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

Search Articles

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
Intellectual Property All Industries
Understanding SHANTI Act, 2025 – Analysis for patent applicants
With the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025[1] (‘SHANTI Act’) having come into effect on 21 December 2025, India has, to some extent, opened the gates to patenting of innovation in the nuclear energy sector. The SHANTI Act repeals the Atomic Energy Act of 1962 (‘AEA’). This change in nuclear energy governance framework supports India’s long-term objective of achieving nuclear energy capacity of 100 gigawatt by 2047, which at present stands at 8.78 gigawatts[2].
Malathi Lakshmikumaran+126 Jun 2026
Intellectual Property All Industries
A grain of confusion: ‘Smart’ copying and trade dress passing off
In the evolving landscape of modern commerce where visual appeal often dictates consumer choice, the significance of packaging has transcended its conventional role as a mere container of goods. In the realm of Intellectual Property Law, trade dress today functions as a silent yet powerful source identifier, one that shapes consumer perception, builds brand loyalty, and distinguishes products in crowded marketplaces.
Kriti Sood24 Jun 2026
Intellectual Property All Industries
Balancing equity and exclusivity: Supreme Court reinforces trade dress protection
The judgment delivered by the Hon’ble Supreme Court of India on 27 May 2026, in Amara Raja Energy and Mobility Limited v. Exide Industries Limited[1] stands as a defining precedent in the field of trade dress protection. This dispute arose in the Calcutta High Court, where the Single Judge as well as the Division Bench granted Exide an interim injunction, holding that its long-standing use of a distinctive combination of colours and design elements had acquired secondary meaning and was protectable as trade dress.
Divya Vishvapriya24 Jun 2026
Regulatory All Industries+1
Greenwashing: Penal cost hidden in ‘organic’ marketing material
n today’s world, the terms ‘organic’, ‘natural’, ‘eco-friendly’ and their friends are tossed around like they are the new currency, the buzzwords that uplift the market value, the leverage to bypass the regular route or the attribute that stands out. Looks like it is lost on us that these should not be the outlier attributes but the normal, the regular, the way things are supposed to be.
Prathiba Karthikeyan23 Jun 2026
Direct Tax All Industries
Why disclosure is no longer enough: Sanand Properties ruling reshapes reassessment and income characterization
The Hon’ble Supreme Court’s decision in Sanand Properties Pvt. Ltd. v. JCIT revisits two recurring fault lines in tax litigation—when an assessment can be reopened and how income must be characterized when commercial arrangements blur taxation principles. In doing so, the Court clarifies that the true test for reassessment is not whether basic facts/ underlying documents were merely disclosed, but whether their true implication was made known to the assessing authority
S. Vasudevan+218 Jun 2026
International Trade and WTO All Industries
Maintainability of bilateral safeguards beyond the transition period: Insights from India-Korea CEPA
In today’s world with WTO mechanism and multilateralism under severe strain, countries are increasingly looking for bilateral and regional partnerships to enhance the market access for their products and services. In this quest, countries are entering into free trade agreements (‘FTAs’ or ‘agreements’), under which they grant duty concessions, often reducing tariffs to zero from their FTA partner countries.
Pareesha Gupta+110 Jun 2026
Data Protection & TMT IT & ITES
Recalibrating Intermediary Liability: India’s Draft Second Amendment to the IT Rules, 2026
The article discusses the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026, which is a step towards regulating digital intermediaries. According to the Team, the amendments propose a clear shift toward tighter, more centralized regulation of digital intermediaries, significantly raising compliance expectations and legal risk.
Data Privacy and TMT Team 10 Jun 2026
Employment Law All Industries
Status of ESI Compliance under the Code on Social Security, 2020: An analytical Review
India is in the middle of a significant overhaul of its labour laws and at the heart of it is the Code on Social Security, 2020 (‘SS Code’) prescribing for statutory compliances for the welfare of employees.
Asish Philip Abraham+309 Jun 2026
GST Consultancy All Industries
TCS under Section 52 of CGST Act, 2017 – A toothless provision?
The effectiveness of any statutory obligation to collect an amount, hinges entirely on the existence of express recovery provision in the case of default.
Rajesh Ostwal+109 Jun 2026
Regulatory All Industries+1
Trading boundaries in the Indian carbon market
The Indian Carbon Market operates under the Carbon Credit Trading Scheme (‘CCTS’), implementing a market‑based carbon pricing mechanism to drive emission reduction. This market-based greenhouse gas emission (‘GHGE’) reduction framework is bifurcated into the offset market and compliance market.
Prathiba Karthikeyan+108 Jun 2026
Commercial Litigation All Industries
Risk allocation in commercial contracts
This article examines popular mechanisms for contractually allocating and limiting risks to the benefit of all parties: clauses for events of force majeure and change-in-law to provision for uncertain contingencies; and clauses for liquidated damages and limitation of liability to calibrate financial exposure.
Raghavan Ramabadran+204 Jun 2026

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