Articles

Customs, DGFT and Section 28AAA: A clarification that creates confusion

The article discusses recent CBIC Instruction No. 17/2026-Cus., which permits Customs adjudication under Section 28AAA in certain circumstances without prior DGFT invalidation of licences or scrips.

Rohan Muralidharan+104 Nov 2026

Customs All Industries

Judicial clarity on interest deferment under MOOWR: A review of Rajasthan HC decision in Commissioner v. Acme Aklera Power Technology

The article examines the Rajasthan High Court’s recent decision on interest demands for unused goods imported under MOOWR and cleared ‘as such’. It explains that Section 61(2) of the Customs Act, 1962 applies only to goods under Section 61(1)(c), not qualifying manufacturing goods under clauses (a) and (b).

Ratan Jain+104 Nov 2026

Securities Law All Industries

Manager’s/Sponsor’s obligation to maintain minimum continuing interest – Obstacles to compliance with SEBI’s requirements

In the months of July, August and October, SEBI passed a few settlement orders with respect to alleged violations of SEBI regulations relating to the obligation of the Manager or the Sponsor of the AIF. The article reviews one of such settlement orders passed by SEBI and discusses the various obstacles faced by AIFs and their Managers and Sponsors in complying with SEBI’s regulations for a minimum commitment by the Sponsor or the Manager of an AIF.

Vinod Joseph+330 Oct 2026

General Corporate All Industries

IFSCA imposes certification requirements to enhance cyber security

The article discusses the IFSCA circular which was issued on 27 October 2026 to impose certification requirements to strengthen cyber security framework. These guidelines require boards and senior management to have adequate cyber risk knowledge and mandated regular employee training.

Vinod Joseph+230 Oct 2026

General Corporate Financial Services

SEZ Rules amended to ease regulatory burden for funds in GIFT-IFSC

The article discusses the Special Economic Zones (Fourth Amendment) Rules, 2026 which has been notified by Ministry of Commerce and Industry to ease regulatory burden of funds. The changes made by the Amendment Rules are relevant for funds and Fund Management Entities (‘FME’) established in an International Financial Services Centre (‘IFSC’).

Vinod Joseph+127 Oct 2026

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Private Equity & VC All Industries+1
Gross negligence and wilful misconduct in investment transactions
The article infers that gross negligence and wilful misconduct, while related, are distinct legal concepts. Pointing out various recommendations to the investors to safeguard against the risks posed by these, the authors note that it is imperative for investors to carefully negotiate and finalize transaction documents that include these terms as defined ‘cause’ events.
Dikshita Damodaran+129 Apr 2025
Mergers & Acquisitions All Industries+1
Budget 2025: Rationalising Fast Track Mergers
The article discusses extended category of companies allowed under the Fast Track Merger. Elaborately analysing all the four categories with diagrams, the authors note that the amendment seeks to cover more categories of companies under the FTM process.
Navyashree R +129 Apr 2025
Data Protection & TMT All Industries
Role of Consent Managers: Insights from the Draft Digital Personal Data Protection Rules
The article discusses the defined role, responsibilities and operational contour of a consent managers as provided in the recently issued draft Digital Personal Data Protection Rules, 2025.
Aryashree Kunhambu23 Apr 2025
Direct Tax All Industries
Section 194T – A new compliance frontier for partnership firms and LLPs
The article discusses the scope, applicability and key interpretational challenges of Section 194T of the Income-tax Act, 1961 which was inserted by the Finance (No. 2) Act, 2024. According to the authors, this represents a pivotal shift in the tax regime governing payments made by partnership firms and LLPs to their partners but, has number of interpretational issues.
Ravi Sawana+121 Apr 2025
Intellectual Property All Industries+4
Not all marks are created equal: The curious case of distinctiveness
The article discusses how the Courts are increasingly realizing that distinctiveness in trademarks may not necessarily be inherent, it can also be created via use. It examines these changing interpretations, concentrating on significant rulings that have influenced India’s trademark protection laws.
Divya Vishvapriya+117 Apr 2025
Intellectual Property All Industries+4
The Risdiplam saga: Delhi High Court adjudicates patent infringement suit between Roche and Natco
The article discusses a recent decision of the Delhi High Court in a patent infringement suit between Roche and Natco. The authors believe that the decision, particularly the analysis of inventive step, may be wanting, especially in applying the concept of ‘bioisosterism’.
Vindhya S. Mani+217 Apr 2025
General Corporate All Industries
RBI releases Draft Trade Regulations and Directions 2025 governing export and import
As a part of enhancing the ease of doing business and for providing greater flexibility to exporters and importers, the Reserve Bank of India (‘RBI’) proposes to rationalise the export and import regulations
Asish Philip Abraham+216 Apr 2025
BIS All Industries
Ensuring compliance: Enforcement and search & seizure powers of the Bureau of Indian Standards
The search and seizure powers vested in BIS play a crucial role in ensuring the integrity of products available in the Indian market. The article highlights the legal framework, procedural aspects, and case studies relating to enforcement mechanisms and search & seizure powers of the Bureau of Indian Standards.
Anjali Hirawat+214 Apr 2025
International Trade and WTO Metals+1
Quantitative restrictions on imports of metallurgical coke affirmed
The Delhi High Court has recently held that quantitative restrictions imposed under Section 9A of the Foreign Trade (Development and Regulation) Act, 1992 are not subject to the transitional arrangements outlined in Paragraph 1.05(b) of the Foreign Trade Policy. The article notes that the improbability of relying on pre-existing Irrevocable Commercial Letters of Credit in instances where safeguard investigations are ongoing or anticipated, will lead to greater unpredictability.
Ankur Sharma+109 Apr 2025
General Corporate Hospitality
Supreme Court expands definition of 'manufacturing process'
This article analyses the judgment, the Supreme Court's observations, and its impact and implications that businesses, typically restricted to service-oriented activities, must take note of.
Pooja Vijayvargiya+107 Apr 2025
International Trade and WTO All Industries
Reciprocal Tariffs by the US: Impacts and strategies for India
Reciprocal tariff is a type of tariff where one country imposes a tariff on imports from another country, and in response, the second country imposes a similar tariff on imports from the first country. In this article the author discusses the reciprocal tariffs by the US and what are the impacts and strategies for India.
Devinder Bagia07 Apr 2025
Employment Law All Industries
The conundrum of ‘appropriate government’ under labour laws for CPSUs
The article discusses elaborately the issue of ‘appropriate government’ under the labour laws concerning the Central Public Sector Undertakings. Discussing the prevailing controversy, the author notes that the ambiguity or overlapping of jurisdictions is expected to be rectified once the longstanding Labour Codes are implemented.
Kumar Panda04 Apr 2025

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