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23 May 2019 at 19 : 45 PM
Analyzing the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (May 15, 2019)
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17 May 2019 at 12 : 56 PM
Tax Hotline: Bombay High Court quashes 197 order rejecting Mauritius tax treaty benefits
Read MoreMay 17, 2019 BOMBAY HIGH COURT QUASHES 197 ORDER REJECTING MAURITIUS TAX TREATY BENEFITS High Court sets aside section 197 order due to absence of prima facie evidence of tax avoidance Rejects factors such as lack of business activities and administrative expenses as conclusive of sham transactions Holds that a detailed inquiry can be conducted […]
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16 May 2019 at 16 : 56 PM
The “E’s” of Enforcement of an Arbitral Award: Learnings from a Recent Matter (May 14, 2019)
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16 May 2019 at 15 : 06 PM
Dispute Resolution Hotline: Arbitration clause in an unstamped agreement? Supreme Court lays down the law
Read MoreMay 15, 2019 ARBITRATION CLAUSE IN AN UNSTAMPED AGREEMENT? SUPREME COURT LAYS DOWN THE LAW Unless the agreement which prescribes the arbitration clause is sufficiently stamped, the court cannot appoint an arbitrator; The court must impound the agreement on which adequate stamp duty has not been paid and hand it over to the relevant stamp […]
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16 May 2019 at 15 : 42 PM
E-Signatures and Stamping of Electronic Contracts (May 02, 2019)
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16 May 2019 at 13 : 32 PM
Technology Law + Regulatory Hotline: RBI’s Regulatory Sandbox: Analyzing the Proposed Framework
Read MoreMay 16, 2019 RBI’S REGULATORY SANDBOX: ANALYZING THE PROPOSED FRAMEWORK The RBI released the draft regulatory sandbox framework in April for public comments; NDA has submitted its comments on the draft The draft framework is targeted at fintech startups, with various eligibility conditions including a minimum net worth requirement of INR 50 Lakh The draft […]
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15 May 2019 at 16 : 02 PM
RBI Regulatory Sandbox Framework (May 13, 2019)
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14 May 2019 at 14 : 53 PM
Tax Hotline: Payments for online subscription services not to be taxed as royalty
Read MoreMay 14, 2019 PAYMENTS FOR ONLINE SUBSCRIPTION SERVICES NOT TO BE TAXED AS ROYALTY The ITAT affirms that fees paid for accessing an online database should not be treated as royalty or FTS but rather business income. Distinction made between provision of a copyrighted article and the grant of a right to use copyright. Human […]
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13 May 2019 at 17 : 05 PM
HR Law Hotline: PF Judgment : 5 important lessons
Read MoreMay 13, 2019 PF JUDGMENT : 5 IMPORTANT LESSONS This article was originally published in the May 2019 edition of In the recent provident fund (PF) judgment, the Hon. Supreme Court (SC) upheld the test of ’universality’. However, that did not seem to create any new jurisprudence – it basically and correctly reiterated the position […]
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13 May 2019 at 17 : 49 PM
Protection of Trade Secrets (May 08, 2019)
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13 May 2019 at 17 : 37 PM
Top 10 lessons from Star Health Deal. Part 2 (May 07, 2019)
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13 May 2019 at 17 : 10 PM
Top 10 lessons from Star Health Deal (May 06, 2019)
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9 May 2019 at 15 : 33 PM
Dispute Resolution Hotline: English Court’s dictum on the “Without Prejudice” Rule
Read MoreMay 09, 2019 ENGLISH COURT’S DICTUM ON THE “WITHOUT PREJUDICE” RULE “Without prejudice” correspondence attracts joint privilege and can only be waived with the consent of both parties. “Without prejudice” rule applies to protect admissions. The exception to the rule may be applicable when the relevance of the “without prejudice” documents/communication is independent of the […]
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8 May 2019 at 12 : 48 PM
IP Hotline: Export of patented product by a non-patentee for obtaining regulatory approval allowed: Delhi High Court
Read MoreMay 08, 2019 EXPORT OF PATENTED PRODUCT BY A NON-PATENTEE FOR OBTAINING REGULATORY APPROVAL ALLOWED: DELHI HIGH COURT The Delhi High Court has held that: Sale under Section 107A(a) of the Patents Act, 1970 includes export of a patented product by a non-patentee A non-patentee can sell (including export), use, etc. a patented product under […]
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7 May 2019 at 12 : 50 PM
Tax Hotline: Taxation of Unexplained Cash Credits: Recent Developments
Read MoreMay 07, 2019 TAXATION OF UNEXPLAINED CASH CREDITS: RECENT DEVELOPMENTS The Supreme Court allows the addition of share premium to the income of a company once field enquiries revealed that some of new shareholders / subscribers were not existent at the addresses supplied by the company in its explanation to the tax authorities. The fact […]
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6 May 2019 at 12 : 45 PM
Nishith Desai Associates: Court Corner
Read MoreMay 06, 2019 NDA SUCCEEDS IN GETTING A FAVOURABLE RULING ON SUPERVISORY COURT’S JURISDICTION EVEN FOR ENFORCEMENT OF AN ARBITRAL AWARD REGARDLESS OF THE LOCATION OF DEBTORS’ ASSETS. On April 26, 2019, Justice G.S. Patel of the High Court of Bombay pronounced a landmark judgment in relation to its territorial jurisdiction as the supervisory court […]
