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  • Article

    Expense Disallowance Discriminatory When Not Applicable To Payment To Residents

    While negotiating cross-border transactions, quite often the parties involved are not in agreement with respect to taxability of the transaction and applicability of withholding tax obligations.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India's Tax Regulator Issues Press Release, Keeps In Abeyance Clarifications On Indirect Transfer

    CBDT had recently, in December 2016, released a circular containing clarifications on questions raised by stakeholders on various issues relating to indirect transfer provisions...
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India Budget Analysis 2019-20

    Earlier today, the Indian Finance Minister (FM) presented the 1st Budget of the newly formed government for financial year (FY) 2019-20.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Are We Prepared For The Driverless Future Yet?

    In the wake of the Tempe car crash, road-safety advocates have now called for rules around autonomous vehicles to be tightened rather than loosened.
    IndiaTechnology
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    A Liquidated Damages Clause Does Not Oust The Need To Prove The Loss: Bombay HC

    The case provides guidance on a party's obligation to plead and prove actual loss even in a scenario where the contract stipulates grant of liquidated damages.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Employment Termination In India - High Court Injunction Against IT Sector Employer

    The Madras High Court has restrained India’s leading information technology ("IT") company from terminating the employment of a software analyst.
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Employment Termination Without Notice And Inquiry Justified For Unauthorised Long Leave

    The presumption by the employer that the employee is not interested in the job when he/she is absent from work for a long duration without the authorization of the employer, has been considered as reasonable.
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Supreme Court Clarifies: Recovery Application By Banks Stayed Against Sick Company

    The Supreme Court held that the provisions of the Sick Industrial Companies Act, 1985 shall prevail over the provision for the recovery of debts in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Discussion Paper: Online Curated Content Regulation

    This discussion pape.r was first presented at the ‘Seminar on Film Certification and Regulation of Online Content' organized by the Ministry of Information and Broadcasting.
    IndiaMedia, Telecoms, IT, Entertainment
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India-Time Limits To Complete Arbitration Proceedings (Jayesh Pandya v Subhtex)

    Recently, the Supreme Court of India in Jayesh Pandya & Anr. v. Subhtex India Limited held that mandate of an Arbitrator terminated if they fail to act without undue
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    In A First, SEBI Imposes Criminal Sanction Exercising New-Found Statutory Powers

    The Securities and Exchange Board of India ("SEBI"), in a recent order committed an individual defaulter, Mr. Vinod Hingorani, to civil imprisonment for a period of six months or until the dues are paid, for defaulting on payment of monetary penalty imposed on him by SEBI in the past.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    A Director's Liability In Cases Of Fraud

    Given that investor directors are usually non-executive in nature, they should normally not be liable for actions which are largely promoter-driven
    IndiaCriminal Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Indian Court Protects Employees’ Payments During Liquidation Proceedings

    The Supreme Court of India has held that in the event of liquidation of a company, claims of employees have to be considered by the Official Liquidator of the company and not by the Debt Recovery Tribunal.
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    SC Blamed For Economic Slowdown, But It Was Just Upholding The Law

    Recently Senior Advocate Harish Salve accused the apex court for economic slowdown, repelling foreign investors
    IndiaGovernment, Public Sector
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Uninvoked/Unmatured Claims Can Be Treated As Valid Debt Under Insolvency Code

    A claim submitted by a creditor during the insolvency resolution process can be disputed, undisputed, matured or unmatured
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Another Challenge For The Judiciary

    A small but very significant change made by the government is in the appointment of judges to commercial courts.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Cloudy Cloud Computing Paper By TRAI

    I am rather disappointed with the 119 page consultation paper on cloud computing from the Telecom Regulatory Authority of India (TRAI).
    IndiaMedia, Telecoms, IT, Entertainment
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    COMPAT Chastises Mechanical Application Of Law By Director-General And CCI

    The Competition Appellate Tribunal (‘COMPAT') allowed the appeal of Andhra Pradesh Film Chamber of Commerce (‘APFCC') and held that APFCC was not guilty of anti-competitive practices.
    IndiaAntitrust/Competition Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Doing Business in India : Considerations From a Switzerland-India Tax Perspective

    India's traditional policy of non-alignment and the Swiss policy of neutrality, coupled with shared values of democracy and rule of law have forged close ties between the two countries.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Sebi Introduces Recording On Non-Disposal Undertaking

    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates

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