Articles

Widening the gate of Indian Economy: Key changes under the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026

The Ministry of Finance (Department of Economic Affairs) on 12 June 2026, notified the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026 (‘Amendment Rules’), amending the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (‘NDI Rules’). The Amendment Rules constitute the third amendment in the FEMA liberalisation cycle for the year 2026, following the first and second amendments, which respectively relaxed restrictions on investments from countries sharing a land border with India and liberalised foreign investment in the insurance sector opening the sector up till 100% under automatic route. The third amendment is yet another attempt to widen the gate for the Indian economy. For years, access to India's listed securities market was reserved specially for a defined class amongst which are foreign portfolio investors (FPIs) and non-resident Indians (NRIs) and overseas citizens of India (OCIs), this time the liberalisation is into the Indian capital markets.

Aman Gupta04 Aug 2026

International Trade and WTO Metals

EU’s 2026 Steel TRQ Regulation: From temporary safeguards to permanent industrial policy?

The 2026 Steel import Regulation of the European Union (EU) (‘2026 Regulation’),[1] which came into force on 1 July 2026, is not simply a continuation of earlier Steel Safeguard measures[2] applicable since 2018, but it indicates a decisive shift in the EU’s approach to regulate its steel imports in the coming years. With lowering of tariff-rate quotas (TRQs), higher out-of-quota duties and proposal for stricter origin requirements, the 2026 Regulation goes beyond the WTO’s temporary safeguard regime to a more permanent industrial policy governing steel imports into the EU. In particular, the 2026 Regulation reduces the EU's tariff-free steel quota by ~47%, doubles the out-of-quota duty from 25% to 50%, and introduces a new ‘melt and pour’ traceability requirement.

10 Jul 2026

Commercial Litigation All Industries

Contractual claims for profit: Liability, causation and quantification

The article discusses how contracts can identify and appropriately provision for losses.

07 Jul 2026

Customs FMCG +2

CDSCO’s market interventions and the new compliance framework for pharma and cosmetic operations

This article discusses the key developments driving this shift and their practical implications for industry participants.

07 Jul 2026

GST & Indirect Tax Litigation All Industries

Jurisdiction of Principal Bench of GST Appellate Tribunal: Statutory framework and early judicial signals

Various State Benches of the Goods and Services Tax Appellate Tribunal (‘GSTAT’) have recently become operational, and questions relating to jurisdiction between the Principal Bench and the State Benches have begun to arise in practice. While Section 109 of the CGST Act specifies certain categories of cases to be dealt with exclusively by the Principal Bench, early orders of the Principal Bench indicate that jurisdictional issues are not always straightforward.

Shreyash Agrawal+101 Jul 2026

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All Practices All Industries
In-focus: Pharmaceutical sector
Tax laws have been evolving. The changes in regulations are impacting tax positions in direct and indirect taxes. GST law has recently completed six years, during which the law has seen significant development and clarifications from time to time.
07 Aug 2023
Regulatory IT & ITES
Analysing the Digital Personal Data Protection Bill
The Minister of Electronics & Information Technology introduced the Digital Personal Data Protection Bill, 2023 on 3 August 2023 , in the Lok Sabha. The Bill is a successor to the Draft Digital Personal Data Protection Bill, 2022 which was released by the Ministry of Electronics & Information Technology in November 2022. The article provides the comparative insights on the Bill vis-à-vis its 2022 counterpart.
04 Aug 2023
Insolvency All Industries
Withdrawal of corporate insolvency proceeding even prior to formation of committee of creditors
The article discusses a recent decision of the Supreme Court establishing that a plea for the withdrawal of the Corporate Insolvency Resolution Process can be allowed by the adjudicating authority even prior to the establishment of the committee of creditors. The author observes that the Supreme Court has not only addressed the existing gap in Section 12A of the IBC but it has also recognized the obligatory status of Regulation 30A.
A S Aniruddha03 Aug 2023
All Practices All Industries
Circumvention of Trade Remedy measures – A critical analysis of Indian provision
Trade remedy measures are applicable only to specific products originating in certain countries. Sometimes exporters make changes in the business model to overcome the measures by circumventing the duties and thereby rendering the measures largely ineffective.
02 Aug 2023
GST Consultancy All Industries
Leasing of capital goods between two GSTINs
The article seeks to analyse the GST implications on leasing of capital goods between ‘distinct persons’, in the light of a recent ruling of the Maharashtra Appellate Authority of Advance Ruling. After providing the crisp summary of the Ruling, the article examines the implication of the Ruling in respect of issues regarding valuation, mere movement of goods not amounting to supply, and documentation.
Padmasri Manyam Ananya Raghavendra28 Jul 2023
Intellectual Property All Industries+4
Patent of method of treating a plant
The article discusses a recent decision of the Hon’ble Calcutta High Court which has set aside an order passed by the Controller of Patents and Designs refusing the grant of patent for treatment of a plant disease, for being a method of agriculture under Section 3(h) of the Patents Act, 1970. The High Court in this regard noted that Sections 3(h) which bars the patenting of a method of agriculture or horticulture, does not contemplate treatment of plants
24 Jul 2023
Direct Tax All Industries
Change of opinion: Whether permissible under the new provisions of reassessment?
The Finance Act, 2021 substituted the provisions of reassessment under the Income-tax Act, 1961. Under the new reassessment provisions, the concept of ‘reason to believe’ has been substituted with ‘information’ which suggests that the income has escaped assessment. The article discusses the question as to whether such ‘information’ is required to be tested against the concept of ‘change of opinion’, as was required under the old reassessment provisions.
Neha Sharma19 Jul 2023
International Trade and WTO Consumer Electronics
India loses the fight for electronic goods against EU at the WTO
The WTO panel recently ruled against India’s import duty measures in relation to certain Information and Communication Technology (‘ICT’) goods, holding the measures as inconsistent with Articles II:1(a) and (b) of the GATT 1994. The article analyses the critical arguments raised by India to defend its position and the panel’s ruling thereon.
Rizwan Shah29 Jun 2023
Commercial Litigation All Industries
Revival of insolvency proceedings: Analysis and way forward
Revival of the Corporate Insolvency Resolution Process (‘CIRP’) proceedings refers to the restoration of the already withdrawn CIRP by a creditor which generally happens upon the breach of the settlement agreement (‘Settlement Agreement’) pursuant to which the application for CIRP also gets withdrawn. In such circumstances, rather than filing for a fresh application for initiation of CIRP, the creditor may seek reviving of the earlier application.
Aman Gupta+127 Jun 2023
GST Consultancy All Industries
Export of services: Settled
The article discusses a recent decision of the Larger Bench of the CESTAT which settles, in favour of assessee, the issue as to whether Business Auxiliary Services (BAS) provided by Indian agents to foreign entities qualify as export of services under the service tax regime. The article in this regard also analyses whether this decision of the Larger Bench will have any impact in the GST regime.
Disha Bhandari+126 Jun 2023
Direct Tax All Industries
Impact analysis of the Supreme Court decision in Saraf Exports v. CIT: Worth the wager?
The article discusses a recent decision of the Supreme Court in the case of Saraf Exports v. CIT, wherein the Apex Court has held that export incentives like Duty Drawback and DEPB will not qualify as first-degree nexus for the purposes of claim of deduction under Section 80-IB of the Income Tax Act, 1961. The decision has also reiterated the principle laid down earlier that restrictive meaning must be given to the expression ‘derived from’.
Krishna Laasya V20 Jun 2023
Intellectual Property FMCG +4
Toblerone saga – Sweet enough; but not Swiss enough
The article discusses the application of the Swissness Act, 2017 which regulates the use of Swiss symbols or labels, associating the products and services with Switzerland. Talking about the criteria for Swissness and the effect of the Act on the famous chocolate brand, the article notes that evocation is a huge factor when understanding consumer psychology. According to the author, while the Act does not refer to trademarks per se, it does find its basis in the concept of evocation.
Anushka Verma14 Jun 2023

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