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.
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 at length the significance of ‘appointed date’, ‘effective date’ and various clauses of the scheme of amalgamation/ merger/ demerger in the light of indirect tax laws. Elaborating upon the concepts, the author deliberates on a dispute in respect of those transactions which are undertaken between the appointed date and the effective date/till the fresh registration under indirect tax is obtained by the successor in its own name.
The Initial Public Offering (‘IPO’) market has been booming ever since the dawn of 2020. As per the latest EY Global IPO Report, the year 2021 has been the best IPO year since the last 20 years.
In November 2021, the government floated the idea that it was going to introduce ‘The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021’, to lay down a framework for regulating transactions involving cryptocurrency.
Vigilantibus, et non dormientibus, jura subveniunt is a noted maxim which means ‘the laws assist those who are vigilant, not those who sleep over their rights ‘ . This is a pertinent principle which applies predominantly while determining if a particular cause of action has been espoused within the limitation period.
Mergers and acquisitions in India reached near an all-time high in the year 2021 after deals worth US $90.4 billion were struck in the first nine months. Of these, a total of 95 combinations were notified to the Competition Commission of India (“CCI”).
In a sunset review investigation, the objective of the review carried out by the investigating authority is to determine whether there is a likelihood of continuation or recurrence of dumping and injury upon cessation of Anti-Dumping Duty (‘ADD’). Only if there is a likelihood, can the investigating authority recommend the continuation of ADD.
In the recent case of Sotefin SA v. Indraprastha Cancer Society And Research Center & Ors a Single Judge of the Delhi High Court granted an interim injunction by restraining the Defendants from making, selling, exporting, or from offering for sale, importing or in any manner directly or indirectly dealing with infringing products namely, ‘Smart Dollies’ that infringed the Plaintiff’s patent IN214088 pertaining to a ‘Carriage for the horizontal transfer of motor vehicles in automatic mechanical
One of the common woes of an assessee facing an investigation, under the Central Goods and Service Tax Act, 2017 (‘CGST Act’) is that they are often compelled to make payments during the pendency of the investigation, mostly only to buy peace temporarily.
Transfers of personal data and non-personal data across borders remains an aspect of significant concern and consideration in the growth of digital economies.
The article discusses the applicability of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (‘BOCW Act’) to factories wherein construction activity for the purpose of expansion or constructing godowns is being undertaken.
We had dealt with the draft chapter on Cross Border Insolvency (‘CBI’), proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (‘IBC’/ ‘Code’) vide Public Notice dated 20 June 2018, in our previous article featured in August 2018.
Finance Bill, 2022 has brought in certain amendments with an intent to augment revenue and one such amendment is fetched into Section 14A of the Income-tax Act, 1961 (‘Act’).
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