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
Filing statutory forms within specified time to avail tax benefits
The Courts in the past have held that the filing of statutory forms within the due date prescribed under the Income Tax Act, 1961, is a directory (and not mandatory) requirement, to claim deductions/exemptions that are available to taxpayers. Recently, however, the Supreme Court judgment in Wipro Limited changed the course of the river. The author observes that such a drastic consequence does not seem to be the intention of the Supreme Court.
24 Jun 2024
All Practices All Industries
53rd GST Council Meeting
In this article, the authors discuss the issues which are likely in the pipeline for upcoming GST council meetings, particularly the 53rd GST Council Meeting.
Shivam Mehta21 Jun 2024
Direct Tax All Industries+1
The reverse flip gambit: Legal and tax manoeuvres for Indian startups coming home
The article discusses the few structures for achieving a ‘reverse flip’ and the attendant implications from exchange control and taxation perspective
Ravi Sawana+219 Jun 2024
Intellectual Property All Industries+4
Trademark Siesta: The risks of neglecting use of a trademark
The article discusses nuances of cancellation of a trademark due to non-use. Deliberating upon the legal framework for non-use cancellation and a recent Delhi High Court decision on same, the authors also list certain strategies which may be implemented by the trademark owners to avoid non-use cancellation. According to them by understanding the risks and taking proactive steps, one can protect a brand’s goodwill, and identity and ensure that the trademark remains a valuable asset for business.
Vindhya S. Mani18 Jun 2024
Intellectual Property Healthcare & Pharma+4
A rising need for a modern understanding of ‘Traditional Knowledge’ under Indian patent law
The article sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines. According to the authors, keeping in view the recent time-honoured recognition given to traditional knowledge by the WIPO treaty, a statutory definition of the term as well as judicial interpretation of Section 3(p) can help both the Examiners and the Applicants.
Malathi Lakshmikumaran17 Jun 2024
All Practices Financial Services
PRAVAAH's role in facilitating regulatory synergy across financial entities
The article discusses the role of PRAVAAH portal in facilitating how to regulate synergy across financial entities. PRAVAAH Portal is a single window mechanism for submission of application/information in an electronic format to the RBI for seeking various approvals
13 Jun 2024
Sustainability All Industries
Navigating the European Union’s Green Trade Frontier
The article discuss the EU's Carbon Border Adjustment Mechanism (‘CBAM’) which take care of carbon leakage which occurs when businesses start relocating industries to or products are imported from countries, with less stringent environment policies, apparently to circumvent the cost-intensive climate policies in the European Union. It discusses what are the scope, coverage, phase, timeline, and compliances required by exporters to the EU, in respect of certain goods.
03 Jun 2024
All Practices All Industries
International Workers – Conundrum of payment of Provident Fund
The recent judicial developments have led to certain legal uncertainties and contradictions for compliance in case of deputation and secondment. According to the authors, the factual matrix of employment will have to be determined based on legal jurisprudence.
02 Jun 2024
Direct Tax All Industries
Impact of Section 281 on transfer of assets: Myriad issues thereunder
Section 281 of the Income Tax Act, 1961 empowers the Department to declare a transfer of an asset as void where the transferor, during the pendency of any proceedings or completion thereof, but before the service of notice by a TRO, creates a charge on, or parts with the possession of any of his ‘assets’ in favour of another person. Considering the far-reaching consequences of the provision, the article highlights few practical issues.
22 May 2024
Intellectual Property All Industries+4
Patentability – High Court clarifies the language of Section 3(c) of the Patents Act
The article elaborately discusses a recent Madras High Court decision setting aside an order passed by the Assistant Controller of Patents and Designs which had refused the grant of a patent under Section 3(c) of the Patents Act, 1970. The Court has held that Section 3(c) would only apply to a process of finding a hitherto undiscovered non-living substance by identifying and isolating it from nature.
21 May 2024
All Practices All Industries
Development Rights: A service or a condition precedent to sale of land
The divergent perspectives on the treatment of development rights; whether as a service or an outright sale, have led to confusion in the realm of land transactions. Therefore, while finality is anticipated from the constitutional courts in GST regime, it is prudent for businesses to take an informed call on the taxability of development rights.
Shivam Mehta+116 May 2024
Customs All Industries+1
Is the difference between Tax and Fees obliterated?
The article discusses the difference between Tax and Fees and how the Courts in recent time are diverting from the earlier decisions highlighting the difference between Tax and Fees.
Yogendra Aldak07 May 2024

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