The article discusses the recent circular which is issued by International Finance Services Centres Authority (‘IFSCA’) for imposing an obligation on Authorised FMEs, registered FMEs (Non-Retail) and Registered FMEs (Retail) to maintain a website or a webpage dedicated to their fund management activities in the IFSC.
The article discusses the conceptual foundations of the force of attraction rule, traces its judicial evolution in India, and evaluates the relevance of the doctrine in an era increasingly shaped by source-based taxation and digital nexus rules.
The notification of the Employees' Provident Funds Scheme, 2026 (‘2026 Scheme’) with effect from 1 July 2026, was anticipated to settle and provide clarity on the regulatory framework governing international workers under the Code on Social Security, 2020. However, it has done the opposite in one respect. The 2026 Scheme retains a dedicated framework for international workers and carries forward the substance of the erstwhile Paragraph 83 of the EPF Scheme, 1952 (‘1952 Scheme’) and Paragraph 43A of the EPS, 1995.
The article discusses the United Kingdom’s transition review of anti-dumping and countervailing duty measures on electric bicycles from China, where the UK Trade Remedies Authority concluded that continuation of measures on all e-bikes failed the Economic Interest Test. The article examines how the TRA collected and used economic information, how partial-equilibrium modelling was applied to assess different outcomes, and how the TRA’s economic assessment operated alongside the Secretary of State’s decision-making power. It also considers what this approach may offer for the examination of economic interest in Indian trade remedy investigations. According to the authors, it is important for Indian authorities to integrate a more nuanced public or user interest assessment into their final findings, particularly in sectors critical for the economy.
This article examines the need and scope of the new Section 11A as proposed by the Finance (No. 2) Bill, 2024, and the potential challenges foreseeable by insertion of said provision in the Central Goods and Services Tax Act, 2017.
The article chiefly focuses on the Madras High Court’s interpretation of Section 3(p) of the Patents Act, 1970 relating to 'traditional knowledge'. According to the authors, the decision is a first stride towards judicial clarification of Section 3(p). The interpretation provided by the Court is a much needed consolation sought by the Applicants where the Patent Applications relate to products or processes, misconstrued as being part of traditional knowledge.
In this article, an attempt shall be made to explore the ramifications of a specific legislative change introduced in Budget 2024-25 vide Clause 101 of Finance (No.2) Bill, 2024 (‘Finance Bill’) in relation to Section 65 of the Customs Act, 1962 (‘Customs Act’). The amendment proposed under Clause 101 of the Finance Bill shall come into effect on the date of enactment of the Finance (No.2) Act, 2024.
The article examines a recent Bombay High Court decision wherein the Court had analysed the Order issued by the Controller under Section 21(1) of the Patents Act [deemed abandonment]. The article closely examines Section 21(1) and Section 15 of the Act and observes that there is potential confusion in the applicability of the two provisions. It also notes that the Controller in this case had issued a hearing notice informing that the patent application was deemed to be abandoned.
The article discusses the recent judgement of the Divisional Bench of the Delhi High Court in the case of Natco Pharma v. Novartis Ag and Anr. The bench focusses on the two pivotal issues under a broader question of a credible challenge to the validity of a patent. First was enhanced bioavailability data could be construed as proof of enhanced ‘therapeutic efficacy and second was the concept of Coverage v. Disclosure in patent applications.
The article discusses Section 43B(h) of the Income Tax Act, 1961 which was introduced by Finance Act, 2023. Observing that despite the well-placed intent behind introducing the aforesaid provision, the cross-linkage of the Income Tax Act with the MSME Act may cause certain ambiguities specifically concerning the deduction of the provision of expenses, calculating the time limit under the MSME Act, etc.
The article discusses how the gaming industry will be impacted by the Digital Personal Data Protection Act, 2023. It discusses how the new law once enforced will require platforms, gaming...
The Division Bench of the Delhi High Court has set aside the Single Bench’s order which had affirmed the Protection of Plant Varieties & Farmers' Rights Authority’s order of revocation of registration.
The article in this issue of International Trade Amicus discusses the nature of transnational subsidies, in which a government of one country subsidizes a firm outside of its territory.
The drastic difference in income-tax treatment of both the instruments – Life Insurance Policies and Annuities, requires closer examination of their meaning to distinguish one from another.
Recently, the Registrar of Companies, NCT of Delhi & Haryana imposed penalties against a global corporate and its Directors along with its Global CEO, including CEO of the holding company, for violating the provisions related to non-disclosure of Significant Beneficial Ownership (‘SBO’) under Section 90 of the Companies Act, 2013. The article analyses the jurisprudence behind the SBO and the RoC’s approach towards the Order.
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