Author Archives | Nishith TV

9 April 2018 at 13 : 14 PM

Nishith Desai Associates : Deal Corner

April 09, 2018 NEXUS INVESTS IN NAMASTE CREDIT DEAL BRIEF Namaste Credit received an investment of approximately USD 3.8 million from Nexus Venture Partners. Namaste Credit operates an online application based technology and data analytics platform that matches small & medium enterprises or individuals looking for financing with prospective lenders. Several leading NBFCs and lenders […]

6 April 2018 at 19 : 14 PM

Tax Hotline: Tribunal: Sale to 100% step-down subsidiary not “transfer” for capital gains

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April 06, 2018 TRIBUNAL: SALE TO 100% STEP-DOWN SUBSIDIARY NOT “TRANSFER” FOR CAPITAL GAINS Sale to indirect subsidiary also covered under section 47(iv) of the Income-tax Act, 1961 Meaning of the term ‘subsidiary company’ to be understood with reference to the Companies Act Recently, in Emami Infrastructure Limited v. ITO,1 the Kolkata bench of the Income Tax […]

6 April 2018 at 18 : 12 PM

Introduction – Nishith Desai and Corpository (Apr 03, 2018)

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4 April 2018 at 18 : 31 PM

Dispute Resolution Hotline: Arbitration Council: The birth of a new regulator?

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April 04, 2018 ARBITRATION COUNCIL: THE BIRTH OF A NEW REGULATOR? This article was originally published in the 04th April 2018 edition of The Supreme Court passed judgments overruling its previous positions, and the government made changes to the law, bringing in much-needed air of freshness in an otherwise stale and abused law. Regulation is usually […]

3 April 2018 at 18 : 37 PM

Dispute Resolution Hotline: India-no statutory appeal if party fails to resist enforcement of a foreign award (Kandla v OCI Corporation)

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April 03, 2018 INDIA—NO STATUTORY APPEAL IF PARTY FAILS TO RESIST ENFORCEMENT OF A FOREIGN AWARD (KANDLA V OCI CORPORATION) This article was originally published in the 16th March 2018 edition of Arbitration analysis: The Supreme Court of India decided that a party that fails to resist the enforcement of a foreign award does not have […]

2 April 2018 at 18 : 41 PM

Dispute Resolution Hotline: Referring parties to Arbitration? Oral consent between Counsels not enough, holds Supreme Court of India

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April 02, 2018 REFERRING PARTIES TO ARBITRATION? ORAL CONSENT BETWEEN COUNSELS NOT ENOUGH, HOLDS SUPREME COURT OF INDIA Jurisdictional pre-condition for reference to arbitration is that the parties should seek a reference or submission to arbitration In the absence of an arbitration agreement, a court can refer parties to arbitration only with written consent of […]

30 March 2018 at 19 : 07 PM

Dispute Resolution Hotline: English Court for the first time sets aside an investor-state arbitral award on jurisdiction

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March 30, 2018 ENGLISH COURT FOR THE FIRST TIME SETS ASIDE AN INVESTOR-STATE ARBITRAL AWARD ON JURISDICTION English Court held that a claim for creeping expropriation is not precluded where there is a specific event in the chain of events that might ultimately be found to be a form of expropriation in itself; English Court […]

30 March 2018 at 14 : 13 PM

HR Law Hotline: Employee Severance Limit Doubled: A Gratuitous Act by the Indian Government!

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March 30, 2018 EMPLOYEE SEVERANCE LIMIT DOUBLED: A GRATUITOUS ACT BY THE INDIAN GOVERNMENT! The Payment of Gratuity Act, 1972 provides for payment of severance in the form of gratuity upon employment termination. As a result of the amendment, the Indian government now has the flexibility to determine the maximum gratuity payable to employees, thereby […]

30 March 2018 at 11 : 23 AM

Corporate Social Responsibility & Social Business Models in India

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A Legal & Tax Perspective This paper presents an insight into legal, regulatory and tax issues concerning non-profit entities in India. The paper also captures corporate social responsibility (CSR) as envisaged under the new Companies Act, 2013. Hope you have a good read. Feel free to contact us at ndaconnect@nishithdesai.com. View in Browser

29 March 2018 at 14 : 48 PM

Dispute Resolution Hotline: A director’s liability in cases of fraud

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March 29, 2018 A DIRECTOR’S LIABILITY IN CASES OF FRAUD This article was originally published in the 29th March 2018 edition of Given that investor directors are usually non-executive in nature, they should normally not be liable for actions which are largely promoter-driven In the past few weeks, the Central Bureau of Investigation (CBI) has registered […]

28 March 2018 at 19 : 49 PM