bank of India (RBI) on 6 April 2018 (Circular) that prohibited banks and financial institutions from dealing in, and providing services for facilitating dealing in, virtual currencies (Cr

Welcome to the third edition of the E-Bulletin (Volume II) brought to you by the Employment, Labour and Benefits (ELB) practice group of Khaitan & Co.

M/s Indo Rubber and Plastic Works (Indo Rubber) entered into a non-exclusive distribution agreement with Sunlight Sports, Singapore (Sunlight Sports) for import and sale of branded sports goods in India by the name ‘Li Ning’.

A global pandemic now, COVID-19 was not something the world seemed to have been ready for when it was first discovered in Wuhan, China, in December 2019.

With an intent to reduce direct tax litigation pending before various courts/ appellate forums  [ie Supreme Court or High Court or Income Tax Appellate Tribunal (ITAT) or Commissioner of Income Tax (Appeals) (CIT(A)), together referred to as Appellate Forum], the Government int

A recent un-reported judgment of the Bombay High Court (Fedbank Financial Service Ltd through its AO Zahid Sultan v Narendra H Shelar through his LRs & Ors, Arbitration Application No.

Auditor’s reports are issued by the statutory auditor of the company as an end result of the audit to inter alia consolidate and summarise at the outset the key points emerging therefrom as well as to provide assurance and inspire confidence in the validity of the financial statements as it indic

On 2 March 2020, the Ministry of Corporate Affairs (MCA) issued a standard operating procedure (SOP) for prosecution of independent directors (IDs) and non-executive directors (NEDs) in respect of non-compliance with the provisions of the Companies Act, 2013 (Act).

In yet another landmark decision in relation to the corporate insolvency resolution process (CIRP) of Jaypee Infratech Limited (JIL), the Supreme Court in Anuj Jain, Interim Resolution Professional for Jaypee Infratech Limited vs. Axis Bank Limited Etc. Etc. (Civil Appeal Nos.

Recently, the Supreme Court in the case of Deep Industries Limited v Oil and Natural Gas Corporation Limited and Anr (Civil Appeal 9106 of 2019 decided on 28 November 2019) has clarified the issue of maintainability of writ petitions against orders passed by the relevant jurisdictional court unde

The Authority for Advance Rulings (AAR) in its recent verdict in the matter of Bid Services Division (Mauritius) Ltd, In re ([2020] 114 taxmann.com 434 (AAR – Mumbai)), denied the benefits of the capital gains tax exemption under the India – Mauritius Tax Treaty (Treaty) to the taxpayer on the sa

Under the extant Foreign Direct Investment (FDI) policy, 100% FDI is permitted under the automatic route in Single Brand Retail

About 80% to 90% of India’s requirement of medical devices is met through imports. As the present government pushes for its “make in India” agenda, the medical device industry can play a significant role.

On 21 February 2020, the Financial Action Task Force (FATF) issued a list of ‘jurisdictions under increased monitoring’, popularly known as the ‘grey list’ and to the dismay of several foreign portfolio investors (FPIs), Mauritius ended up featuring in this list alongside 17 other jurisdict

In a controversial ruling released 17 February, India’s Authority for Advance Rulings, a quasi-judicial body which rules on the taxation of non-residents, denied a capital gains tax exemption under the India–Mauritius tax treaty to a Mauritian entity. 

On the heels of the Punjab & Haryana High Court and the Bombay High Court verdicts, the Rajasthan High Court has vide its judgment in the case of Chandresh Sankla v State of Rajasthan & Others pronounced on 14 February 2020, upheld the

The Securities and Exchange Board of India (SEBI) by its informal guidance in January 2020 has settled the question of extraterritorial compliance of corporate governance required under Regulation 24(1) of Securities and Exchange Board of India (Listing Obligations and Disclosure Requiremen

The Income Tax Appellate Tribunal (ITAT) recently held that income from cloud hosting services provided by a company based in the United States of America to its Indian customers was not ‘royalty’ or ‘Fees for Technical Services’ (FTS) under the India - USA Double Taxation Avoidance Agreeme

The Directorate General of Trade Remedies (DGTR) has, in January and February 2020 initiated the following investigations:

The Supreme Court has recently in its judgment dated 21 January 2020, in the case of Standard Chartered Bank v MSTC Limited [SLP (C) No 20093 of 2019], provided clarity on the interplay between the provisions of Recovery of Debts and Bankruptcy Act 1993 (RDB Act) and Limitation Act 1963 (Limitati

The Bi-monthly Newsletter of the Nani Palkhivala Arbitration Centre

Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) authorises Provident Fund Commissioners to initiate inquiries in order to determine amounts due from employers under the EPF Act.

The Ministry of Corporate Affairs has, on 3 February 2020, issued the long pending notification of sub-sections 11 and 12 of Section 230 of the Companies Act, 2013 (Companies Act).

The landscape of control transactions is evolving continuously and issues around minority protection rights, liabilities and exits associated with such transactions (highlighted above) are being dealt with through various approaches

The budget promises to take steps to enable sourcing of external commercial borrowings and FDI for the sector. Whether this is an indication of certain relaxations in terms of use for other legal entities to set up educational institutions and ease of repatriation of funds remains to be seen.

Welcome to the second edition of the E-Bulletin (Volume II) brought to you by the Employment, Labour and Benefits (ELB) practice group of Khaitan & Co.

With a view to streamline the process and timeline involved in issuance of observations on draft offer documents (DOD) filed with the Securities and Exchange Board of India (SEBI), SEBI has issued the “Securities and Exchange Board of India (Issuing Observations on Draft Offer Documents Pen

The biggest direct takeaway for startups from this budget was the deferment of the payment of income taxes payable upon exercise of stock options by their employees.

While the world battles forest fires and virus outbreaks, our economy has been suffering from ailments of its own. India’s GDP growth took a sharp plunge in Q2 of this fiscal to come in at 4.5 per cent, with many experts voicing concerns about a prolonged slowdown period.

The government has taken a pragmatic approach by proactively taking several measures to reduce tax litigations across various tax jurisdictions up to the Supreme Court.

Under the current regime, dividends distributed by a company are subject to Dividend Distribution Tax (DDT) at an effective rate of 20.56 per cent. Such DDT is levied on the post-tax income of the company i.e. after the company has already suffered corporate tax on its profits.

The Finance Bill, 2020, has made substantial changes to the manner in which dividends are taxed. Presently, dividends distributed by a company are subject to dividend distribution tax (DDT) at an effective rate of 20.56 percent.

The Budget included several announcements across various verticals of infrastructure projects to expedite necessary holistic development including economic turnaround.

Securities and Exchange Board of India (SEBI) has recently notified amendments to the SEBI (Issue of Capital and Disclosure Requirements) Regulations 2018 and the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015 to m

The Competition Commission of India (CCI) dismissed a complaint filed by two Informants against the Ministry of Railways (MoR) and Indian Railway Catering and Tourism Corporation Limited (IRCTC, a subsidiary of the Indian Railways) (collectively, the OPs), which alleged that they abused the

The first full union budget of the re-elected Narendra Modi Government presented on 1 February 2020 (Budget 2020) was a highly anticipated one from the perspective of the Indian fund management industry, with the industry expecting

The Securities and Exchange Board of India (SEBI) has recently passed an ad interim ex parte order impounding notional gains made and losses avoided by, amongst others, promoters of PC Jeweller Limited (Company) for having executed trades based on unpublished price sensitive information of

While presenting the Government’s Budget for financial year 2020-21, Hon’ble Finance Minister of India (Hon’ble FM) in her budget speech had announced that government will come out with a tax dispute resolution scheme (Vivad Se Vishwas) wherein taxpayers will get complete waiver of interest

The tax rates and income slabs under the Income-tax Act, 1961 (IT Act) remain the same, other than the following proposed changes.

CUSTOMS LAW

Proposed legislative changes in the Customs Act, 1962

In a landmark decision, the Gujarat High Court vide its order dated 23 January 2020, in Mohit Minerals Private Limited v Union of India and Another [Special Civil Application No 726 of 2018] and other connected petitions, has struck down two notifications: (i) No.

It’s that time of the year again, when the fiscal deficit and taxation regimes begin to feature in dinner table conversations around the country. The Union Budget is just around the corner; and with the economy slowing down, taxpayers are looking to the government for some relief.

In a few days, our Finance Minister (FM) will be presenting the Union Budget in the backdrop of not just a slowdown in the economy, but also falling direct tax revenues compared to FY 2019 (if collection trends till 15 January were to continue), with the latter being a first in the past 20

Extant labour laws in India only benefit permanent and fixed term employees, and do not confer any benefits to such gig workers.

While the move to allow 100 percent FDI in insurance intermediaries is a welcome move, the requirements under the Intermediaries Regulations and Dividend Guidelines for FIIs are likely to be viewed as onerous by foreign investors.

There has been a lot of ambiguity on whether a foreign portfolio investor (FPI) registered under the SEBI (Foreign Portfolio Investor) Regulations 2019 (FPI Regulations) can make investments in unlisted equity shares of an Indian company under the foreign direct investment (FDI) route speci

The Reserve Bank of India (RBI) revised the features of investment by Foreign Portfolio Investors (FPIs) in India vide two circulars published on 22 January 2020, namely the circular on FPI investment in debt (FPI Investment Circular) and Voluntary Retention Route’ (VRR) for FPIs i

India’s capital markets regulator, the Securities and Exchange Board of India (SEBI) has issued a circular dated 17 January 2020 introducing “Guidelines for rights issue of units by a listed Infrastructure Investment Trusts (InvIT)” (Guidelines).

The past year witnessed a number of significant developments related to environmental law and policy in India. These included crucial judgements and orders being passed by the courts especially the Supreme Court of India and the National Green Tribunal.

On 17 January 2020, the Central Government of India issued a notification (Notification) declaring the United Arab Emirates (UAE) a ‘reciprocating territory’ for the purpose of Section 44A of the Code of Civil Procedure 1908 (CPC).

In Marico Limited v Abhijeet Bhansali (Notice of Motion No 1094 of 2019 in COMIP No.

One hopes that with the increasing technological advancements and proof of concept/sandbox driven approach, the regulators will be forthcoming in recognising innovation.

With a view to streamline the process and reduce the time taken for rights issues undertaken by listed companies, the Securities and Exchange Board of India (SEBI) in its board meeting held on 20 November 2019, decided to amend the regulatory requirements applicable to rights issues by listed com

The Government of India, in September 2019, began the process of liberalising the long-standing restrictions imposed on mining activities in India with permitting 100% foreign direct investment (FDI) in entities engaged in coal mining activities for sale of coal.

Detection and prosecution of insider trading activities remain a challenge due their clandestine nature.

In the recent ruling (dated 31 December 2019) of ITO v APJ Construction Private Limited (ITA No.

There have been several instances of Internet shutdown across the country, which has put the right of freedom of speech and expression in jeopardy. 

On 7 December 2019, the Government of Karnataka (Government) issued a notification (Notification) amending the Karnataka Industrial Employment (Standing Orders) Rules 1961 (Rules).

Prompted by the ballooning relevance of digital commerce, the Competition Commission of India (CCI) commenced a market study on e-commerce (Study) in April 2019.  The CCI published its findings on 8 January 2019, in its report titled “Market Study on E-commerce in India: Key Findings and Observat

Welcome to the first edition of the E-Bulletin (Volume II) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co.

In Ferid Allani (Petitioner) v Union of India And Ors (Respondents), the Delhi High Court (Court) directed the Indian patent office to reassess the Petitioner’s patent application in light of the Court’s observations on patentability of computer related inventions.

The goods and services tax (GST) Council met on December 18 after nearly 3 months, only to grapple with many old and new unresolved issues. Such a long gap is not desirable as many key decisions are at stake. 

The present system of stamp duty collection governing securities market transactions had many challenges such as multiple rates for the same instrument, differing rates in states and lack of clarity, often leading to higher transaction costs an

The honouring of existing contracts by the government is as critical for inflow of new investments as it is for the nation’s energy security.

On 10 December 2019 a three-judge bench of the Supreme Court passed a judgment in BGS SGS SOMA JV v NHPC Ltd,(1) deciding key issues relating to the interpretation of arbitration clauses and the scope of appealable orders under the Arbitration and Conciliation Act 1996.

On 27 November 2019, a three-judge Bench of the Hon’ble Supreme Court struck down the newly inserted Section 87 of the Arbitration and Conciliation Act, 1996 as manifestly arbitrary and unconstitutional.

Investors can now structure products that cater to both returns and impact in short term. 
Long-term private debt funding constitutes an obvious and dominant share of these financings.

In a recent ruling in Doshi Accounting Services Pvt. Ltd v/s DCIT, (ITA No.

Mandatory examination could ensure a level of competence, at a time when the law expects them to play a crucial role 

Volume 1 Issue 4 December 2019

On 13 December 2019, the Ministry of New and Renewable Energy, Government of India (MNRE) issued Guidelines for Development of Decentralised Solar Power Plants (Guidelines).

The GST Council (Council) met on 18 December 2019 for the 38th time since the rollout of Goods and Services Tax (GST) regime.

The Chennai Bench of the National Company Law Tribunal (NCLT) had sanctioned a merger of Real Image LLP, a limited liability partnership  incorporated under the provisions of the Limited Liability Partnership Act, 2008, together with all its assets and liabilities, rights, title and interest in t

In a recent decision in the case of ING Bewaar Maatschappij I BV (ING BV), as trustees of ING Emerging Market Equity Funds (INGEMEF) v Deputy Commissioner of Income Tax (International Taxation) (Income tax appeal number: 7119/MUM/2014), the Mumbai bench of the Income Tax Appellate Tribunal (ITAT)

The Telecom Regulatory Authority of India (TRAI) has issued a pre-consultation paper on ‘Enabling unbundling of different layers through differential licensing’ on 9 December 2019 (PCP).

After a gap of over 15 months, the final draft of the Personal Data Protection Bill, 2019 (Bill) has finally been tabled before the lower house of Parliament.

On 11 December 2019, the Government of India introduced the Code on Social Security, 2019 (Code) in the Lok Sabha. The Code proposes to consolidate the law on social security in India and replace the following extant statutes:

The Private Placement Memorandum ("PPM") for each fund is submitted and reviewed by SEBI prior to granting registration to the fund.

In a recent decision in the case of M/s Direct Media Distribution Ventures Private Limited v Principal Commissioner of Income Tax (ITA No: 2211/Mum/2019), the Mumbai bench of the Income Tax Appellate Tribunal

Under the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 and relevant guidelines and circulars issued thereunder (REIT Regulations), a real estate investment trust (REIT) is required to list its units o

On 10 December 2019, a three-judge bench of the Supreme Court (SC) passed a judgment in BGS SGS SOMA JV v NHPC Ltd deciding key issues relating to interpretation of arbitration clauses and scope of appealable orders under the Arbitrati

The amendment, once effective, promises to be immensely beneficial for companies who often like to structure deals with a leg involving a market purchase.

The Indian Insolvency & Bankruptcy Code, 2016 (IBC) has seen several challenges in recent times. The Indian Government has been proactive in responding to these. In response to the recent set of challenges, the Government intends to implement another round of amendments to the IBC.

Mergers and Acquisitions (“M&As”) have gained substantial importance in today’s corporate world.

On 21 November 2019, a full bench of the Nagpur Bench of the Bombay High Court (Court) in its judgement in Motilal s/o Khamdeo Rokde & Ors v Balkrushna Baliram Lokhande & Ors (Letters Patent Appeal No 177 of 2012), clarified two crucial aspects regarding the maintainability

India’s capital markets regulator, the Securities and Exchange Board of India (SEBI), had on 27 November 2019 introduced the “Guidelines for the Preferential Issue of Units and Institutional Placement of Units by a listed Infrastructure Investment Trust” (2019 Guidelines), applicable to lis

The Central Government, vide notification dated 17 October 2019 had notified the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (NDI Rules) in supersession of the Foreign Exchange Management (Transfer  and Issue of Security by a Person Resident outside India) Regulations, 2017 (Ol

With a move that will mark a further evolution of the comparatively young alternative investment fund (AIF) industry, the Securities and Exchange Board of India (SEBI) released “Consultation Paper on Introduction of Performance Benchmarking and Standardization of Private Placement Memorandum for

The Securities and Exchange Board of India (SEBI) has recently imposed a monetary penalty on the merchant banker to the open offer (Merchant Banker) made to the public shareholders of Medicamen Biotech Limited (Target Company).

A Division Bench of the Hon’ble Supreme Court of India, comprising Justice Uday Umesh Lalit and Justice Indu Malhotra has, vide judgment dated 26 November 2019 passed in the matter of Perkins Eastman Architects DPC & Another v HSCC (India) Limited, while dealing with Section 11 (6) read with

Various Indian judicial fora, including the Supreme Court, have affirmed that a creditor may proceed against a guarantor on failure of the principal debtor to repay a loan without first exhausting his remedies against the principal debtor.

The National Company Appellate Tribunal, New Delhi (NCLAT) in the recent case of Oswal Greentech v Mr Pankaj Oswal and Ors (Company Appeal (AT) No 410 of 2018) while deciding on the issue of maintainability of a petition alleging oppression and

“Excepting the solitary reason namely difference in sex among the workers, there is no reason or rhyme to treat the women differently, nor it could be held that it is a protective legislation to save the women from exploitation.

The Ministry of Finance on 17 October 2019, released the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (NDI Rules) in supersession of the Foreign Exchange Management (Transfer of Issue of Security by a Person Resident outside India) Regulations, 2017 (TISPRO Regulations) and the

In a recent judgment Sowparnika Projects and Infrastructure Pvt. Ltd. and Ors. v/s ACIT TDS Circle-3(1), Criminal Review Petition No.

At present, India does not have an exclusive and comprehensive data protection legislation.

A constitution Bench of the Supreme Court has dealt with questions pertaining to the constitutionality of Part XIV of the Finance Act, 2017 and the Rules framed thereunder.

It has been an increasing trend over the past few years for co-operative housing societies in Maharashtra to forego appointing a developer and undertaking 'self- redevelopment' of their old and dilapidated buildings.

Taking into account the deepening liquidity crisis in the financial services sector and the resultant failure of some of the biggest non-banking financial companies (NBFCs) in discharging their immediate debt obligations, the India

A recent landmark decision of the Supreme Court reinforces the duty of care and liability of a Hotel for property entrusted to it by guests, customers and visitors. 

On 15 November 2019, a three judge bench of the Supreme Court delivered its judgment in the much-anticipated matter of Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta and Ors., Civil Appeal No. 8766-67 of 2019.

On 1 November 2019, the Insurance

Guide to Special Situations and Distressed Investments in India

Commercial Papers (CPs) in India are regulated by Reserve Bank of India (RBI) and governed by the RBI directions (RBI CP Directions) which lays down the eligibility requirements, disclosure norms, rating and documentation procedures.

The Authority for Advance Rulings (AAR) pronounced its ruling on the application of the India Mauritius Double Taxation Avoidance Agreement (DTAA), holding that the disposal by a Mauritian resident of its Indian investment would not be subject to tax in India.

The Reserve Bank of India (RBI) issued a long pending clarification on permissibility of bank lending to Infrastructure Investment Trusts (InvITs) vide Circular no. RBI/2019-20/83 DBR.No.BP.BC.20/08.12.014/2019-20 dated 14 October 2019 (RBI Circular).

As we know, cheque(s) has historically (and continues to be) one of the most popular negotiable instruments in India. In its historical avatar, a cheque was called by various names during different eras.

The Hon’ble Supreme Court of India (Supreme Court), vide its recent judgment of Vinubhai Haribhai and Others v The State of Gujarat and Another dated 16 October 2019, (Vinubhai Case) arising out of a criminal appeal against an order of the High Court of Gujarat (High Cou

On 31 October 2019, a specialised panel constituted by the World Trade Organisation (WTO) released a report recommending the withdrawal of several export promotion schemes which are integral to India’s foreign trade policy.

The manner of filing a complaint has also been eased to permit the consumers to file a complaint even electronically. The 2019 Act is being hailed by some as an all-inclusive legal regime that will help bolster consumer confidence.

Welcome to the fourth edition of the E-Bulletin (Volume I) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co.

In a step towards implementation of the recently notified Code on Wages, 2019 (Wages Code) which awaits a notification to be brought into force, the Ministry of Labour and Employment the draft Code on Wages (Central) Rules, 2019 (Draft Central Rules) on 1 November 2019.

By way of a notification published on 30 October 2019 (Amendment), the Competition Commission of India (CCI) has yet again amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations).

The Telecom Regulatory Authority of India (TRAI) has issued its recommendations relating to the regulatory terms and conditions for ‘other service providers’ (OSPs) on 21 October 2019.

On 14 October 2019, the Government of Andhra Pradesh (Government) notified and brought into effect the Andhra Pradesh Employment of Local Candidates in the Industries / Factories Rules, 2019 (

Consumer and competition law share the goal of protecting consumers from distortions and misadventures in the marketplace. The means to achieve this common end, however, are markedly different.

With effect from 15 October 2015, amendments in terms of sections 139, section 143(i) and section 144 of the Finance Act, 2015 (Finance Act) which amend the Foreign Exchange Management Act, 1999 (FEMA) have been notified.

The Bombay High Court, in its judgment dated 6 September 2019 in Earnest Business Services Pvt Ltd (Petitioner/Applicant) v the Government of the State of Israel (Respondent), has inter alia held that parties to a dispute can agree on appointment of an arbitrator without filing an application und

The Arbitration and Conciliation (Amendment) Act, 2019 (2019 Amendment Act), as a bill, was passed by the lower house of Parliament (Lok Sabha) on 1 August 2019and passed by the upper house of Parliament (Rajya Sabha) on 18 July 2019.

India's corporate and regulatory environment has traditionally not been conducive to shareholder activism. First, there is little separation of ownership and management in India.

With the introduction of Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations 2019 (FPI Regulations 2019), the regulator has renewed its commitment towards bolstering development of the International Financial Servic

Guided by established principles of Common Law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the Specific Relief Act 19631 ('Act') has sought to protect civil and contractual rights in the event of breach of contract.

Over the last 12 months, the market has witnessed myriad developments in relation to the insolvency and Bankruptcy Code 2016 ("IBC"), the deterioration of the financial services sector in India and the compression of credit from traditional banking sources and continued high leve

The Ministry of Home Affairs has notified the Foreign Contribution (Regulation) (Second Amendment) Rules on 16 September 2019 (“Amendment Rules”) amending the Foreign Contribution (Regulation) Rules, 2011 (“FCRA Rules”) under the Foreign Contributions (Regulation) Act, 2010 (“FCRA”).

The Companies Act 2013 (the 2013 Act) provides for a statutory cause of action to any person who has subscribed for securities of a company offered through a prospectus and has suffered losses by relying on any statement in the prospectus that was untrue or misleading or owing to omission of any

Post the Circular CIR/ IMD/ FPIC/ CIR/ P/ 2018 titled ‘Know Your Client Requirements for Foreign Portfolio Investors (FPIs)’ issued by Securities Exchange Board of India (SEBI) dated 10 April 2018 (SEBI Circular), there was widespread confusion around the eligibility of Resident Indians

At first glance,  the legal framework governing Indian public M&A transactions may appear to be similar to that in England and Wales. The company law foundation is similar to that in England and Wales.

We have been witnessing poor auto sales this year primarily due to the transition from BS-IV to BS-VI but it would not be incorrect to state that the number of vehicles has almost doubled in the last decade and the sector has witnessed a 10% growth rate. 

Under the Electricity Act, generation of energy is a delicensed activity.

India’s anti-trust watchdog, the Competition Commission of India (CCI), in August announced a “green channel” to expedite approval of mergers and acquisitions (M&As) that fall into certain categories.

While the Electricity Act does not provide a definition of renewable energy, there are other legislation and policies at both central and state level providing the definition of renewable energy sources.

The Constitution of India specifies the distribution of executive and legislative powers between the Union and States.

Hong Kong Authorities should consider putting in place an appropriate mechanism that would allow litigation funding and at the same time prevent any abuse of its use; otherwise, Hong Kong could lack ‘sex appeal’ as hub for international commercial disputes.

The Central Board of Direct Taxes (CBDT) – the apex body for administration of direct taxes in India – has issued a circular (Circular No.

The Securities and Exchange Board of India has gone the whole hog in revamping the FPI regime with the introduction of the Foreign Portfolio Investor Regulations, 2019. This followed relief in the form of rollback of the super-rich tax that had spooked foreign portfolio investors (FPIs).

The clarification introduced in the manufacturing sector is expected to give the necessary impetus to the ‘Make in India’ drive of the government. 

On 7 June 2019, the Reserve Bank of India (RBI) issued a new prudential framework for resolution of stressed assets (7 June Circular) which, amongst others, directs banks to take  a preliminary review of borrowers within 30 Days of default. 

Recently, the Delhi Bench of the Income Tax Appellate Tribunal (Tribunal) held that the Liaison Office (LO) of Hitachi Technologies Singapore Pte Limited (Hitachi) constituted a Permanent Establishment (PE) of Hitachi in India for the financial years (1 April to 31 March) 2001-02 to 2006-07.

In a recent decision in the case of M/s Golden Bella Holdings Ltd v Deputy Commissioner of Income Tax (International Taxation), Income tax appeal number: 6958/MUM/2017, the Mumbai bench of Income Tax Appellate Tribunal (ITAT) examined the concept of ‘beneficial ownership’ in relation to

Litigation funding, often referred to as third party funding (TPF), has become fairly commonplace in jurisdictions such as United Kingdom, the United States and Singapore.

In furtherance of its widely promoted objective of ensuring efficiency and transparency in tax administration, the Government has notified the much-awaited E-assessment Scheme, 2019 vide Notification No. 61/2019 (Scheme) to provide a framework for conducting assessment proceedings by:

Consider a typical supply chain- in the market for supply and sale of plastic bottles, for example, the manufacture procures raw materials from upstream suppliers to manufacture bottles of various colors and sizes.

On 28 August 2019, the government announced critical changes liberalising foreign direct investment (FDI) norms in: (a) single-brand retail trading (SBRT) (b) contract manufacturing (c) uploading / streaming of news and current affairs through digital media and (d) coal mining.

Estate & Succession Planning

Estate & Succession Planning

In a recent judgment [ITO(TDS)-2(3) v/s M.S.Shah Developers Private Limited and Ors., CC No.

The Patent (Amendment) Rules, 2019 (Revised Rules) have come into force from 17 September 2019. The key highlights of the Revised Rules are broadly set out below:

From having admitted the slowdown in the economy to announcing back to back measures to stabilise and improve the growth, the Government of India today defied all the criticism by announcing big bang tax reforms vide Taxation Laws (Amendment) Ordinance dated 20 September 2019 promulgated by the H

Cigarette smoking is injurious to health. Thanks to the statutory warnings on television, movie-theatres and even the cigarette cartons, we all know this.

In a recent case, The Deputy Commissioner of Income-tax v TCS E-Serve International Limited dated 28 August 2019, the Mumbai Bench of the Income Tax Appellate Tribunal (Tribunal) has allowed a demerged company to continue to avail Minimum Alternate Tax (MAT) credit pertaining to its demerged SEZ

The Delhi High Court recently ruled that a home buyer is allowed to approach the NCDRC and RERA concurrently. Our legal experts throw light on the implications of the judgment.

In the recent case of Domino Printing Science Plc., In Re (AAR 1290 of 2012 decided on 23 August 2019), the Authority for Advance Rulings (AAR), ruled that shareholders of a company are liable to capital gains tax upon the conversion of a company to a Limited Liability Partnership (LLP) as the co

In line with the recent assurances from the Finance Minister of India regarding ending the tax harassment, the Central Board of Direct Taxes (CBDT) which is the apex body for administration of direct tax in India, has issued 2 circulars.

In Pam Developments Private Ltd v State of West Bengal the Supreme Court considered whether an unconditional stay can be granted under Section 36 of the Arbitration and Conciliation Act 1996 when the applicant is the government.

The Supreme Court, in its recent decision in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors[1]., has clarified that a person claiming title by virtue of adverse possession can maintain a suit for declaration of title.

Ezeego initiated criminal proceedings for trademark infringement against Make My Trip due to the registration of domain names similar to the EZEEGO mark

The current Andhra Pradesh regime seems to be poorly advised in going about economising power in the state.

The current Andhra Pradesh regime seems to be poorly advised in going about economising power in the state.

Green energy is critical towards ensuring a better quality of life by bringing down pollution, curbing global warming

Welcome to the second edition of the E-Bulletin (Volume I) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co.

Latest in the series of attempts by the Indian Government to promote India as an arbitration-friendly destination after the New Delhi International Arbitration Centre Act, 2019 is the Arbitration and Conciliation (Amendment) Act, 2019 (Amendmen

On 28 August 2019, the Employees’ Provident Fund Organization (EPFO) issued a notice (EPF Notice) in relation to inquiries initiated / sought to be initiated by authorities under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) pursuant to the judgment of the Suprem

On 28 August 2019, the Employees’ Provident Fund Organization (EPFO) issued a notice (EPF Notice) in relation to inquiries initiated / sought to be initiated by authorities under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) pursuant to the judgment of the Suprem

The bench of Hon’ble Justices Uday Umesh Lalit and Vineet Saran of the Hon’ble Supreme Court of India (Supreme Court), vide judgement dated 22 August 2019 in Air India Express Limited and others v Captain Gurdarshan Kaur Sandhu [Civil Appeal Number 6567 of 2019], examined whether an employee can

On 28 August 2019, the Employees’ Provident Fund Organization (EPFO) issued a notice (EPF Notice) in relation to inquiries initiated / sought to be initiated by authorities under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) pursuant to the judgment of the Suprem

The Competition Commission of India (CCI) approved the acquisition of 66.15% of the total equity shareholding of Mindtree Limited (Mindtree) by Larsen & Toubro Limited (L&T).

The Union Cabinet on 28 August 2019 has issued a press release proposing some significant changes to the Foreign Direct Investment (FDI) policy of the Government of India, specifically relating to 4 (four) sectors as detailed below.

The powers conferred upon GST commissioners to make arrests in cases involving fake GST invoices cannot be disputed. However, the way these arrest provisions have been incorporated under the GST law is certainly amenable to a constitutional challenge.

This is further to our Ergo Update dated 5 July 2019 regarding Securities and Exchange Board of India’s (SEBI) in-principal approval to the framework for enabling initial public offer of ordinary equity shares by tech companies having equity shares with superior voting rights (SR Shares).

The single Judge of the Delhi High Court (Court), Justice Pratibha Singh, has recently passed a detailed order on the role, responsibility and accountability of intermediaries and held that the e-commerce platforms are bound by the Model Framework for Guidelines on Direct Selling 2016 (Direct Sel

In a bout of relief to foreign portfolio investors (FPIs), the Securities and Exchange of India (SEBI) in its board meeting on 21 August 2019 (Board Meeting) has given its nod of approval to the recommendations made by the HR Khan Committee report published on 24 May 2019 (Report) (Please see our

In State Bank of India v Moser Baer Karamchari Union [Company Appeal (AT) (Insolvency) Number 396 of 2019] (Moser Baer), the National Company Law Appellate Tribunal, New Delhi (NCLAT), ruled on the scope of ‘workmen’s dues’ under Section 53 of the Insolvency and Bankruptcy Code, 2016 (IBC) from t

The trial court issued an interim injunction against UC Surendranath after Mambally's Bakery filed a suit to restrain him from using the MAMBALLY's BAKERY mark

The Karnataka Government (Government) vide its notification dated 8 August 2019 notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 (Amendment Rules).

Under Indian law, shares of an unlisted company could hitherto either be held in physical form (i.e., represented by letters of allotment / share certificates issued against such shares) or in dematerialised form (i.e., by opening an account with a depository participant, "Demat Account").<

Following through on India's commitment to align its regulatory framework with the recommendations of the Financial Action Task Force, to check the misuse of multi-layered corporate entities for money laundering and other illegal activities, the Ministry of Corporate Affairs (MCA), vide the

In a much-awaited move, the Government of India (Government) vide press release dated 24 August 2019 (Press Release), announced withdrawal of the enhanced surcharge rates on income arising from the transfer of certain investments made in the Indian capital markets.

The Ministry of Corporate Affairs vide notification dated 16 August 2019, notified the Companies (Share Capital and Debentures) Amendment Rules 2019 (Amendment Rules). The Amendment Rules have amended the Companies (Share Capital and Debentures) Rules, 2014 (Original Rules).

The Indian financial services sector (particularly the non-banking financial services sector) has been in the front-page news since October 2018.

The Ministry of Corporate Affairs (MCA) vide its circular dated 21 August 2019 (Ref: General Circular No.

The Securities and Exchange Board of India (SEBI), vide its circular SEBI/HO/IFSC/CIR/P/2019/91 dated 9 August 2019 (Circular) harmonized the provisions governing investments by alternative investment funds (AIFs) incorporated in International Financial Services Centre (IFSC) wi

On 31 July 2019, the Companies (Amendment) Act, 2019 (Amendment Act) received assent of the President of India.

In a move to consolidate the law relating to occupational safety and health, welfare facilities and working conditions in relation to employees and workers, the Code on Occupational Safety, Health and Working Conditions, 2019 (OSH Code) was introduced in the Lok Sabha on 23 July 2019.

The Delhi High Court has issued directions to facilitate the immediate functioning of the IPAB

The key highlights of the legislation and its potential impact have been attempted to be catalogued.

The Digital Age has ushered in a new era of commerce and digital branding, as well as a new set of customer expectations. Digitisation has provided easy access, a large variety of choice, convenient payment mechanisms, improved services and shopping as per convenience.

Recent times have seen a spate of online will-making websites and even mobile applications becoming popular.

It is explicitly provided in the IT Act 2000 that it shall not apply to wills, trusts and other testamentary dispositions.

The Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) was enacted to prevent concentration of urban properties in the hands of a few and to ensure equitable distribution/utilization of urban vacant lands.

The Central Board of Direct Taxes – the apex body for direct tax administration in India (CBDT), has issued a clarification dated 9 August 2019 (Clarification) that provides further clarity with respect to ‘angel tax’ le

The Competition Commission of India (CCI) has constantly reformed the merger control regulations from 2011. In 2018, the CCI took it upon itself to further streamline the merger control regime to increase the ease of doing business in India.

The Supreme Court, in its much awaited judgment, has upheld the status of home buyers as financial creditors under the Insolvency and Bankruptcy Code 2016.

On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A. J.

On 9 August 2019, a three-judge bench headed by Justice Rohinton F Nariman of the Supreme Court of India (“Supreme Court”) upheld the constitutional validity of the amendment to the Insolvency and Bankruptcy Code, 2016 (“Code”) confirming the status of ‘financial creditors’ given to the allottees

Climate Change is for real - at least by now we all seem reasonably convinced it is. With rising global temperatures and the frequency of natural disasters, there is  a growing need to address climate change through effective revision and mitigation measures. 

After being the first ever instance of procedural consolidation under the Insolvency and Bankruptcy Code, 2016 (IBC), the corporate insolvency resolution process (CIRP) for the Videocon group has yet again witnessed a landmark order on 8 August 2019, when the Mumbai bench of the National Company

In this roundtable discussion, we explore the current transfer pricing landscape in Egypt, India and United States.

A significant development in its own right, the Code on Wages, 2019 (“Wages Code”) is an attempt by the Government of India to consolidate and simplify the existing multitude of labour laws in the country.

The Securities and Exchange Board of India (SEBI), vide its circular SEBI/HO/IFSC/CIR/P/2019/91 dated 9 August 2019 (Circular) extended a magnanimous helping hand to alternative investment funds (AIFs) set up in the International Financial Services Centre (IFSC) regime by harmonizing the provisio

This is in furtherance to our Ergo Updates dated 23 July 2018 and 28 August 2018, on monetary limits for filing of appeal by the Income-tax department (Department). Now, the Central Board of Direct Taxes (CBDT), vide circular No.

The Companies (Amendment) Act 2019 (Amendment Act) received presidential assent on July 31, 2019. The key change implemented in the amendment act is that the corporate social responsibility (CSR) spends are now mandatory in the case of eligible companies.

The government of Maharashtra recently increased the stamp duty inter alia for sale, gift and transfer, by 1% and there are possibilities of further hikes in stamp duty and registration charges looming.

The Mumbai bench of the Income Tax Appellate Tribunal (Tribunal), in the recent case of Essar Teleholdings Limited (Taxpayer), has allowed the Taxpayer's claim for set-off of short term capital loss (Loss) on sale of compulsory convertible debentures (CCDs) to its hold

With an aim to discourage cash transactions and move towards a cashless economy, the first budget of Modi Government 2.0 has proposed to levy TDS @2% on cash payments in excess of Rs.

Two-sided markets are a common feature of our daily life - be it a dating club, the insurance services market or a two-sided online platform - which connect suppliers and customers and create value through an intermediary platform.

Issues surrounding exclusive jurisdiction clauses have come up before Courts, time and again.

Recently, the Delhi High Court (Court), in the matter of Communication Components Antenna Inc (Plaintiff) Ace Technologies Corp.

As mentioned in our previous update, the Industries, Energy and Labour Department of Maharashtra (Maharashtra Labour Department) revised the basic rate of wages prescribed for employment in shops and commercial establishments in Maharashtra (S&E), by nearly twice the amount

On 25 July 2019, the Government of Telangana (Government) issued a notification (Notification) exempting all information technology enabled services (ITES) and information technology (IT) establishments in the state of Telangana from the coverage of sections 15, 16, 21, 23, 31 o

In the past few decades, with international trade and commerce on a rise, there has been a significant increase in commercial disputes amongst parties from different states.

On 1 August 2019, the Goa Legislative Assembly passed the Factories (Goa Amendment) Bill, 2019 (Goa Bill), which can be accessed here. The Goa Bill introduces certain significant changes to the Factories Act, 1948 (Factories Act) as applicable to Goa, which are set out below:

Recently, a division bench of the Hon’ble Supreme Court (Supreme Court) comprising Justices R. Banumathi and A.S. Bopanna, in the case of Brahmani River Pellets Ltd v Kamachi Industries Ltd (Civil Appeal No.

The High Court of Bombay (Bombay High Court) in its recent decision in Rata Tata and Ors. v State of Maharashtra and Anr. (Criminal Writ Petition No.

In its latest judgment on trade mark infringement, the Delhi High Court (Court) in the case of Suzuki Motor v Suzuki (India) Limited1, passed a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) against Suzuki (India) Limited (Defendant), as the D

Section 14 of the Insolvency & Bankruptcy Code 2016 (as amended) (IBC) imposes a moratorium on the institution of suits or continuation of pending suits or proceedings against a corporate debtor undergoing Corporate Insolvency R

In view of stakeholder comments and in order to provide a diverse source of funds, reduce stress and ease the liquidity crisis for corporates in certain sectors, the Reserve Bank of India (RBI) has relaxed the restrictions relating to external commercial borrowings (ECB) vide its press r

Welcome to the first edition of the E-bulletin brought to you by the Employment, Labour and Benefits (ELB) practice group. This E-Bulletin covers regulatory developments, case law updates and insights into industry practices that would impact business from a sector agnostic standpoint.

On 31 July 2019, the Companies (Amendment) Act 2019 (Amendment) received assent of the President of India.

Participation by International lenders and debt funds in the Indian market is tightly regulated by Reserve Bank of India's ("RBI") external commercial borrowing ("ECB") regime.

Participation by international lenders and debt funds in the Indian market is tightly regulated by Reserve Bank of India’s (“RBI”) external commercial borrowing (“ECB”) regime. These restrictions have limited secondary debt trading to defined channels and limited the end use of ECB loans.

The Scope and ambit of the definition of an employee under the Employees Provident Funds and Miscellaneous Provision Act 1952 (EPF Act) has come up time and again before the Courts in India.

On 24 July 2019, the Government of Haryana, through the Labour Commissioner, Haryana (Government), issued guidelines (Guidelines) wherein it has clarified that the Industrial Employment (Standing Orders) Act, 1946 (IESO Act) is applicable to shops and establishments covered by the Punjab Shops an

In MRF Limited v Metro Tyres Limited [C.S. (COMM) 753/2017 & I.A. 12770/2017], the Delhi High Court (Court) in an order dated 01 July 2019 interpreted the term 'copying' in context of the Copyrights Act, 1957 (Act) for cinematograph films.

In MRF Limited v Metro Tyres Limited [C.S. (COMM) 753/2017 & I.A. 12770/2017], the Delhi High Court (Court) in an order dated 01 July 2019 interpreted the term 'copying' in context of the Copyrights Act, 1957 (Act) for cinematograph films.

Joe Root has just dropped Rohit Sharma at second slip. While your heart that bleeds blue skipped a beat, your head did some quick math. Joe Root is part of your online fantasy team, and he hasn't done you any favours by dropping a sitter.

The duel between homebuyers and developers has become more intense, with the Supreme Court ruling in favour of 49,575 homebuyers in the projects being constructed by the Amrapali Group of Companies in Noida and Greater Noida area.

The Securities and Exchange Board of India (SEBI) by its circular of 19 July 2019 (Circular) has standardised the reporting of violations of the code of conduct (Code) formulated by listed companies, intermediaries and fiduciaries under the SEBI (Prohibition of Insider Trading) Regulations, 2015

In a batch of writ petitions (Civil Writ Petition No. 2915/2019 and others), the Hon’ble Rajasthan High Court (High Court) has held that the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act) is prospective in nature and cannot have retrospective effect (Judgment).

The scope and ambit of the definition of an employee under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) has come up time and again before the Courts in India.

With effect from 24 July 2019, the Industries, Energy and Labour Department of Maharashtra (Maharashtra Labour Department), revised the basic rate of wages prescribed for employment in shops and commercial establishments in Maharashtra.

It is common knowledge that arbitration provides greater flexibility and party autonomy compared with traditional litigation before the courts.

he SEBI (Prohibition of Insider Trading) Regulations 2015 (PIT Regulations) have been equipped with its recent round of amendments to play an increasing role in public M&A transactions.

The issuance of the Securities and Exchange Board of India  (Prohibition of Insider Trading) Amendment Regulations, 2018 (PIT Regulations) in December 2018 by the market regulator brought with it several amendments to the regulations including additional compliance requirements for listed c

The High Court of Delhi (High Court), in an important decision in CADD Systems and Services Private Limited v Competition Commission of India [Writ Petition (Civil) No 6661 of 2019)] dated 17 July 2019, has validated final orders (which are of adjudicatory nature) of the Competition Commission of

The division bench of the Supreme Court of India (Supreme Court) comprising of Hon’ble Mr Justice R F Nariman and Hon’ble Mr Justice Surya Kant, in its judgment dated 10 July 2019 in Gammon Engineers and Contractors Pvt Ltd v National Highways Authority of India, has inter alia

The Competition Commission of India is going that extra mile. CCI’s recent order on Maruti Suzuki shows that it’s now willing to look beyond agreements and into the actual conduct of companies

In Crocs Inc v Bata India (RFA(OS)(COMM) 22/2019 & CM App No 22655/2019, along with other connected matters against various defendants), a Division Bench of the Delhi High Court, in an interim decision on appeals filled by Crocs Inc, has held that a passing-off action relating to a "registere

The Securities and Exchange Board of India (SEBI) has observed that many statutory auditors of listed companies have abruptly resigned without completing their assignment for the year.

Public market transactions typically demand a high degree of certainty while navigating time-sensitive legal and regulatory hurdles. This demands robust structuring of the transaction preferably with in-built fail-safe mechanisms if overall commercial objectives are not met.

This Case Update provides  a brief analysis of the recent judicial decisions delivered by the Supreme Court of India (SC) and High Court of Bombay , on certain labour and employment matters pertaining to maternity/paternity leave in surrogacy cases, wage claims by absentee employees and communica

On 16 July 2019, the Government of Punjab (Government) issued a notification (Notification) allowing all establishments to remain open for 24 hours on all 365 days of the year, up to 31 May 2020.

Following the proposals put forward by the Union Minister of Finance and Corporate Affairs in the Union Budget 2019-20 (Budget), we take a look at some of the key takeaways which have the potential to deeply impact the investment funds industry in India.

In a Significant move, the Cabinet ministers of the Indian Government on 17 July 2019 cleared several amendments to the Insolvency and Bankruptcy Code 2016 (Code), which are proposed to be carried out through the Insolvency and Bankruptcy Code (Amendment) Bill, 2019 (Bill).

This Case Update provides a brief analysis of the recent judicial decisions delivered by the Supreme Court of India (SC) and High Court of Bombay, on certain labour and employment matters pertaining to maternity / paternity leave in surrogacy cases, wage claims by absentee employees and communica

The Reserve Bank of India (RBI) vide circular numbered RBI/2018-19/226 (FLA Circular) issued on 28 June 2019, introduced a web-based online reporting portal for submission of return on foreign liabilities and assets (FLA) in an effort to enhance the security level in data submission and fu

The Securities and Exchange Board of India (SEBI), in its meeting on June 27 this year, approved certain key changes which financial investors may factor in while structuring transactions with public listed companies and its promoters.

While Budget 2019-20 was welcomed in India Inc, the potential impact of the announcement regarding the increase in surcharge applicable to ‘individuals’ (with income exceeding Rs 2 crore) was only realised upon reading the fine print.

On 10 July 2019, the Union Cabinet approved introducing the Draft Code on Occupational Safety, Health and Working Conditions Bill, 2019 (2019 Code) in the Parliament during the current monsoon session.

In Tyagi v Union of India (CM APPLN 28273/2019 in WP (C) 6727/2019) , the Delhi High Court has dismissed a public interest litigation/writ petition that sought a stay on the release of Bollywood film Bharat.

Further to our Ergo Update on 4 July 2019, on the registration of the Internal Committee (IC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) in the States of Maharashtra and Telangana, we sought further clarifications from th

The Bombay High Court (Court), in its recent decision in Dinesh Jaya Poojary vs Malvika Chits India Pvt Ltd (Arbitration Petition No 549 of 2016), had the occasion to deal with the above question in a petition filed under Section 34 of the Arbitration & Conciliation Act 1996 (Arbitrati

The Union Budget 2020, announced on Friday, 5 July 2019, has proposed some significant changes for the insurance sector in India.

The tax rates and income slabs under the Income-tax Act, 1961 (IT Act) remain the same, other than the following proposed changes

The budget proposes a dispute resolution-cum-amnesty scheme titled ‘The Sabka Vishwas Legacy Dispute Resolution Scheme, 2019’ (Scheme) for faster settlement of litigation pending inter alia under the erstwhile Central Excise and Service Tax regime.

On 3 July 2019, the Union Cabinet approved the Code on Wages Bill 2019 (Wages Bill).

In a welcome move towards enabling issuance and listing of shares with differential voting rights in India, the Securities and Exchange Board of India (SEBI) at the meeting of its board on 27 June 2019 approved a framework for enabling listing in India of companies with dual classes of shares, i.

The Board of the Securities and Exchange Board of India (“SEBI”), at their meeting held on 27 June 2019, has approved several changes to the regulations applicable to listed entities.

As per the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) read with the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Rules 2013 (Rules), every employer including Government/Non-Government organisation employing ten or more employees i

The Securities and Exchange Board of India (SEBI) vide its circular dated 1 November 2018 (SEBI Circular) laid down the roadmap for shortening the timeline for listing in a public issue, from the existing framework of T+6 working days, to 3 working days from the date of issue closure.

The Union Budget may be around the corner. But the task force set up by the finance ministry on the new direct taxes code (DTC) is scheduled to submit its draft by July 31.

On 5 June 2019, the Government of Tamil Nadu (Government) published a notification to bring into effect the relevant government order dated 28 May 2019 (Notification) granting exemption to all shops and establishments having ten (10) or more employees from complying with sections 7(1) and 13(1) (

With the Narendra Modi led NDA government returning to power for a second term with a roaring majority, it is likely that stability and continuity in terms of long-term policies will benefit the economic environment in India.

On 7 June 2019, the Reserve Bank of India (RBI) issued a revised prudential framework for resolution of stressed assets (RBI Framework) which filled the void in the pre-insolvency and Bankruptcy Code, 2016 (IBC) restructuring regime after the Sup

Pursuant to a government order dated 11 June 2019 (GO), the Government of Karnataka (Government) has discontinued the requirement of renewing the registration obtained under the Karnataka Shops and Commercial Establishments Act 1961 (Karnataka S&E Act).

The CBDT (Central Board of Direct Taxes) has issued Guidelines for Compounding of Offences under Direct Tax Laws on 14 June 2019 (2019 Guidelines).

Appellant Ssangyong's bid for the respondent National Highways Authority of India's four-lane bypass project was accepted in 2005.

In Sun Pharma Laboratories Ltd v Ajanta Pharma Ltd (CS (COMM) 622/2018 & IA 12663/2014), the Delhi High Court has held that the strict similarity test laid down for pharmaceutical brands in the Indian Supreme Court's decision in Cadila Pharmaceuticals also applies to nutraceutical brands. 

A single judge of the Hon’ble Bombay High Court (S.J. Kathawalla, J.) (Court) in Reliance General Insurance Co v Colonial Life Insurance Co (Comm Suit No.

The Government of India (Union Cabinet) has approved the ratification of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) and India’s final position to the same.

On 13 June 2019, the Ministry of Labour and Employment, Government of India, issued a notification (Notification) amending Rule 51 of the Employees’ State Insurance (Central) Rules 1950 to reduce the rate of the contribution required to be made under the Employees’ State Insurance Act 1948 (ESI A

The Indian fintech industry is rapidly evolving to provide innovative technologies in the financial services sector.

United States (US) by way of a Presidential Proclamation dated 31 May 2019 has revoked, effective from 5 June 2019, the ‘beneficiary developing country’ status accorded to India under the ‘Generalised System of Preferences’ (GSP) since 1975.

On 24 March 2019, the Securities and Exchange Board of India (SEBI) released a report on redrafting the SEBI (Foreign Portfolio Investors) Regulations 2014 (FPI Regulations) by the Working Group constituted under the chairmanship of Harun R Khan (HR Khan Report), for public comments.

The Reserve Bank of India (RBI) issued a revised prudential framework for resolution of stressed assets on 7 June 2019 (Revised Circular) in supersession of the erstwhile circular on Resolution of Stressed Assets dated 12 February 2018 (Feb 12 Circular) which was struck down by the Hon’ble Suprem

The Competition Commission of India (CCI) recently published its order granting a conditional approval to the combination between Larsen & Toubro Limited (L&T), Schneider Electric India Private Limited (SEIPL) and MacRitchie Investments Pte. Ltd.

On 25 May 2019, the Government of Karnataka (Government) issued a notification(Notification) extending the exemption granted to knowledge-based industries – including information technology (IT), information technology enabled services (ITES), start-ups, animation, gaming, computer graphics, tele

The Hon’ble Supreme Court, vide its order dated 29 May 2019, while refusing to interfere with the order of the Bombay High Court, has held that the position regarding the arrest provisions under Central Goods and Services Tax Act, 2017 (CGST Act) and the corresponding state goods and ser

In yet another judicial pronouncement, which comes as a shot in the arm for the fledgling online gaming industry, the Bombay High Court recently upheld the legality of online fantasy sports gaming.

In Cargil India Private Limited v M/s. M.M. Oil Enterprises(Notice of Motion No 1107 of 2019 in COMIP No. 425 of 2017), the Bombay High Court (Court) has once again passed a notable order whereby the Court imposed a sentence of 8 weeks simple civil imprisonment upon the proprietor of M/s. M.M.

In a recent judgement, the Division Bench of the Delhi High Court (Court), decided on the two appeals filed by Bayer Corporation (Bayer) - one from the decision of the Learned Single Judge in a writ petition, filed by Bayer against the Natco Pharma Limited (Natco) (Bayer Corporation v Un

The Government of Kerala has introduced a cess as per clause 14 of the Kerala Finance Bill, 2019 called the “Kerala Flood Cess”.  Effective Date: The Kerala Flood Cess would be effective from the 1 June 2019 and will be in effect for a period of two years.

The Hon’ble High Court of Orissa, vide its order dated 17 April 2019 (Order), in in Safari Retreats Private Limited v Chief Commissioner of Central Goods & Service Tax [W.P.

The Bombay High Court (Court) recently pronounced a ruling (Indostar Capital v Asst. Commissioner of Income Tax, Writ Petition No. 3296 of 2018) in favour of the Taxpayer (Indostar Capital).

The Gujarat Shops &amp; Establishments Act 1948 (Old Act) stands repealed with the notification of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act 2019 (New Act) on 1 May 2019 (Effective Date) by the Government of Gujarat.

The Reserve Bank of India (RBI) issued a notification on 25 April 2019 allowing foreign portfolio investment (FPI) in municipal bonds (Muni Bonds). This was followed by a notification by the Securities and Exchange Board of India on 8 May 2019 also allowing FPI in Muni Bonds.

India’s capital market regulator, the Securities and Exchange Board of India (SEBI) notified the SEBI (Infrastructure Investment Trusts) Regulations, 2014 (InvIT Regulations) and the SEBI (Real Estate Investment Trusts) Regulations, 2014 (REIT Regulations) in September 2014 with a view to increas

Hindustan Sanitaryware: Supreme Court verdict on the validity of the minimum wages notification issued by the Government of Haryana...

Koninlijke Philips NV (Phillips) filed two suits for infringement of registered design, infringement of copyright, passing off and unfair competition against Nova Manufacturing Industries, BESTCO LLC and Omni Exim Private Limited (Defendants) with regard to the registered design, trade dress and

The question that arose before the Supreme Court in the appeal in Garware Wall Ropes Ltd vs Coastal Marine Constructions & Engineering Ltd, Civil Appeal No 3631 of 2019 (present case) was whether the earlier judgement of the Supreme Court in the case of SMS Teas Estates (P) Ltd Vs Chandmari T

The Bombay High Court has passed an unprecedented order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr (Notice of Motion (L) No 810 of 2019 in COMIP (L) No 383 of 2019) imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plain

The Competition Commission of India (CCI) closed a case involving allegations of Resale Price Maintenance (RPM) against Kaff Appliances (India) Private Limited (Kaff).

Recently, the Chennai Bench of the Income Tax Appellate Tribunal (Tribunal) in the case of M/s Nissan Motor India Pvt Ltd vs DCIT [ITA No.

The Kotak Committee Report on Corporate Governance had recommended certain changes to the regulatory regime for group audit.

The division bench of the Supreme Court of India (Supreme Court) comprising of Hon’ble Justice Dr D.Y.

On 26 March 2019, in the matter of Modern Transportation Consultation Services Private Limited & Anr. v Central Provident Fund Commissioner Employees Provident Fund Organisation & Ors. (Civil Appeal No.

Close on the heels of overhauling the external commercial borrowing regime in India, the Reserve Bank of India (RBI) released a revised framework on the extant policy on trade credits (Trade Credits) vide its circular titled “Trade Credit Policy – Revised Framework” dated 13 March 2019 (Revised F

The Bengaluru bench of the Income-tax Appellate Tribunal (ITAT) vide order dated 28 February 2019, held that consideration received by non-resident entity from an Indian company for performing management services cannot be taxed as ‘fees for technical services’ (FTS) in the absence of a specific

The Supreme Court, in its recent judgment in ICOMM Tele Ltd.

The issue of compounding of non-compoundable offences by a high court in exercise of its inherent power under Section 482 of the Code of Criminal Procedure (CrPC) has been addressed by the Supreme Court of India (Supreme Court) in a catena of decisions.

On 8 February 2019, the Ministry of Corporate Affairs (MCA) released the Companies (Significant Beneficial Owners) Amendment Rules 2019 (New SBO Rules) to revise and amend the Companies (Significant Beneficial Owners) 2018 (Old SBO Rules).

In M/s HDFC Property Fund v Income Tax Officer, the Mumbai bench of the Income Tax Appellate Tribunal (Tribunal) has, through an order dated 28 February 2019, ruled in favour of the taxpayer, a SEBI registered Venture Capital Fund (VCF) upholding its ‘pass-through’ status.

Recently, in the case of Giriraj Garg v Coal India Limited and Others (Civil Appeal No.

The Reserve Bank of India (RBI), in its Statement on Developmental and Regulatory Policies dated  5 October 2018 recognised that while several measures had been undertaken in the recent past to facilitate foreign portfolio investment (FPI) in the Indian debt market, additional liberalized regimes

In the case of Shrivardhan Mohta v Union of India [W.P. No.

Amidst the on-going hue and cry around the hotly debated ‘angel tax’ issue, the Department for Promotion of Industry and Internal Trade (DPIIT) had recently issued a notification (No. GSR 127(E) dated 19 February 2019) superseding its earlier notification.

The President of India has promulgated the Banning of Unregulated Deposit Schemes Ordinance on 21 February 2019 (Ref: No. 7 of 2019) (Ordinance). The Central Government had tabled a bill in the Lok Sabha (lower house of the Indian Parliament) which proposed to ban unregulated deposit schemes.

In its 33rd meeting held on 24 February 2019, the GST Council has recommended reduction in GST rates for under-construction residential properties.

A Bench of Hon’ble Justices Arun Mishra and Navin Sinha of the Hon’ble Supreme Court vide judgement dated 28 February 2019 in the case of The Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir & Ors.

The Hon’ble Supreme Court of India (Supreme Court) in its judgment, in M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. [Civil Appeal No.

On 22 January 2019, the National Green Tribunal, Principal Bench, New Delhi (NGT)  in the case of Saloni Singh & Anr v Union of India & Ors (OA No.

The Reserve Bank of India (RBI) through its circular dated 15 February 2019 (RBI Circular) relaxed one of the restrictions imposed on foreign portfolio investors (FPIs) while investing in the Indian debt market.

Applicability and Deadline: Every company incorporated on or before 31 December 2017 is required to file e-form ACTIVE (Active Company Tagging Identities and Verification) on or before 25 April 2019.

On 1 January 2019, the Ministry of Commerce and Industry (MCI) vide Press Note No.1 of 2019 Series (Press Note 2019) specified the list of defence items under the Industries (Development and Regulation) Act, 1951 (IDRA) and the list of arms and ammunitions requiring license under Form VII of the

On 25 January 2019, the Supreme Court of India (Supreme Court) delivered its judgment (Judgment) in Swiss Ribbons Pvt. Ltd. v. Union of India (Swiss Ribbons).

On 11 February 2019, the Supreme Court dismissed the Civil Appeal bearing No. 1484 of 2019 filed by Rai Bahadur Shree Ram and Company Pvt. Ltd.

On 8 February 2019, the Ministry of Corporate Affairs (MCA) released the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (New SBO Rules) to revise and amend the Companies (Significant Beneficial Owners), 2018 (Old SBO Rules).

The development of the International Financial Service Centre (IFSC) has been gaining significant momentum after a relatively sluggish start.

In what appears to be another step towards increasing the efficacy of the insolvency resolution process in India, the Reserve Bank of India (RBI), further relaxed the regime on external commercial borrowings (ECBs) in India by way of a circular dated 7 February 2019 (New ECB Circular).

On 4 February 2019, the Gujarat High Court, in the case of Yasho Industries Limited, Cosmo Films Limited and Gujarat Fluorochemicals Limited quashed the pre-import condition for advance authorisation scheme. The summary of this landmark decision argued by us is provided below:

The Reserve Bank of India (“RBI”) issued a statement on 7 February 2019 containing certain proposed regulatory policy measures for the deepening of the financial markets in India.

In the interim budget 2019 (Interim Budget) presented by the Finance Minister on 1 February 2019, the measures taken by the Government of India (Government) in the past few years for the benefit of different categories of workers were highlighted.

All issuance and transfers of ‘securities’ will be subject to stamp duty (i.e.

Today, in the wake of the General Elections slated to be held in May 2019, the Government of India (Government) presented the Interim Budget 2019 (Budget) The Hon’ble Finance Minister, whilst presenting the Budget, recounted some of the major achievements and initiatives undertaken by the Governm

The Interim Budget 2019 did not propose any changes with respect to Indirect Tax. After the rollout of Goods and Services Tax (GST) in July 2017, the Annual Budget has lost its relevance in as much as it relates to GST.

The S1. upreme Court dismissed an appeal by the CCI challenging an order of the High Court of Bombay (High Court) in a matter alleging cartelisation by telecom companies Bharti Airtel Limited, Vodafone India and Idea Cellular Limited (collectively, IDOs).

2018 has been a tumultuous year for Foreign Portfolio Investors (FPIs) with each quarter bringing about significant changes in their investment regime. Arguably, the clubbing of their investment limits has wreaked the most havoc of all such changes.

On 8 January 2019, the National Company Law Appellate Tribunal (NCLAT) delivered a landmark judgment in Ferro Alloys Corporation Limited v Rural Electrification Corporation Limited (Comp. App (AT) (Ins) No. 92 of 2017) and other connected appeals.

In a much-anticipated order, the Indian Supreme Court on 25 January 2019 upheld the constitutional validity of the Insolvency and Bankruptcy Code, 2016 (IBC or Code) while ruling on several key aspects of the law.

The Supreme Court in the recent case of Anand Kumar Mohatta and Anr v State (Government of NCT of Delhi) (Criminal Appeal No 1395 of 2018) decided on 15 November 2018 has held that there is no bar to the maintainability of a quashing petition under section 482 of Criminal Procedure Code, 1973 (CR

In view of the Central Government’s objective of improving “ease of doing business” in India, the Reserve Bank of India (RBI) announced a new framework for external commercial borrowings (ECB) on 16 January 2019 liberalising the current ECB policy (the Revised ECB Framework).

The external commercial borrowing (“ECB”) regime is one of the central pillars of India’s exchange control regime and it tightly regulates loans between international lenders and Indian borrowers. Historically, a number of these requirements presented difficulties for international lenders.

Vide a recent judgment dated 3 January 2019 in the matter of Government of Haryana PWD Haryana (B and R) Branch v M/s G F Toll Road Pvt Ltd & Ors (Civil Appeal No. 27/2019 in S.L.P. (C) No.

The Securities and Exchange Board of India (SEBI) delivered on its commitment to bring transparency, objectivity and consistency to the SEBI (Prohibition of Insider Trading) Regulations 2015 (Insider Trading Regulations) while implementing recommendations of the Report of the Committee on Fair Ma

In its judgement dated 7 January 2019 (Wockhardt Limited & Anr v Union of India – Writ Petition 9739 of 2018), a single Judge of the Delhi High Court  (High Court) has set aside the impugned notification dated 7 September 2018 which had prohibited the manufacture, distribution and sale of a p

In the case of Sabha Shanker Dube v Divisional Forest Officer (Civil Appeal No 10956 of 2018), a division bench of the Supreme Court of India (Supreme Court) comprising of Mr. Justice S A Bobde and Mr.

The Karnataka Appellate Authority for Advance Rulings (AAAR) has upheld the ruling of the Karnataka Authority for Advance Rulings (AAR) in the application filed by Columbia Asia Hospitals Pvt. Ltd. (Applicant).

On 14 December 2018, the special bench of the Hon’ble High Court of Delhi, comprising five judges (Special Bench), delivered a landmark judgment in Carlsberg Breweries a/s v Som Distilleries and Breweries Limited, C.S.(COMM) 690/2018 on the maintainability of a composite suit of design infringeme

The Supreme Court of India (Supreme Court), vide its judgment in M/s Emaar MGF Land Limited v Aftab Singh (Review Petition (C) Nos 2629-2630 of 2018 in Civil Appeal Nos 23512-23513 of 2017), has conclusively decided that if a dispute brought before the consumer forum (consumer dispute/s) arises f

The Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce and Industry, Government of India has issued Press Note No 2 (2018 Series) on 26 December 2018 (PN 2 of 2018).

On 17 December 2018, the Hon’ble Bombay High Court (Court), in Ravi Arya & Ors v. Palm View Overseas Limited & Ors, passed an important order in relation to an anti-arbitration injunction sought by the Plaintiffs in the matter, against an arbitral proceeding seated in Mumbai.

Presently, India does not have an estate duty. The Estate Duty Act, 1953 which sought to impose an estate duty in India on property passing on demise was repealed in the year 1985. Is the estate duty a relic of the past? Rumours are rife that an estate duty will soon be re-introduced in India.

In a recent case of The Assistant Commissioner of Income Tax Vs.

The Bangalore bench of the Income Tax Appellate Tribunal (Tribunal) in a recent case of M/s Jupiter Capital Pvt. Ltd.

On 7 December 2018, the Securities and Exchange Board of India (SEBI) issued circular No SEBI/HO/CFD/CMD1/CIR/P/2018/0000000149 (Circular) to modify Circular No.

The state of Bihar, after Odisha, now becomes the state to have imposed a complete ban on the use of plastic. The Bihar State Government, in exercise of the powers delegated under Notification No- S.O.

India has witnessed an unprecedented growth in the domain of investment funds, at a global level. The Indian fund legal and regulatory regime has exhibited dynamic promptitude in accommodating a wide variety of investors and fund managers.

The Chennai Bench of the Income Tax Appellate Tribunal (Tribunal) in a recent ruling in Dr. Muthian Sivathanu v Assistant Commissioner of Income-tax [ITA No.

The Ministry of Commerce and Industry has published Draft Patent (Amendment) Rules, 2018 (Draft Rules) for objections and suggestions. The key highlights of the Draft Rules are broadly set out below:

On 5 December 2018, the Supreme Court dismissed an appeal by the Competition Commission of India (CCI) challenging a Bombay High Court order in a matter alleging cartelisation by telecom companies Airtel, Vodafone and Idea (collectively, the IDOs).

On 16 November 2018, the Securities and Exchange Board of India (SEBI), by way of the SEBI (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2018 (Amended Regulations) has amended and replaced Regulation 31A of SEBI (Listing Obligations and Disclosure Requirements)

The Securities and Exchange Board of India (SEBI), through a notification dated 30 November 2018, has introduced the SEBI (Settlement Proceedings) Regulations, 2018 (Settlement Regulations).

Recently, the Mumbai bench of the Income Tax Appellate Tribunal (Tribunal) has ruled that the conversion of a private company into a limited liability partnership (LLP) shall be considered as a taxable “transfer” attracting capital gains tax under the Income-tax Act, 1961 (IT Act), unless certain

The government and the regulators in tandem have introduced a slew of coordinated measures to reduce dependence on the banking system and strengthen the Indian corporate bond market.

Leasing of aircrafts is a prevalent market practice in the aviation industry, and all existing airline operators in India have currently leased a significant number of aircrafts in their fleet.

In a recent decision, the Karnataka High Court considered whether a Judge, other than the Judge of a High Court, is empowered to delegate the duty of examining and impounding any instrument under Section 33 of the Karnataka Stamp Act, 1957 (Act) to any other officer.

The Maternity Benefit Act 1961 (MB Act) was amended vide the Maternity Benefit (Amendment) Act 2017 (2017 Amendment). Under the 2017 Amendment, setting up a creche was made mandatory for all establishment employing 50 (fifty) or more employees.

The Securities and Exchange Board of India (SEBI) has issued regulations dated 14 November 2018 (Ref: No. SEBI/LAD-NRO/GN/2018/46) (Amendment Regulations) further amending the Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2009 (Delisting Regulations).

Recently, the Competition Commission of India (CCI) released a policy note titled Making Markets Work for Affordable Healthcare (Policy Note).

The Hon’ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr.

On 8 November 2018, the Competition Commission of India (Commission) passed a common order (Order) to dispose of 10 sets of information (Information) filed against GAIL (India) Limited (Gail) by some of its Regasified Liquified Natural Gas customers (Informants).

In the United States, settlement of securities issued pursuant to a public issue takes place within 3 days from the issue closure.

The Delhi High Court, vide its judgment in the case of Vodafone Mobile Services Limited v Commissioner of Service Tax, Delhi (2018-VIL-506-DEL-CE), dated 31 October 2018 has allowed CENVAT credit on telecom towers and related shelters, accessories, etc., thereby taking a contradictory position to

Several committees stretching back to 2002 had observed that the erstwhile Companies Act, 1956 contained penalties which were rather nominal and easily compoundable. Hence, the Companies Act, 2013 (Act) deliberately made serious offences such as fraud etc., non-compoundable.

In its recent decision in the matter of M/s Caravel Shipping Services Private Limited v M/s Premier Sea Foods Exim Private Limited (C.A. No.-010800-010801 of 2018 in SLP (C) Nos.

On 2 November 2018, the Delhi High Court (High Court), in Christian Louboutin SAS v Nakul Bajaj and Others (Civil Suit No.

The Supreme Court allowed the appeals filed by 45 liquified petroleum gas cylinder manufacturers, setting aside CCI orders and order of the former Competition Appellate Tribunal (COMPAT), which had held that the manufacturers indulged in bid rigging in the tender floated by the Indian Oil Corpora

After days of prolonging uncertainty amongst telecom service providers (TSPs) with regard to the use of Aadhaar based e-KYC for verification and reverification of subscriber in wake of the Supreme Court (SC)’s judgment dated 26 September 2018 (Aadhaar Judgment), the Department of Telecommunicatio

The Insurance Regulatory Development Authority of India (IRDAI) has issued a circular ref. IRDAI/NL/CIR//MOTP/170/10/2018 dated 9 October 2018 (Revised Circular) providing certain clarifications regarding the implementation of Compulsory Personal Accident (CPA) insurance for owner drivers.

On 11 October 2018, the Supreme Court (Court) vide its judgment in B.K. Educational Services Private Limited v Parag Gupta and Associates (Civil Appeal No.

The state of Odisha has joined the growing list of states to have introduced plastic ban in some form. An overwhelming 23 states in India thus have some form of regulation on the use of plastic.

On 11 October 2018, the Supreme Court of India (Supreme Court), in Vedanta Limited v Shenzen Shandong Nuclear Power Construction Company Limited (Civil Appeal No.

The Securities and Exchange Board of India (SEBI) in its meeting held on 18 August 2018, besides reviewing the total expense ratio of the mutual fund schemes and agreeing to introduce united payment interface with ASBA facility for public issues, has also paved the way for further stimulating the

The Insolvency and Bankruptcy Board of India (IBBI) amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) for the fourth time in 2018 on 5 October 2018 through the IBBI (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) R

In a long awaited move, the Ministry of Corporate Affairs (MCA) has notified the provisions of the Companies (Amendment) Act, 2017 (CA Amendment Act), relating to managerial remuneration, which are now in force with effect from 12 September 2018.

A division bench of the Hon’ble Supreme Court of India (the Court), consisting of Mr. Justice N V Ramana and Ms.

The Competition Commission of India (CCI) notified the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2018 on 9 October 2018 (Amendment Regulations).

A three-judge Bench of the Hon’ble Supreme Court of India (Supreme Court) has by its judgment dated 25 September 2018 in Union of India v Hardy Exploration and Production (India) Inc, (Civil Appeal No.

The Maternity Benefit Act, 1961 (MB Act) was amended vide the Maternity Benefit (Amendment) Act, 2017 (2017 Amendment) to grant certain additional benefits to eligible women employees.

A division bench of the Hon’ble Supreme Court of India (the Court) consisting of Mr. Justice Abhay Manohar Sapre and Mr. Justice S. Abdul Nazeer has, in the case of Rajasthan State Road Transport Corporation v Phool Chand (Rptd.

On 26 September 2018, after marathon hearings over four months, a five judge constitution bench of the Supreme Court comprising of Hon’ble Chief Justice Deepak Mishra, Hon'ble Justice A K Sikri, Hon’ble Justice A M Khanwilkar, Hon’ble Justice D Y Chandrachud and Hon’ble Justice Ashok Bhushan uphe

With the FPIs on tenterhooks since the issuance of the now famous, or rather infamous, circular dated 10 April 2018 (April 10 Circular), following the submission of the report[1] by the working group under the Chairmanship of Shri H R Khan (Working Group) and in-principle acceptance of their reco

On 6 September 2018, a five-judge constitution bench of the Supreme Court of India pronounced its verdict on the constitutional validity of Section 377 of the Indian Penal Code, 1860 (IPC) in the case of Navtej Singh Johar & Ors. v Union of India (Writ Petition (Criminal) No.

While answering a question on dematerialisation of shares of unlisted companies during the Question Hour session of the Lok Sabha on 29 December 2017, the Ministry of Corporate Affairs (MCA) had expressed its intention of making it mandatory for unlisted public companies to issue shares in demate

The Hon’ble Supreme Court of India (Supreme Court) in its recent judgment M/s Shriram EPC Limited v Rioglass Solar SA dated 13 September 2018, has put to rest the issue qua enforcement of foreign awards without being stamped (stamp duty need not be paid).

The Ministry of Finance, vide Notification No. 50/2018-Central Tax and Notification No.

On 30 August 2018, the Ministry of New and Renewable and Energy, Government of India (MNRE), amended the guidelines for setting up grid connected solar photovoltaic power projects under the viability gap funding scheme of 750 MW under Batch I of Phase II, 2000 MW under Batch III of Phase II, and

In Fermat Education v Sorting Hat Technologies P. Ltd. [CS(OS) 330 of 2018], the Madras High Court (Court) dealt with a copyright infringement dispute relating to educational materials uploaded on an intermediary platform.

The Income Tax Appellate Tribunal, Delhi (ITAT) in the case of Deputy Commissioner of Income Tax v M/s BS Infosolution Private Limited (ITAT Order dated 23 August 2018) rejected the taxpayer’s claim for setting-off long term capital loss (Loss) arising on sale of unlisted shares against long term

Based on the Companies (Amendment) Act, 2017, the Companies Act, 2013 was amended to introduce new filing requirements by “Significant Beneficial Owners”.

The Supreme Court in its recent decision in K Kishan v M/s Vijay Nirman Company Private Limited, Civil Appeal No 21825 of 2017, has put to rest the question of whether an arbitral award that has been challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) by the award debt

Recently, the provisions of the Integrated Goods and Services Tax Act, 2017 (IGST Act), the Central Goods and Services Tax Act, 2017 (CGST Act), the Union Territory Goods and Services Tax Act, 2018 (UTGST Act) and the Goods and Services Tax (Compensation to States) Act, 2017 have been amended by

A division bench of the Supreme Court of India (Court), comprising of Justice Madan Lokur and Justice S. Abdul Nazeer, has, In Re: Outrage as Parents End Life After Child’s Dengue (SMW (c) No.

The Multiplex Association of India (MAI) and PVR Limited (PVR) (collectively, the Petitioners) challenged the following two orders issued by the Controller of Legal Metrology (Controller), an authority appointed under the Legal Metrology Act, 2009 (Act), in Writ Petition No.

On 27 August 2018, the Ministry of Civil Aviation, Government of India (GOI) released the National Drone Policy, 2018 version 1 (Drone Policy), comprising of: (a) Civil aviation requirements (CARs) of civil remotely piloted aircraft system (RPAS); (b) FAQs on operation of RPAS; and (c) Do’s and D

On the anvil of the proposed amendment in the Arbitration and Conciliation Act, 1996 (Act), on 20 August 2018, the Supreme Court of India in Emkay Global Financial Services Ltd. v.

The Trade Unions Act, 1926 (Act) provides for the constitution and registration of trade unions in India.

The Madras High Court (Court) recently ruled in favour of the Taxpayer (M/s WABCO India Limited v. The Deputy Commissioner of Income-tax, W.A.No. 884 of 2018 and C.M.P Nos.

A full bench of the Hon’ble Supreme Court of India (the Court) in the case of United India Insurance Co Limited v Hyundai Engineering and Construction Co Ltd & Ors (Civil Appeal no 8146 of 2018) has clarified that the observation “After Amendment Act 3 of 2016, as per the amended provision of

The Authority of Advance Ruling (AAR) in the state of Karnataka, in its order in Columbia Asia Hospitals Private Limited (the Applicant) dated 27 July 2018, made critical observations concerning the taxability of employee cost at a corporate office under Goods and Services Tax (GST).

Recently, the Central Board of Direct Taxes (CBDT) vide circular (Circular) dated 11 July 2018 (please access our newsflash on this Circular by clicking here had revised the monetary thresholds of the ‘tax effect’ on matters, below which an appeal should not be filed by the Income-tax Department