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Your search for ‘Nishith Desai Associates’ returned 1,099 results

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  • Article

    Tax Issues In M&A Transactions

    The Indian Income Tax Act, 1961 ("ITA") contains several provisions that deal with the taxation of different categories of mergers and acquisitions.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Tribunal Limits Scope Of ‘Associated Enterprises': Influencing Price Without De Facto Control Not Enough For Applying Transfer Pricing Regulations

    Orchid Pharma Ltd. ("OPL"/ "Taxpayer") is a global pharmaceutical company which produces and sells active pharmaceutical ingredients (APIs) and finished dosage forms (FDFs) around the world.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
Article

The Digital Health And Medical Device Revolution In India

The landscape of the Indian healthcare industry is in constant flux, with new developments taking place on an almost daily basis in terms of both technology and law.
IndiaFood, Drugs, Healthcare, Life Sciences
Nishith Desai Associates
Nishith Desai Associates
  • Article

    Insolvency And Bankruptcy: Whether Challenge To An Arbitral Award Is An ‘Existing Dispute' Under The Code?

    Recently, the Supreme Court of India ("Supreme Court") in K. Kishan v. M/s Vijay Nirman Company P. Ltd., has considered whether the Insolvency and Bankruptcy Code, 2016 ("the Code") can be invoked in respect of an operational debt where the arbitral award passed against the operational debtor creating such debt, is pending challenge under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    IRDAI: Walking The Talk?

    In a move to liberalize the insurance sector, the Insurance Laws (Amendment) Act, 2015 ("2015 Act") was notified in March, 2015.
    IndiaInsurance
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Arbitral Tribunal v. Court

    Affirming the duty of a curial court in arbitration, recently the Delhi High Court in Indeen Bio Power Limited ("Petitioner") v. Dalkia India Pvt. Ltd1
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Ineligibility Of Arbitrators - Arbitration Amendment Act Applies Prospectively

    The Arbitration and Conciliation (Amendment) Act, 2015 does not apply retrospectively to arbitration proceedings commenced prior to it coming into force, unless the parties otherwise agree.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Foreign Tax Credits Available For Exempt Indian Income: Karnataka High Court

    The Karnataka High Court ("HC" or "High Court') recently held that Wipro is eligible to claim tax credit on foreign taxes paid in relation to exempt income under section 10A of Income Tax Act...
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Netherlands Entity Held To Be Resident Of Canada: Canadian Tax Court Rules On POEM!

    Netherlands incorporated company held to be resident of Canada pursuant to its place of effective management in Canada.
    CanadaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Independent Director? Check This Box First! - Government Introduces Independent Director's Databank

    If an ID fails to renew the registration, his/her name shall stand removed from the Data Bank.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Foreign Investors Permitted To Put: Some Cheer, Some Confusion

    ‘Put Options’ in favour of a non-resident requiring an Indian resident to purchase the shares held by the non-resident under the foreign direct investment regime were hitherto considered as violative of the FDI Policy by the Reserve Bank of India ("RBI").
    IndiaFinance and Banking
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    QFIS: The New Investment Route Of Choice

    In light of the recent press release of the Ministry of Finance dated May 29, 2012 on Qualified Foreign Investors , we are organizing an interactive audio call to provide our views and insights.
    IndiaGovernment, Public Sector
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    NCLT, Courts And The RBI Work Together To Implement The Bankruptcy Code

    In the most recent development in the ongoing battle against Non-Performing Assets ("NPA's"), the Gujrat High Court ("GHC") upheld the constitutionality of the RBI Press Note dated June 13, 2017...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Edtech Platform Held Liable For Hosting Infringing Content

    Platforms hosting user content and retaining control over the content, by exercising their right to modify and refuse uploads, cannot claim safe harbour protection under Section 79 of the Information Technology Act, 2000.
    IndiaIntellectual Property
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Statutory Remedy Vs. Arbitration: What Survives? Interplay Between Special Statutes And The Arbitration Act On Applicability Of Non-Obstante Clauses

    Disputes governed by statutory enactments established for specific public purpose cannot be mandatorily referred to arbitration...
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Supreme Court's Dictum On Reference Of Non-Signatories To Arbitration In Domestic Arbitrations

    With the expanding dimensions of arbitration in India, Indian courts have maintained their stance in referring parties to arbitration, besides ensuring minimal interference in the same.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Supreme Court: Section 138 Of The NI Act Is Self-Contained; CrPC Is Not Applicable To Dishonour Of Cheques

    Recently, in N. Harihara Krishnan v. J. Thomas, the Supreme Court ("SC") has held that Section 1382 of the NI Act is self-contained, in so far as it creates an offence and prescribes necessary punishment.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Bombay High Court Quashes 197 Order Rejecting Mauritius Tax Treaty Benefits

    High Court sets aside section 197 order due to absence of prima facie evidence of tax avoidance ...
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    DISHA: The First Step Towards Securing Patient Health Data In India

    "A journey of a thousand miles begins with a single step." The Digital Information Security in Healthcare Act (‘DISHA') is that firm first step taken by the Indian Government in the long journey ...
    IndiaFood, Drugs, Healthcare, Life Sciences
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Governance Of AIFs: In Contrast With Corporate Governance

    Alternative Investment Funds are primarily instituted as private trusts in India, even though the Securities and Exchange Board of India allows an AIF to be instituted as a company, a limited liability partnership, …
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Showing 781–800 of 1099 results

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