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  • Article

    NCLAT Reiterates That A Decree-Holder Cannot Be Treated As A Financial Creditor For Triggering CIRP Under IBC

    The National Company Law Appellate Tribunal, Delhi (NCLAT) in the case of Sh. Sushil Ansal Vs Ashok Tripathi and Ors, has reiterated that a decree-holder though covered under the definition of creditor under Section 3(10).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Delhi High Court Clarifies The Extent Of ‘Safe Harbour' Provisions For Intermediaries

    On 2 November 2018, the Delhi High Court (High Court), in Christian Louboutin SAS v Nakul Bajaj and Others (Civil Suit No. 344/2018) has laid down certain guiding principles in respect of liability of e-commerce platforms ...
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Orders Passed By Trade Mark Associate Managers To Be Revalidated

    Recently in the case of Visa International Ltd. v Visa International Service Association & Anr and Garden Silk Mills Private Limited v Rajesh Mallick & Ors., a Single Judge of the Calcutta High Court held that associate managers of the Trade Marks Registry ...
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
  • Article

    RoDTEP | Updates And Constitution Of Committee

    The DGFT has called for representations from the industry players to the RoDTEP Committee constituted for fixation of RoDTEP rates for AA, SEZ and EOU exports and relating to any anomalies or errors...
    IndiaInternational Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    SC Clarifies - New Ground Can Be Taken In Appeal Under Section 37 Of The Arbitration And Conciliation Act, 1996

    The judgment dated 8 November 2021 in State of Chhattisgarh & Anr. vs. M/s. Sal Udyog Private Limited Civil Appeal No.4353 of 2010 delivered by Hon'ble Justice Hima Kohli for a three Judge Bench...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Customs Valuation Of Marketing Spends For Importer Distributors – Decision Of The CESTAT In A Matter Argued By US

    Various promotional expenses with respect to sponsorship and sports products distributed and sold by Indo Rubber were booked as marketing spends in the books of Indo Rubber.
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Operational Control Over Hotels In India Creates Hyatt UAE's 'Permanent Establishment' In India

    In a landmark ruling on a foreign entity's taxable presence in India, the Supreme Court in Hyatt International Southwest Asia Ltd. v Additional Director of Income-tax, 2025 INSC 891 held that the existence of sustained, pervasive, and enforceable control ...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Redefining Calling Name Presentation: Enhancing Communication Or Compromising Privacy?

    On 23 February 2024, the Telecom Regulatory Authority of India (TRAI) issued recommendations on 'Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network'...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Three Supreme Court Judgments And Nineteen Months Later, Telecom Companies Are Back To Square One

    After days of prolonging uncertainty amongst telecom service providers with regard to the use of Aadhaar based e-KYC for verification and reverification of subscriber in wake of the Supreme Court's judgment ...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Aadhaar Authentication For Private Entities: Navigating The 2025 Amendment

    On 31 January 2025, the Ministry of Electronics and Information Technology has notified the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Amendment Rules, 2025
    IndiaPrivacy
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Data Privacy Law Considerations In NCLAT's Stay Order Of The CCI WhatsApp Decision

    On 23 January 2025, the National Company Law Appellate Tribunal (NCLAT) stayed the Competition Commission of India's (CCI) decision restricting WhatsApp from sharing user data with Meta companies for advertising purposes over the next five years.
    IndiaPrivacy
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Homebuyers Entitled To An Additional Remedy Against Builders

    Amounts raised from homebuyers contribute significantly to the construction of the real estate projects and hence it is necessary to treat homebuyers as financial creditors.
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    GST Update | Rate Rationalization On Food Products

    Amongst the myriad representations placed before the Goods and Service Tax Council (GST Council) for consideration in their 47th meeting,...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    GST Update | Rate Ratıonalization On Food Products

    Amongst the myriad representations placed before the Goods and Service Tax Council (GST Council) for consideration in their 47th meeting,...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    High Court Of Orissa Allows Input Tax Credit On Goods And Services Used For Construction Of Immovable Property

    The Hon'ble High Court of Orissa, vide its order dated 17 April 2019, in in Safari Retreats Private Limited v Chief Commissioner of Central Goods & Service Tax [W.P. (C) 20463 of 2018], has allowed availment of ITC...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Reduction In Penalty Payable On Deficit Stamp Duty Upon Impounding Of Registered Instruments In Maharashtra

    On 31 July 2024, the Maharashtra Tax Laws (Amendment) Act, 2024 (Amendment Act) was passed, with a view to amend certain tax laws in the state of Maharashtra.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Special Procedures Notified Under GST Law For Corporate Debtors Undergoing Insolvency Resolution

    The GST Council during its 39th meeting, held on 14 March 2020, decided that a special procedure should be prescribed for corporate debtors undergoing the corporate insolvency resolution process under the provisions IBC ...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Taxing The Digital Economy – Thresholds For Constituting Significant Economic Presence Notified

    The concept of ‘Significant Economic Presence' (SEP) was introduced in India's domestic tax law in 2018, with the intent of bringing income of non-residents operating in the online / digital space...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Third Judge Of Bombay High Court Pronounces Verdict On Powers Of State To Levy GST On Intermediary Services To Foreign Customers

    Taxation of intermediary services to offshore customers / clients has been one of the most contentious topics of the GST regime.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Strengthening Cybersecurity In Space: CERT-In Space Cybersecurity Framework

    The Indian Computer Emergency Response Team (CERT-In), under the Ministry of Electronics and Information Technology (MeitY), in collaboration with SatCoM Industry Association (SIA-India) released the Cyber Security Framework and Guidelines for Space including Satellite Communication (Framework) on 26 February 2026.
    IndiaTechnology
    Khaitan & Co.
    Khaitan & Co.

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