In our experience while dealing with corporate clients in representing them in an action for damages, contractual claims etc. in arbitration proceedings or in court of law and in advising them afterwards, ...

In terms of modified instruction No. 1914 dated 21.03.1996 issued by CBDT, payment required to be made by the assessee as a precondition for a stay of demand disputed before CIT(A) is 20%.

For organising the distribution of goods in foreign countries, agency is the simplest form being used by many multinationals.

Most arbitration disputes involving an Indian party are shaped years earlier, by a clause drafted in a few minutes. Indian courts have settled several questions about those clauses in recent years: how the seat is identified, whether one party may appoint the arbitrator, what an unstamped contract does to the clause, and when a company that never signed can be bound. This note answers those questions for businesses contracting with Indian parties and for Indian businesses contracting abroad. It sits alongside the firm’s longer analysis of drafting arbitration clauses against Indian counterparties.

In the dynamic and rapidly evolving global marketplace, particularly in fast-growing economies like India, there are ever-growing commercial transactions amongst entities within India as also in international transactions ...

Foreign parties contracting with Indian companies usually choose a seat outside India, and usually assume that the choice puts Indian courts out of the picture. It does not.

These clauses are sought to be kept by the employer in an employment contract with an employee and also in commercial agreements ...

In this article, the author seeks to analyse how ITAT committed an error in its decision in the case of Milan Intermediaries LLP vs the Income Tax Officer, Ward- 2(1)(4), Ahmedabad on 26th July 2018.

In terms of provisions of Section 2(e) of the India Contract Act, every promise and every set of promises forming the consideration for each other is an agreement.

In India, the Companies Act 2013 ("The Act") contains law governing the functioning of the companies incorporated under the said Act.

Reopening of an assessment concluded under section 143(1) or even under section 143(3) (Scrutiny Assessment) of Income Tax Act, 1961 is a dreaded nightmare of any assessee.

Parts I and II carried the foreign-seated award from the drafting of its clause to the door of the Indian enforcement court. This part is about the last thing standing at that door.

In this article, which is part II of the series "Debt versus Damages- Why Bother?", we seek to examine damages under Indian Contract Act, distinction between unliquidated and liquidated damages under ICA and ...

An engineering, procurement and construction contract in India is taxed on the strength of decisions taken before the award: how the scope is divided, which entity signs, where title to equipment passes, and what the employer is told to withhold.

The Tiger Global judgment arises from a specific factual context, its reasoning reflects a broader doctrinal move towards an arrangement-centric analysis that weakens traditional assumptions around treaty primacy and grandfathering...

In the realm of commercial transactions, the terms ‘debt' and ‘damages' frequently arise, yet they are often misunderstood.

Part I built the clause. This article addresses the enforcement architecture, the Indian party’s remedies and exploitation, and the four-step protocol that counters each of them.

Recovering an unpaid invoice from an Indian company need not mean years in an ordinary civil suit. Indian law offers several faster routes: insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC), summary procedures in the commercial courts, a statutory regime for micro and small suppliers, and arbitration. Foreign creditors have two further options: executing a judgment from their home court, or enforcing a foreign arbitral award. The right choice turns on three questions. Is the debt genuinely disputed? Where are the debtor’s assets? What does the contract say?

Two questions about the Mutual Agreement Procedure decide more outcomes than any other: what happens when the Indian payer, rather than the foreign recipient, is the one held liable, and whether to run MAP or an Indian appeal. This note answers those first, then the procedural questions. From 1 April 2026 the Income-tax Act, 2025 and the Income-tax Rules, 2026 govern the procedure, so the familiar references to Rule 44G and Form 34F now point to Rule 121 and Form 55. The firm sets out the position in full in its analysis of the Mutual Agreement Procedure in India.

The Indian Income Tax Act, 1961 operates on the foundational premise of distinguishing between capital receipts and revenue receipts.