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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Data Protection & TMT IT & ITES
Fact Check Unit amendment invalidated – Intermediaries in the line
The article discusses a recent decision of the Bombay High Court striking down the amendment to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The Rule required intermediaries to remove content relating to Government business flagged by an Fact Checking Unit as fake, false, or misleading.
Aryashree Kunhambu07 Nov 2024
International Trade and WTO All Industries
Provisional anti-dumping measures in India – Overview of the law and practice
The article discusses the law and practice surrounding the provisional anti-dumping measures in India. It elaborately analyses the legal provisions, timelines for imposition of provisional anti-dumping duty (‘ADD’), and a few other practical aspects relating to imposition of such duty.
Nithya S07 Nov 2024
Direct Tax All Industries
Applicability of Doctrine of Merger between intimation under Section 143(1) and assessment order under Section 143(3)
The article in this issue of Direct Tax Amicus discusses the issue of whether an intimation under Section 143(1) of the Income Tax Act, 1961 will automatically merge with an assessment order under Section 143(3). Considering various decisions of the ITAT, the authors note that it can be inferred that a strait jacket formula cannot be adopted for applying the Doctrine of Merger.
Abhinov Vaidyanathan +122 Oct 2024
Intellectual Property All Industries+4
With great influence comes great responsibility: Trademark disparagement
The article discusses the recent decision of Delhi High Court of Zydus Wellness Products Limited v. Prashant Desai . The court highlights the importance of Social Media Influencers to avoid commenting on topics outside the realm of their expertise.
Vindhya S. Mani+221 Oct 2024
Intellectual Property All Industries+4
The crocodile conundrum: Lacoste v. Crocodile International explained
The article discusses the recent judgement of Lacoste & Anr. v. Crocodile International Pte Ltd. Wherein the Delhi High Court ruled upon a two-decade long conflict between so-called ‘mirror’ logos of a crocodile/ saurian. The judgment also highlights the test of the various principles and procedures, which lie in disputes that are subject to trial.
Vindhya S. Mani+221 Oct 2024
BIS All Industries
Standards and Quality Control Orders: The backbone of India’s quality revolution
Indian Standards and Quality Control Orders can have far-fetched implications for businesses manufacturing or importing goods and services in the Indian market. This article explores various provisions vis-à-vis the same and discusses the mandatory nature of QCOs, their applicability on imported goods, and various case law.
LKS BIS Team 14 Oct 2024
General Corporate All Industries
Fast Track Merger: Regional Director does not have power to reject the Scheme
The article provides a detailed discussion of a recent Bombay High Court decision in Asset Auto v. UoI, which reviews the discretionary power provided to the Regional Director of the central government in respect of fast-track mergers provided under Section 233 of the Companies Act, 2013. According to the High Court, the Regional Director does not have the power to outrightly reject the scheme.
Asish Philip Abraham+204 Oct 2024
International Trade and WTO All Industries
Anti-absorption measures: India’s foray into strengthening its anti-dumping enforcement
The article briefly discusses the first anti-absorption investigation conducted by India on Polyethylene Terephthalate (‘ PET ’) imported from China PR. It briefly touches upon the concept of anti-absorption with a lucid example. Next, it discusses few issues which arose in this investigation, and closes by summarizing the implications of enforcing anti-absorption measures generally and, in particular, on PET.
Pareesha Gupta01 Oct 2024
Direct Tax All Industries
Fate of Indirect Transfer Tax post Tiger Global judgment – Will it add hurdles for MNEs?
The article highlights the impact of Tiger Global judgment on taxation of indirect transfer of shares of an Indian company where grandfathering benefit is not available. The authors state that the decision may pose hurdles in cases where grandfathering benefit is not available.
Harshit Khurana+120 Sept 2024
Direct Tax Real Estate & Infrastructure
Taxation of real estate transactions: A post-budget analysis
The article summarises the amendments related to capital gains tax made to simplify the characterization of long-term assets, computation of gains and application of tax rates which will have a significant impact on taxpayers transferring their capital assets on or after 23 July 2024. The authors also highlight key aspects which warrant taxpayers’ attention.
Devashish Jain+211 Sept 2024
Private Equity & VC Financial Services
Anti-Dilution – Balancing the ills of a Down Round
The article discusses the anti-dilution rights which is the most common armour provided to investors against a down round funding raised by any company. These can be exercised in two ways - the first being full ratchet anti-dilution protection while the second is weighted average method of computation.
Shipra Verma06 Sept 2024
International Trade and WTO All Industries
Standing of applicant to constitute Domestic Industry – Standard of discretion
Under Indian anti-dumping law and practice, the qualification of the applicant domestic producers to constitute the domestic industry is sometimes a contested issue. The article in this issue of International Trade Amicus discusses some of the relevant jurisprudence on the issue of the DGTR’s discretion in determining the standing of a producer(s) under the relevant provisions.
Jharna Agarwal04 Sept 2024

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