ArticleNon-Debt Instruments - The New Rules For Foreign FlowsIn a quiet mid-October surprise, nearly four and a half years after the passage of the Finance Act 2015 (20 of 2015)IndiaGovernment, Public SectorCyril Amarchand Mangaldas
ArticleDOJ's New Guidance Document: Is It Time To Re–Evaluate Your Corporate Compliance Programme?On April 30, 2019, the US Department of Justice (DOJ) published a guidance document, "The Evaluation of Corporate Compliance Programs" (Guidance) ...IndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticleSEBI Board Approves Framework For DVRs, New Definition Of ‘Encumbrance' And Clarifications To The Insider Trading RegulationsThe Securities and Exchange Board of India ("SEBI") at its board meeting on June 27, 2019 approved the following important proposalsIndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticleTrust Made Under Will Works Well For Bequeathing Assets To A MinorThe Private Client team at Cyril Amarchand Mangaldas is delighted to share, via our Private Client blog, our comments and opinions shared in various leading media publications globally.IndiaFamily and MatrimonialCyril Amarchand Mangaldas
ArticleIt's A Yes – For Banks!The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment FundsIndiaFinance and BankingCyril Amarchand Mangaldas
ArticleNCLT Smell Tests GAAR! Rejects Ajanta Pharma's Scheme Of Merger On Grounds Of Tax AvoidanceRecently, the NCLT rejected Ajanta Pharma Limited's scheme of amalgamation and arrangement between the company and its shareholder Gabs Investments Private Limited on the grounds of General Anti Avoidance Rules.IndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticlePart II – What's So Real About Real Estate Anyway?*An eight-part series covering the commercial and legal considerations of REIT listings in India. Click here to read Part 1.IndiaReal Estate and ConstructionCyril Amarchand Mangaldas
ArticleDelhi High Court Clarifies The Scope Of Directions Passed In Mahindra Judgment Re Appointment Of Judicial MemberIn a recent judgement, the Hon'ble High Court of Delhi (Delhi HC) clarified that the absence of a judicial member did not preclude the Competition Commission of India from performing its adjudicatory function.IndiaAntitrust/Competition LawCyril Amarchand Mangaldas
ArticleSupreme Court's Diktat On Powers Of The NGT: Can Developers Finally Rest Easy? – Part 2The first part of this two-part blog discussed the facts that led to the filing of appeals before the Supreme Court challenging the NGT's judgment dated May 4, 2016 and certain key issues discussed by the Supreme Court...IndiaEnvironmentCyril Amarchand Mangaldas
ArticleImpact Of The Companies (Amendment) Ordinance, 2018 On Registration Of ChargesOn November 2, 2018, the Ministry of Corporate affairs promulgated an ordinance (the Ordinance) inter alia amending certain provisions of the Companies ActIndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticleSchemes And The Amendment To The Takeover Regulations: A Step Backwards?Schemes of arrangement have been a favoured route for corporates to acquire shares of listed companies, given the many obvious pros of acquisitions undertaken through a court/ NCLT based scheme of arrangement.IndiaCorporate/Commercial LawCyril Amarchand Mangaldas
ArticleSin! Sin! Sin! : Supreme Court Declares Triple Talaq Unconstitutional!Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India (SC) liberated Muslim women from the perpetual fear of...IndiaFamily and MatrimonialCyril Amarchand Mangaldas
ArticleA New Year Ushers In The Insider Trading Regulations, 2015 Version 2.0These changes will become effective from April 1, 2019.IndiaFinance and BankingCyril Amarchand Mangaldas
ArticleThe Healthcare Service Personnel And Clinical Establishments (Prohibition Of Violence And Damage To Property) Bill, 2019In the backdrop of recent attacks and acts of violence against medical practitioners and a growing demand for protection in this regardIndiaFood, Drugs, Healthcare, Life SciencesCyril Amarchand Mangaldas
ArticleThe National Medical Commission Act, 2019. A Look : Part 2This blog post is a part of a multi-part series. In the first part, we had written about the salient features of the National Medical Commission Act, 2019 (NMC Act) and the regime proposed by it.IndiaFood, Drugs, Healthcare, Life SciencesCyril Amarchand Mangaldas
ArticleThe 70% Conundrum (Part I) – What Does The Haryana RERA Imply?There is a requirement under the Real Estate (Regulation and Development) Act, 2016 (Act) to keep aside 70% of receivables from allottees in a separate, designated bank account (RERA Account).IndiaReal Estate and ConstructionCyril Amarchand Mangaldas
ArticleAnti-Profiteering Orders – A Right Step Forward? Part IIAnother major cause for concern is the continued lack of clarity on the mechanism to pass on the commensurate reduction in price.IndiaTaxCyril Amarchand Mangaldas
ArticleClearing The Air: SC Confirms Disallowance Of Expenses Pertaining To Exempt IncomeOne of the most widely litigated issues in India is the disallowance of expenditure incurred on earning income that is exempt from tax. IndiaTaxCyril Amarchand Mangaldas
ArticleControl And Supervision Is The Important Factor To Determine The Nature Of Reimbursements In Secondment AgreementsWith increasing globalisation of the world economy, the continuous movement of people from one jurisdiction to another has become imminent.IndiaTaxCyril Amarchand Mangaldas
ArticleSupreme Court Rules: Deemed Dividends Are Taxable Only In The Hands Of ShareholdersThe Income Tax Act, 1961 (IT Act) contains several provisions to prevent tax evasion. IndiaTaxCyril Amarchand Mangaldas