Articles

RBI Trade Regulations 2026: Key Reforms in Payment Timelines, Realisation & Reporting

Cross-border trade plays a vital role in boosting a country’s economic growth. With accelerated globalization, we have observed India emerging as one of the major players in the global supply chain. In the past decade, there has been a substantial rise in cross-border transactions; both in terms of volume and value and this rise has revealed various statutory hurdles in the extant applicable laws governing cross-border trade.

Asish Philip Abraham+223 Sept 2026

General Corporate All Industries

IFSCA mandates FMEs to maintain a website or webpage

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.

Vinod Joseph21 Sept 2026

Direct Tax All Industries

From Linklaters to Paul Wurth: The changing contours of the force of attraction rule in tax treaties

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.

Giridhar Vasudevan+221 Sept 2026

Employment Law All Industries

EPF Scheme, 2026 and International Workers: New framework – Old questions

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.

Asish Philip Abraham+218 Sept 2026

IP Litigation All Industries

The Situs: The ever-expanding territorial jurisdiction of internet infringements

L. Badri Narayanan17 Sept 2026

Search Articles

Arbitration All Industries
Arbitration agreement
The Constitutional Bench of the Supreme Court has held that arbitration cannot be invoked when the arbitration agreement or clause is contained in an unstamped or insufficiently stamped agreement or contract. According to the authors, even though this issue arises at the preliminary stage of the arbitration, the Apex Court had ordered to ensure sufficient stamping of the instruments.
Aman Gupta+125 May 2023
Intellectual Property All Industries+4
De-blurring Section 59 of the Indian Patents Act 1970
The article examines a recent decision of the Delhi High Court, where the High Court has redefined the boundaries of permissible claim amendments for overcoming the objections on non-patentability especially Section 3(i) of the Patents Act, 1970, without jeopardizing the requirements of Section 59. The primary focus of this article is on the interpretation of Section 3(i) and Section 59 of the Act as provided by the High Court
Aashmeen Kaur Eeshita Das+123 May 2023
All Practices All Industries
Eligibility of Input Tax Credit vis-à-vis inherent loss of inputs during manufacture
The Madras High Court recently in the case of Eastman Exports Global Clothing, settled an interesting question of law pertaining to the reversal of Input Tax Credit on the loss of inputs which is inherent to the process of manufacturing. Although the judgment pertains to the treatment of manufacturing loss under Section 19(9)(iii) of the Tamil Nadu VAT Act, the principle enunciated by the Court is very helpful in determining the entitlement of ITC vis-à-vis Section 17(5)(h) of the CGST Act.
22 May 2023
International Trade and WTO All Industries
Anti-dumping duty – CESTAT establishes important jurisprudence on commercial quantities
The article analyses a recent CESTAT decision relating to the threshold for considering a product within the scope of the product under consideration (‘PUC’) in anti-dumping investigations. The Hon’ble CESTAT has held that mere production of a product is not enough for it to be included in the scope of the PUC; the domestic industry must show that it has catered to a certain amount of demand for that product for it to be included. The article in this regard notes that ...
Ashutosh Arvind Kumar02 May 2023
GST Consultancy All Industries
Withholding Income Tax: Withholding the ambiguity in GST Valuation?
The article highlights the intricacies of TDS withholding, under the income tax provisions, which appear to impact the taxable value under GST in case of import of services. The moot question is whether the taxable value for discharging GST should be confined only to the contractual payment qua the foreign service provider or the amount of TDS, paid by the Indian service recipient as additional statutory obligation, should also be added. Analysing various Court and Tribunal decisions, the...
Shiwani Kaushik28 Apr 2023
Insolvency All Industries
Interest as part of Operational Debt: A conundrum
While the inclusion of interest amounts in ‘financial debt’, for the purposes of the Insolvency and Bankruptcy Code, 2016, is clearly provided for, the interest component in the case of ‘operational debt’ has always been a point of contention. Pointing out that there appears to be a deliberate difference in the language used for both terms – ‘financial debt’ and ‘operational debt’, the article also discusses many specific judgments of NCLT and NCLAT, delivered on the aforesaid quandary.
Noorul Hassan25 Apr 2023
Direct Tax All Industries
Navigating the exemption labyrinth – Pitfalls in the way of charitable institutes
Considering the changing landscape of the exemption regime, right from Finance Act, 2014 till the recent Finance Act, 2023, the article notes that the provisions relating to the exemption regimes under Sections 10(23C) and 11 of the Income Tax Act have undergone wide-ranging changes having an impact on nearly every aspect associated with the operation of charitable institutes, resulting in a situation where a mere procedural lapse can have far reaching consequences.
Tanmay Bhatnagar19 Apr 2023
Intellectual Property All Industries+4
Patentability of Selection Inventions – Analysis of recent Delhi High Court decisions
The article analyses two decisions of the Delhi High Court which have adjudicated patentability of the species patent with respect to the genus patent. The Court in one of the case disapproved the existence of dichotomy between ‘coverage’ and ‘disclosure’, and stated that when a product is covered in the genus patent, the specific disclosure of the same is immaterial. However, the Court in a different decision acknowledged the distinction between ‘coverage’ and ‘disclosure’ ...
Vindhya S. Mani18 Apr 2023
All Practices All Industries
Is export restraint a countervailable subsidy?
The article discusses as to whether government action in the form of an export restraint on the export of a product results in a subsidy to the domestic producers of downstream products. It elaborately analysis WTO Panel report in United States - Measures treating export restraints as subsidies and the Appellate Body report in the dispute United States- Countervailing duty investigation on dynamic random-access memory semiconductors (‘DRAMS’) from Korea, and discuss how the trade authorities...
03 Apr 2023
GST Consultancy Aviation
Dry lease of aircrafts under GST: A classification conundrum
The article discusses elaborately the problems of classification and rate of GST in case of dry leasing of an aircraft. In respect of classification, the authors note that there is no specific mention of aircrafts under the Explanatory Notes to sub-heading 997311 or under the residuary entry 997319, though the Service Code 7311 of the UNCPC provides for transport equipment and specifically includes aircrafts. For rate of tax, the authors note that though it can be argued...
Priyanka Kalwani30 Mar 2023
Regulatory IT & ITES
Digital India Act: Evolving clarity & challenges
The Digital India Act (DIA) is set to replace the Information Technology Act, 2000 (IT Act) on account of a transformed internet landscape today, with significant internet penetration, multiple intermediaries operating across the internet and complex forms of user harms. The article hence discusses the glimpse into the Digital India Act, as presented recently by the Minister of State for Electronics & Information Technology. The authors in this regard discuss how the DIA lays importance...
Prashant Phillips27 Mar 2023
Securities Law All Industries
Fund raising challenges of startups under the Companies Act
The article discusses a recent decision of the Registrar of Companies, NCT of Delhi and Haryana relating to Section 42 of the Companies Act, 2013 (private placement of shares). The Adjudicating Officer has in this decision observed that the provision requires that the company should adhere to the limit of 200 persons not just with respect to the number of persons who ultimately subscribe to the securities of the company, but also that this limit cannot be exceeded at the time of making an offer
Noorul Hassan27 Mar 2023

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