Article100% Foreign Investment In ARCs: Finally There?One of the main reasons attributed to the lack of the success of ARCs was that the ARCs were under-capitalized. IndiaGovernment, Public SectorNishith Desai Associates
ArticleIndia's Tax Regulator Issues Circular To Address Multiple Taxation Levels In Indirect TransfersCBDT recently released a circular providing relief to PE / VC funds on multiple taxation levels in the case of indirect transfersIndiaTaxNishith Desai Associates
ArticleIndia And Singapore Sign Protocol Revising Tax TreatyIndia and Singapore sign a protocol amending the agreement for avoidance of double taxation with Singapore.GlobalTaxNishith Desai Associates
ArticleCommon Institutional Investment In Ola And Uber Does Not Warrant Investigation - Not Yet?The Competition Commission of India ("CCI") through a recent common order,1 In Re: Meru Travel Solutions Pvt. Ltd. ("Informant") v. M/S ANI Technologies Pvt. Ltd ("Ola"), M/S Uber India Systems...IndiaAntitrust/Competition LawNishith Desai Associates
ArticleBombay HC: Having A Subsidiary Or Sub-Ordinate Place Of Business Sufficient To File Trademark Infringement Suit In That PlacePlaintiff No. 2 is a flagship company of the Aditya Birla Group and Plaintiff No. 1 is a subsidiary of Plaintiff No. 2.IndiaIntellectual PropertyNishith Desai Associates
ArticleUS Court Dismisses Motion For Class Action Against Mahindra & MahindraUS Court applied tests to be satisfied under US Federal Rules of Civil Procedure in a motion for ‘class action’ by the dealers.IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleIndian Revenue Issues Clarifications On The Black Money ActBlack Money Act covers residents with undisclosed foreign assets and income and non-residents who have invested Indian-sourced income in offshore assets.IndiaTaxNishith Desai Associates
ArticleChinese SOEs Taking Advantage Of Mauritius For Africa M&AA discussion on why Chinese companies are increasingly using offshore jurisdictions such as Mauritius. MauritiusWealth ManagementAppleby
ArticleNew SEBI Rules For AIF LPs To Co-InvestIn an attempt to regulate offering of co-investment opportunities to investors (or LPs) of Alternative Investment Funds ("AIFs")...IndiaFinance and BankingNishith Desai Associates
ArticleDelhi Tax Tribunal Reignites Software DebateThe characterization of payments made for shrinkwrapped software has been a controversial issue in India, resulting in a large number of litigations.IndiaTaxNishith Desai Associates
ArticleSEBI Commands Increased AuthorityThe President of India promulgated the Securities Laws Ordinance, 2013 amending the Securities Exchange Board of India Act, 1992, Depositories Act, 1996 and Securities Contracts Act, 1956.IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleSupreme Court: Arbitrators Can Award Post Award Interest On Interest Pendente LiteIn its recent judgment of M/s Hyder Consulting (UK) Ltd v. Governor State Of Orissa through Chief Engineer, the Supreme Court has considered the much debated question of whether post-award interest can be awarded by an arbitral tribunal on pendite lite interest under Section 31(7) of the Arbitration and Conciliation Act, 1996 (" Act"). The majority decision has held in the affirmative. IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleTax Treaty Not To Be Affected By Retroactive Amendments: Rules Delhi High CourtBeneficial provisions under a tax treaty will apply irrespective of amendment in the Income Tax Act.IndiaTaxNishith Desai Associates
ArticleIndian Unlisted Companies Allowed To List Internationally: Another Exit Route For Investors?Unlisted companies allowed to issue ADRs/ GDRs without the requirement of prior, simultaneous or subsequent listing on Indian stock exchanges.IndiaCorporate/Commercial LawNishith Desai Associates
ArticleNon-Residents Can Pledge The Shares Of An Indian Listed Company To An NBFCThe Reserve Bank of India has relaxed the provisions relating to pledge of shares held by non-resident shareholders in Indian listed companies.IndiaCorporate/Commercial LawNishith Desai Associates
ArticleBoost To E-Payments - Customers Given Protection For Fraudulent TransactionsCustomer not liable for amounts lost in fraudulent / unauthorized transactions where default not attributed to the customer, if reported to the bank within 3 working days.IndiaConsumer ProtectionNishith Desai Associates
ArticleRogue Or Not? –Delhi High Court Grants Its First Dynamic Injunction To Curb Online PiracyTo curb the menace of online piracy and hydra headed Rogue Websites/ Flagrantly Infringing Online Locations the High Court at DelhiIndiaIntellectual PropertyNishith Desai Associates
ArticleIndia's Tax Regulator "Clarifies" Indirect Transfers: Adds To The Morass Of Investor WoesRecently, on December 21, 2016, the "CBDT" released a circular containing responses to questions raised by various stakeholders in the context of the applicability of the indirect transfer provisions...IndiaTaxNishith Desai Associates
ArticleMedical Device Revamp: Regulatory Pathway Or Regulatory Maze?The Ministry of Health and Family Welfare has released two draft notifications to regulate all medical devices in India under the Medical Device Rules, 2017.IndiaFood, Drugs, Healthcare, Life SciencesNishith Desai Associates