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

GST Consultancy All Industries
GST on services provided in the course of employment
Employers often arrange for various facilities such as transportation, canteen, healthcare, insurance, for their employees. The article discusses the questions as to whether the said facilities arranged by the employer amount to supply of services and whether GST is applicable on the nominal amounts recovered from the employees. The author traces the history of the controversy, right from the service tax...
Amber Kumrawat23 Dec 2020
Direct Tax Financial Services
Compulsorily Convertible Debentures: Debt or Equity?
Compulsorily Convertible Debentures (‘CCDs’) are hybrid instruments, being debt at the time of issue along with a certainty to get converted into equity. Since the guidelines on FDI treat CCDs as equity for the purposes of reporting to the RBI, a question arises as to whether they are to be regarded as equity capital under all other laws as well. The article discusses the question from the perspective of income-tax law, observing that the return on debt and equity have distinct treatment...
Neha Sharma21 Dec 2020
Intellectual Property All Industries+4
Patents – IPAB reaffirms principles of natural justice while discussing prior art documents and description
The article discusses elaborately, the recent decision of the Intellectual Property Appellate Board reaffirming the importance of the principles of natural justice in judicial and/or quasi-judicial decisions, whilst also clarifying aspects of patent law with respect to cited prior art documents and description of the invention. The IPAB criticised the Controller of Patents for having taken a contrary view as to the patentability...
Vasanth Vaidyanathan16 Dec 2020
Securities Law All Industries
Issuance and transfer of securities – Stamping requirements
The Finance Act, 2019 introduced various amendments to Indian Stamp Act, 1899. Further, the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019 was also introduced. With respect to transfer of shares where no consideration amount is involved, a cost-effective mechanism has been introduced since such transfer does not attract stamp duty. Possibility of availing benefit of this can be explored in transactions such as gift of shares…
Sonali Srivastava11 Dec 2020
International Trade and WTO All Industries
Participation in trade remedy investigations – First impressions matter
An important facet of trade remedy investigations, especially, anti-dumping and countervailing duty investigations is that if a producer/exporter from the country facing such investigation fully ‘cooperates’, the investigating authority acknowledges this and awards a duty basis the data presented by such party. This article aims to broadly explain ‘cooperation’ and the guidelines which a producer/exporter may keep in mind to ensure that their participation is treated as ‘cooperation’
Ankur Sharma30 Nov 2020
Customs All Industries
Customs in-bond manufacturing – Old scheme with new prospects
With export promotion schemes like EOU, SEZ and EPCG being challenged at the international forums, alleged to be in violation of the WTO agreement, the thrust of the government has now shifted to age old scheme of duty deferment and manufacturing in customs bonded warehouse. The article makes a case for shifting to such scheme. Discussing various aspects of the Customs in-bond manufacturing...
Saurabh Malpani27 Nov 2020
Direct Tax All Industries
Slump exchange: The taxation battlefield
The article discusses at length the question as to whether ‘slump exchange’ is covered by the provisions of Section 50B of the Income Tax Act, 1961. According to the authors, the question that arises is whether only transfer as a result of ‘sale’ would be covered by the provisions of Section 50B or whether slump sale includes other forms of ‘transfer’ as well as defined in Section 2(47). Another issue that comes to light is whether transfer for non-monetary consideration can constitute a sale.
Aanchal Jain Shalini Maheshwari20 Nov 2020
Intellectual Property All Industries+4
Divisional Applications in India – Evolving jurisprudence
To file a divisional application in India, the parent application should include more than one invention while claims based on the same inventive concept is not allowed. Elaborately discussing various IPAB Orders, starting from the 2011 decision in the case of LG Electronics and up to the very recent decision in the case of Esco Corporation, the article examines several issues involving divisional applications.
Prosenjit Chattopadhyay18 Nov 2020
Arbitration All Industries+1
Writ jurisdiction over orders of Arbitral Tribunal: Certa lege but still agitated
This article covers a recent decision of the Gujarat High Court where the Court has reiterated that the order of the arbitral tribunal could not be challenged in writ proceedings under Articles 226 and 227 of the Constitution of India. The authors note that though the question of maintainability of writ proceedings against an order of the arbitral tribunal has been settled in a long line of decisions...
A S Aniruddha12 Nov 2020
All Practices All Industries
M&A by listed companies: SEBI’s grip
The first article elaborately discusses a recent circular issued by SEBI that will be applicable for a scheme of merger, demerger, amalgamation or arrangement filed with the stock exchanges after 17 November 2020. The authors analyse the key implications of the circular, like additional factors which need to be considered by the audit committee, requirement of a recommendation in the form of a report from the committee of independent directors of the listed company...
Pratyush Jain12 Nov 2020
Intellectual Property All Industries+4
Trademarks – Registration of similar/identical marks if services/goods offered are distinct
This case Sparx Group Co. Ltd. v. Senior Examiner of Trade Marks provides a definitive interpretation and application of the law with respect to the precedence of prior use and market recognition of a trademark when objected on relative grounds of refusal under Section 11 of the Trade Marks Act, 1999.
06 Nov 2020
Intellectual Property All Industries+4
Timing of institution of a civil action is crucial
The Delhi High Court recently addressed an important issue under the copyright law, the idea-expression dichotomy, and rebuked the practice of litigants approaching the Courts for reliefs at the eleventh hour without any justification.
03 Nov 2020

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