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  • Article

    Antitrust And Competition Practice At Shivadass & Shivadass (Law Chambers)

    The Antitrust and Competition practice at Shivadass & Shivadass, stems from the team's inherent understanding of economics and competition.
    IndiaAntitrust/Competition Law
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Withdrawal Of Arbitration/Civil Enforcement Proceedings Upon Settlement Between Parties Is Not “Tolerating An Act” In GST

    The taxable event under GST laws is ‘supply’ and the same has been defined under Section 7 of the Central Goods and Services Tax Act, 2017 (“Act”) which is the fulcrum for collection of tax under GST.
    IndiaLitigation, Mediation & Arbitration
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Boardrooms Beware: India's Evolving Digital Governance Framework

    In June of 2025, the Central Consumer Protection Authority of India (CCPA) issued an advisory to e-commerce companies and industry associations to conduct self-audits and identify dark patterns within 3 months, from the date of the advisory.
    IndiaPrivacy
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Re-Examining Competition In The Age Of AI

    On October 6, 2025, the Competition Commission of India ("CCI") released a market study report on Artificial Intelligence and Competition ("Report").
    IndiaAntitrust/Competition Law
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Sections 129 And 130 Of The CGST Act: Distinct Remedies Within The GST Enforcement Framework And Their Jurisprudential Similarity With The Customs Act, 1962

    The enforcement framework under the Central Goods and Services Tax Act, 2017 (“Act”) embodies a carefully structured legislative mechanism intended to balance the protection of revenue with the facilitation of legitimate trade and commerce.
    IndiaTax
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Secondary Discounts Under GST: Industry Impact And Parity In Tax Treatment- Part II

    In Part I of the Article, we discussed the statutory framework governing post-sale (secondary) discounts and credit notes under the GST regime, especially the requirements of Section 15(3)(b) of the Central Goods and Services Tax Act, 2017 (Act) which proved difficult to reconcile with commercial practices, particularly in industries where discounts were determined after supply due to factors such as sales performance, market conditions or promotional schemes.
    IndiaTax
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Privacy As A Parameter Of Competition: NCLAT Weighs In!

    The judgement provides jurisprudence on various aspects of data protection and competition law, that have not been considered by Courts in India before
    IndiaAntitrust/Competition Law
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Marking The Beginning: India's First Step Towards AI Regulation

    Artificial Intelligence (AI) has reached an inflection point. Over the past couple years, it has accelerated into a system-shaping technology.
    IndiaTechnology
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Digital Markets And The Indian Competition Regulatory Landscape

    The Competition Act, 2002 ("Act") is India's premier (and only) comprehensive competition legislation, spearheaded by the Competition Commission of India ("CCI").
    IndiaAntitrust/Competition Law
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    The Dilution Dilemma: Income Tax Immunity In Land Acquisition

    Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“RFCTLARR Act”) is a general law governing the compulsory acquisition of land for strategic, infrastructural public purposes.
    IndiaTax
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Privacy And Digital Practices – A Competition Lens

    NCLAT recently delivered its judgment in WhatsApp v. Competition Commission of India, in an appeal that arose from the CCI's order, holding that WhatsApp's 2021 Privacy Policy Update, amounted to an abuse of dominant position under Section 4 of the Competition Act, 2002.
    IndiaPrivacy
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Private Settlements Of Proceedings: Boundaries Of The CCI's Jurisdiction

    Competition law in India is governed by the Competition Act, 2002 (‘Act’) which is not confined the adjudication of bilateral disputes; it is designed to protect market structure, consumer welfare, and the competitive process, as a whole. The distinction between a right in rem and a right in personam is central to understanding this design.
    IndiaAntitrust/Competition Law
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Corporate Guarantees In GST: Supply, Consideration And Deemed Valuation

    Such guarantees are commonly issued within corporate groups, typically by parent companies in favour of subsidiaries or related entities, to enable such entities to obtain financing from financial institutions.
    IndiaTax
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Fair Dealing In The Age Of AI: Lessons From ANI v OpenAI

    In July 2026, the Delhi High Court declined to grant ANI Media an interim injunction against OpenAI, being the first Indian Court to substantively engage on whether training a large language model with copyrighted content is unlawful. At the centre of this finding is whether OpenAI’s use of ANI’s articles to train its models, fall under the ambit of the ‘fair dealing’ exception under Section 52(1)(a) of the Copyright Act, 1957 (“Act”).
    IndiaTechnology
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Legislative Evolution Of Secondary Discounts Under GST - Part-I

    Manufacturers in industries such as automobile, FMCG, pharmaceuticals, electronics and consumer durables, commonly adopt post-sale (secondary) discount mechanisms to incentivize dealers, liquidate inventory and improve market competitiveness.
    IndiaTax
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Limits Of Revisional Jurisdiction Under The GST Regime

    Revisional powers are special statutory powers conferred upon higher authorities to examine and review orders passed by subordinate officers. The primary objective of conferring such powers is to safeguard the interests of the revenue.
    IndiaTax
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    The ‘Legitimacy’ Of Data Driven Elections - II

    India’s welfare schemes touch the lives of hundreds of millions of citizens. When these citizens sign up for a government benefit, they hand over some form of personal information like their name, Aadhaar number, mobile number, bank account details and/or any other particulars. This data however, often leads into the hands of political parties. In the run up to the 2019 general elections, a Union Minister reportedly stated that “beneficiaries are present in every poor household, and their testimonies are our campaign”, describing welfare scheme beneficiaries as not just targets but a “new addition to our voter base” .
    IndiaPrivacy
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    From Law–To–Code: India's Emerging Data Protection Compliance Infrastructure

    India is on the verge of implementing the Digital Personal Data Protection Act, 2023 ("DPDPA"). To assist the industry with compliance, the Ministry of Electronics and Information Technology (MeitY"), is exploring a "law-to-code" framework that seeks to build compliance directly into technological infrastructure by converting law into machine-executable rules capable of being automatically implemented within digital systems.
    IndiaPrivacy
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    A Benami Property Cannot Be Claimed Through A Benamidar’s Will: The Supreme Court Settles The Law

    Benami transactions have long served in India as a device to circumvent statutory restrictions including property ownership and conceal beneficial ownership from tax and regulatory authorities. This mischief is well known when a person pays the consideration for a property but acquires it in the name of another, thereby separating real ownership from ostensible title.
    IndiaLitigation, Mediation & Arbitration
    Shivadass & Shivadass
    Shivadass & Shivadass
  • Article

    Between Fraud Prevention And Digital Autonomy: Rethinking Sanchar Saathi

    On 28th November 2025 , the Department of Telecommunications issued a directive to manufacturers and importers of mobile handsets in India, to pre-install an application termed ‘Sanchar Saathi' – a mobile application that aims at enhancing cyber security at the device level and providing users with a platform to report cyber fraud.
    IndiaPrivacy
    Shivadass & Shivadass
    Shivadass & Shivadass

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