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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Direct Tax All Industries
Pandora’s box of income-tax implications arising from 2014 amendment to Employee Pension Scheme
The article discusses certain unforeseen income-tax implications, on the monies that would be contributed to the Pension Fund, as well as monies that would be receivable from the Pension Fund and Provident Fund. The discussion is limited to the income-tax liability in the hands of the employees on, transfer of balances from PF Scheme to Pension Scheme, contribution to the Pension Scheme from PF Scheme, and on receipt of pension from the Pension Scheme at the time of retirement.
Samyak Navedia20 Dec 2024
Intellectual Property All Industries+4
The number game – Alphanumeric and numeral trademarks
The article discusses a recent dispute wherein a well-known Indian airline has instituted a trademark infringement suit against a reputed Indian car manufacturer, over the use of its alphanumeric mark ‘6E’. Elaborately discussing as to what are alphanumeric and numeral marks, their registrability, Trade Mark Registry’s approach to distinctiveness, and jurisprudence on conflicts over such marks, the authors note that…
Vindhya S. Mani+217 Dec 2024
Intellectual Property IT & ITES+4
Patentability of computer related inventions – Court’s inconsistent approach underscores complexity but creates uncertainty
The Delhi High Court, in two of its recent decisions, demonstrated disparate approaches of assessing patentability of computer related inventions (CRIs) under Section 3(k) of the Patents Act, 1970. Discussing the two decisions, the article highlights that this underscores the complexity and nuanced nature of assessing patentability of CRIs under the Indian patent law.
Jaya Pandeya+217 Dec 2024
BIS All Industries
Ensuring compliance with the Product Certification Scheme of BIS
The article throws light on the essential elements of Scheme-I of the BIS (Conformity Assessment) Regulations, 2018, also known as the Product Certification Scheme of BIS. Elaborately discussing the procedures, the authors state that while the procedural aspects demand meticulous compliance, the benefits certainly outweigh.
LKS BIS Team 10 Dec 2024
International Trade and WTO Metals+1
The UK CBAM: Carbon conundrum at the crossroads of trade and sustainability
The article highlight the Indian businesses need to become proactive in understanding the legal obligations, compliance requirements, and commercial implications of the UK CBAM, and assess the same in advance so that they can give a clear picture to their customers in UK on the potential CBAM exposure.
Ankur Sharma+105 Dec 2024
General Corporate Retail and E-commerce
Navigating the challenges of Quick Commerce: Can Indian regulatory framework keep up?
The article explores the legal challenges within the Quick Commerce sector, evaluates India's regulatory readiness, and highlights key legal considerations for these platforms. It is essential to note that these challenges primarily arise owing to the unique features of quick Commerce being supply through dark stores and complex ownership structures. The authors also highlight some potential considerations and solutions.
Shreyasi Chakraborty03 Dec 2024
General Corporate All Industries
Extending ‘employee’ status to Gig Workers – Implications of employee misclassification
Elaborately analysing the recent Karnataka HC decision, the authors raise a pertinent question - if the driver-partners can be considered employees of the cab aggregator for the purposes of PoSH Act, basis the level of control and supervision wielded by the cab aggregator, why not for the purposes of employee compensation, state insurance, provident fund, gratuity, leaves, protection as a workman, etc.
Bhagwati Tiwari02 Dec 2024
GST Consultancy All Industries
Blocking of ITC ledger: The havoc of Rule 86A
The article discusses Rule 86A of the CGST Rules, which empowers the department to block ITC ledger in cases involving fake ITC. Observing that greater the power, the more dangerous the abuse; and it is no different in the case of said Rule, the authors deliberate on various case law on number of issues including on ‘borrowed satisfaction’, ‘temporary measure’, ‘negative blocking’, etc.
Shrishti Agarwal28 Nov 2024
Direct Tax All Industries
Taxability of sale consideration retained in escrow: A conundrum
Ordinarily in the case of a sale, the price received by a seller should be taken as the ‘full value of the consideration’ for calculating capital gains. However, a legal quandary arises in the cases where a portion of the consideration is retained in an escrow account. Taking note of various case law, the article ponders over the questions as to whether such retained amount falls within the purview of ‘full value of the consideration’ and what would be the year of its taxation
Tanmay Bhatnagar +222 Nov 2024
Intellectual Property All Industries+4
Maneuvering the expedited routes of patent prosecution – IPO
Bearing in mind the existing provisions for expedited examinations, the article focuses on key routes available at the Indian Patent Office (‘IPO’) compared with the European Patent Office (‘EPO’) and the United States Patent and Trademark Office (‘USPTO’).
Malathi Lakshmikumaran+221 Nov 2024
Intellectual Property All Industries+4
Bridging the Divide in Indian Biodiversity Law
The Biological Diversity (Amendment) Act, 2023, and the Biological Diversity Rules, 2024, which will come into effect after 21 December 2024, provide an orchestration for management of India’s biological resources with due consideration to the interests of stakeholders as well as the local communities.
Malathi Lakshmikumaran14 Nov 2024
BIS All Industries
Understanding the Conformity Assessment Schemes of BIS
The article highlights ten distinct conformity assessment schemes, each aimed at facilitating compliance with Indian Standards (IS) across various sectors and analysis their legal scope, and significant updates.
LKS BIS Team 13 Nov 2024

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