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  • Article

    Are There Still Broken Links In Taxation Of 'Broken Period Interest'?

    It is common for corporates and financial institutions to invest in debt instruments in order to earn risk free/low risk returns. In cases where the debt instruments are acquired in secondary markets...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    GAAR In Practice: Lessons From Ayodhya Rami Reddy Alla And Anvida Bandi

    The question of substance over form has been a recurring theme in the interpretation of taxation laws.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    GST Rate Rationalization - Part 1: Provisions In India Relevant For GST Rate Rationalization – GST Act, Legal Metrology, Drugs And Cosmetics, SOGA And Other Allied Laws

    GST was introduced in India with effect from 1 July 2017, replacing plethora of taxes such as excise duty on manufacture of goods, VAT on sale of goods, service tax on provision of service...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Is The Difference Between Tax And Fees Obliterated?

    The question regarding the meaning and scope of terms Tax and Fees is one of the earliest interpretational issues taken up by the Hon'ble Supreme Court of India, yet the test to differentiate between said terms...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Product-By-Process: Perception By Indian Patent Law

    This article aims to explore the scope of patentability and infringement concerning product-by-process claims with a specific emphasis on the recent two decisions of the Delhi High Court...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Budget 2025: Rationalising Fast Track Mergers

    Recently in the Union Budget for the financial year 2025-26 the Hon'ble Finance Minister emphasized the government's commitment towards improving the ease of doing business in India.
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Aligning Exempt PF Trust Rules With The New Labour Codes And EPF Scheme, 2026: Need Of The Hour

    The implementation of India's new labour codes and the Employees' Provident Funds Scheme, 2026 introduces significant changes to the regulatory framework governing exempt PF trusts. Employers and trustees must navigate new requirements for exemption continuation, governance structures, audit procedures, and electronic administration while ensuring their trust deeds and operational processes align with the updated statutory framework.
    IndiaEmployment and HR
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    A Legal Analysis Of Plurilateral Rule Making At WTO

    Multilateralism is the founding principle of the World Trade Organization (‘WTO'). Except for certain agreements like the Agreement on Government Procurement, and certain understandings such...
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Public Or User Interest In Trade Defence Measures: Insights From The EU's Nuanced Approach In Balancing Competing Interests

    Trade remedy measures, like anti-dumping or countervailing duties, are necessary to protect the domestic producers from unfair import competition.
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Direct Tax Vivad Se Vishwas Scheme, 2024

    Taking note of the huge pendency of appeals before various appellate authorities and courts and considering the success of the Vivad se Vishwas Scheme, 2020 (VSV 2020)...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Capital Reduction: End Of The Road For Taxpayer Fate?

    The Supreme Court recently in Jupiter Capital[1] upheld the ruling of Bombay High Court that the complete reduction of capital (resulting in cancellation of shares) would be tantamount to transfer in terms of Section 2(47)...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Salient Features Your AI Usage Policy Should Have

    An AI usage policy (or AI acceptable use policy) is a document that guides how employees and the organization will utilize AI tools and systems.
    IndiaTechnology
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Standards And Quality Control Orders: The Backbone Of India's Quality Revolution

    BIS Amicus – September 2024 / Issue 3, as available here, delved into the key legal provisions of the BIS Act, 2016.
    IndiaConsumer Protection
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patentability Of Computer Related Inventions – Court's Inconsistent Approach Underscores Complexity But Creates Uncertainty

    The Delhi High Court, in two of its recent decisions, while adjudicating appeals against the rejection of the Appellant's (Blackberry Limited) patent applications...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    From Linklaters To Paul Wurth: The Changing Contours Of The Force Of Attraction Rule In Tax Treaties

    The Delhi Tribunal's recent ruling in Paul Wurth Italia has reshaped the application of the force of attraction rule under tax treaties, emphasizing that a permanent establishment's mere existence cannot justify taxation of all source-country profits. This decision marks a critical shift toward requiring demonstrable factual and functional nexus between the PE and disputed income, signaling a more restrained interpretation of this contested principle in international taxation.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Indian Court Reinforces Physical Presence As Cornerstone Of Service PE

    The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don't count, potentially reshaping compliance for multinationals...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    SEBI's Consultation Paper And The Winds Of AI Governance

    As artificial intelligence and machine learning takes centrestage in many business models and customer-centred activities, regulating them to prevent user harm becomes a key prerogative not just at a legislative but a regulatory level.
    IndiaTechnology
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Geographical Indications – Madhya Pradesh High Court Elucidates Registered Proprietor's Rights

    In a recent decision dated 18 December 2023[1], the Division Bench (Two-Judge Bench) of the Madhya Pradesh High Court, while adjudicating a petition under Article 227...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Gross Negligence And Wilful Misconduct In Investment Transactions

    A promoter plays a pivotal role in driving a company's growth and significantly contributes to its overall success.
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Setting Up A GCC In India: Managing Employment And IPR Risks

    India has emerged as the global hub for capability centres, but establishing one requires navigating complex employment laws, intellectual property protections, and data governance frameworks. Foreign businesses must understand how workforce structuring, restrictive covenants, IP ownership, and compliance obligations intersect to protect their investments and mitigate legal risks in this rapidly evolving landscape.
    IndiaEmployment and HR
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan

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