ArticleIndia Based Managers Not To Lead To Tax Exposure For Offshore Funds: A ProposalThe proposed safe harbor from domestic taxation for offshore funds would follow the precedents in UK and other jurisdictions.IndiaTaxNishith Desai Associates
ArticleVodafone Victorious In Multi Million Transfer Pricing Battle, Yet Again!The Bombay High Court held that shares issued at premium by a resident entity to a non-resident entity didn’t give rise to income and there is no ‘international transaction’ to trigger transfer-pricing provisions.IndiaTaxNishith Desai Associates
ArticleSEBI To Tighten Framework For Offshore Derivative InstrumentsThe recent Press Release of SEBI suggests that SEBI has decided to tighten the norms for the ODI framework under the FPI Regulations. IndiaFinance and BankingNishith Desai Associates
ArticleSupreme Court Clarifies The Narrow Scope Of 'Public Policy' For Challenge Of Indian AwardThe primary issue before the Supreme Court was to decide the correctness of the Impugned Judgment. IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleWelcome To Work In India: Recent Rulings On Taxation Of Seconded ExpatsThe Delhi Income Tax Appellate Tribunal ("ITAT") and the Delhi High Court ("HC") recently passed judgments which are likely to have a positive impact in relation to expatriates seconded to India by multinational companies.IndiaTaxNishith Desai Associates
ArticleIndia Continues Its March Towards A Model Dispute Resolution RegimeThe Union Cabinet recently cleared bills proposing to amend the arbitration law and the jurisdiction of commercial courts in India.IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleDirection For CAG Audit Of DISCOMs Quashed: Private Companies Can Be Subject To CAG AuditThe High Court has now allowed the writ petition and quashed the directions for subjecting DISCOMs to CAG audits.IndiaAccounting and AuditNishith Desai Associates
ArticleDelhi High Court Upholds Clause Conferring Jurisdiction On Foreign Court (Bharat Heavy Electricals Ltd V Electricity Generation Incorporation)Dispute Resolution analysis: The High Court in Delhi has upheld a jurisdiction clause conferring jurisdiction on the Commercial Court in London.IndiaCorporate/Commercial LawNishith Desai Associates
ArticleIBA-GEI-National Regulatory Trends In Human Resources LawThis is the eighth AGR and is based on responses from lawyers in 50 countries.GlobalEmployment and HRNishith Desai Associates
ArticleCCI Gets Tough On Public Sector UndertakingsThe Competition Commission of India recently imposed a penalty of INR 6.69 billion on four public sector insurance companies for causing an appreciable adverse effect on competition in the health insurance sector.IndiaAntitrust/Competition LawNishith Desai Associates
ArticleMerger Control Filings Get A Breather!Enterprises no longer required to notify the Competition Commission of India within 30 days of the trigger event. IndiaAntitrust/Competition LawNishith Desai Associates
ArticleCan India Be The Philosopher's Stone For UK's Education Market?From Oxford to Hogwarts, the UK is undoubtedly home to some of the most iconic schools, colleges and universities in the world. IndiaConsumer ProtectionNishith Desai Associates
ArticleInstitute Of Eminence: Inching Towards World Class Education In IndiaThrough Institution of Eminence ("IoE"), the government aims to create 20 world class higher education institutions in IndiaIndiaConsumer ProtectionNishith Desai Associates
ArticleClarifications On FDI In Multi Brand Retail Trading: As Restrictive As It May GetThe Department of Industrial Policy and Promotion of the Ministry of Commerce and Industry on June 6, 2013, has issued a Clarification on the queries of prospective investors with respect to the provisions on Multi Brand Retail Trading under the Consolidated Foreign Direct Investment Policy.IndiaCorporate/Commercial LawNishith Desai Associates
ArticleShare Transfer At Cost To Parent Company Not A Sham: ITAT MumbaiThe judgment is particularly relevant to share transfers to related parties, in a group restructuring exercise.IndiaCorporate/Commercial LawNishith Desai Associates
ArticleContract Theory: Lessons For Employment LawyerThe 2016 Nobel Prize for Economic Sciences was awarded to Dr. Oliver Hart and Dr. Begnt Holmstrom for their remarkable work in the field of Contract Theory.IndiaEmployment and HRNishith Desai Associates
ArticleCross-Border Stock Swap: Panacea For Startup Fund Crunch?On the first anniversary of the startup policy, and as a possible outcome of the 2017 budget, startups were looking at the central government with hope.IndiaFinance and BankingNishith Desai Associates
ArticleRegulatory Yearly Wrap 2021: Healthcare In IndiaThe past year has seen some significant developments in the healthcare sector in India. The passage of a new law to provide standards for education and services performed by allied and healthcare professions...IndiaFood, Drugs, Healthcare, Life SciencesNishith Desai Associates
ArticleBankruptcy Code Amendment: Parliament Confirms Bidding RestrictionsIn order to address the vexed issue of eligibility of certain class of promoters to bid for projects, Government of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance...IndiaInsolvency/Bankruptcy/Re-StructuringNishith Desai Associates
ArticleBreathing Fresh Life Into Old DebtsThe NCLAT has recently ruled that even if one were to apply the Limitation Act, 1963 to the Insolvency & Bankruptcy Code, 2016, the limitation period for initiating proceedings...IndiaInsolvency/Bankruptcy/Re-StructuringNishith Desai Associates