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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Regulatory IT & ITES
DPDPA: Concerns and impact in the online gaming world
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 developers, and gamers (or users) alike to pay attention to the framework under which personal data may be processed, notices reviewed, consents provided (where required) and rights exercised with regard to the processing of personal data.
02 May 2024
International Trade and WTO All Industries
Beyond territorial reach: Transnational subsidies and the evolving landscape
The article discusses the nature of transnational subsidies, in which a government of one country subsidizes a firm outside of its territory. It explores whether these subsidies can be acted upon under the WTO’s Agreement on Subsidies and Countervailing Measures (SCM Agreement), and how certain countries such as the EU and the US are tackling these subsidies.
01 May 2024
Direct Tax All Industries
From a taxman lens: Life Insurance Policy vis-à-vis Annuity – The modern-day conundrum
The drastic difference in income-tax treatment of both – Life Insurance Policies and Annuities, requires closer examination of their meaning to distinguish one from another. Demonstrating that there is a thin line of difference between features offered by modern iterations of life insurance policies and annuities, the author points out that it is crucial for insurance companies to take proactive steps to separate the elements of the life insurance policies from that of annuities.
22 Apr 2024
Intellectual Property All Industries+4
Plant variety protection – Incorrect mention of date of first sale is not fatal – Delhi HC’s Division Bench upholds registration
The article discusses the recent Delhi High Court Division Bench decision which has held that procedural infirmities, which have no impact on the eligibility of the Applicant to apply for a plant variety application or on the eligibility of the application for registration, are not fatal to the registration, unless such infirmities are due to willful misrepresentation or to gain any undue advantage.
19 Apr 2024
Regulatory IT & ITES
MEITY Advisory: Dawn of AI Regulation in India or a false start
The Ministry of Electronics and Information Technology has on 15 March 2024 issued an advisory on use and deployment of artificial intelligence tools. The advisory subsumes a previous advisory dated 1 March 2024 on this subject. As part of the now expanded diligence requirements as per new advisory, the article elaborately discusses what the new advisory now requires the intermediaries to ensure.
Sameer Avasarala01 Apr 2024
International Trade and WTO All Industries
Overview of methodologies of calculating dumping margins
This article intends to discuss different methodologies for comparing the export prices with the domestic selling prices in the chosen investigation period, as prescribed under the WTO’s Anti-dumping Agreement and the practices followed in India, the United States of America and the European Union for this purpose. Elaborately discussing the three methodologies, with descriptive illustrations, etc., the author points out that the dumping margins are not the same.
29 Mar 2024
Customs All Industries
Game-changing Customs and FTP changes
The article discusses few recent changes which one needs to know under Customs and Foreign Trade Policy. The Ministry of Commerce has extended the RoDTEP benefit to Advance Authorisation holders, Export Oriented Units and units in Special Economic Zone, and has relaxed the mandatory Quality Control Order compliance for import of inputs under Advance Authorisation and by EOU, for use in exports.
28 Mar 2024
All Practices Telecom & Media
The ever-evolving advertising industry
The article highlights that one needs to examine whether sports marketing is in the nature of ‘advertisement/sale of advertising space and time service’ or ‘sponsorship service’. According to the authors, considering the overlapping nature of advertisement and sponsorship services, taxing advertisement under forward charge and allowing full ITC of the expenses, while taxing sponsorship under reverse charge and disallowing credit of GST, is creating an artificial discrimination.
27 Mar 2024
Direct Tax All Industries
Disallowance under Section 40(a)(i) on payment made to non-residents
This article seeks to analyze the applicability of the non-discrimination article in tax treaties on disallowance of expenses on payment made to non-residents without withholding the applicable taxes. Decoding the legal position, the authors delve into the litigation trends and ponder over the question as to whether Section 40(a)(i) of the Income Tax Act, 1961 in its present form is violative of non-discrimination Article in tax treaty.
21 Mar 2024
Intellectual Property All Industries+4
Disclaimers – A credible way of amendment in patent claims and specification
One of the permissible ways of amendments to claims and/or specification is to incorporate suitable disclaimers during the patent prosecution and at the post grant stage. The article aims to bring down the perspectives of the use of disclaimers as a provision to amend claims and/or specification. It focusses on provisions available under Section 59 of the Patents Act, 1970 and a glimpse on such provisions in major jurisdictions such as US and EU that are of greater interest.
15 Mar 2024
Regulatory IT & ITES
Decoding Fiduciaries and Processors: The DPDPA lens
The article dives deep into the understanding of certain key actors engaged in the processing of personal data – Data Fiduciaries and Data Processors. Observing that while Fiduciaries, by their nature, are expected to exercise decisional control over the purposes and means of processing, and Processors act on the former’s instructions, the article outline various complex situations where the roles blur.
Sameer Avasarala04 Mar 2024
All Practices All Industries
The WTO’s 13th Ministerial Conference – Finding Order in times of chaos?
This article intends to provide an overview of some of the key issues for negotiation at MC 13 and the importance of these issues for WTO Members. It talks about Agreement on Investment Facilitation and Development, Agreement on Fisheries Subsidies, Permanent Solution for Public Stockholding for Food Security Purposes, WTO Dispute Settlement Reform, and Electronic Commerce.
01 Mar 2024

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