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By Deepak Jodhani, Harsh Khemka
There are various provisions in the Act, which require valuation by a registered valuer including issuance of shares on preferential basis, compromise and arrangements between company and its creditors or members, minority shareholding buy-out, liquidation, etc.
By Chakrapani Misra, Ravitej Chilumuri, Shobhana Narayan
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
By Aakash Choubey, Suditi Surana, Aravind Venugopal
The New FEMA 20 eliminates several redundancies and clarifies a plethora of interpretational issues that plagued old regime.
By Ajay Bhargava, Jeevan Ballav Panda, Shalini Sati Prasad
On 10 October 2017, the Supreme Court of India in the matter of Duro Felguera, S.A. v. Gangavaram Port Limited has upheld the legislative policy and purpose to minimize the Court's intervention at the stage of appointing an arbitrator...
By Kumar Singh, Ashwin Bishnoi, Rajeev Vidhani, Dhwani Shah
The Amendments have put the onus on the Committee of Creditors to approve resolution plans which are viable and made by credible applicants to ensure that the resolution process protects and preserves the value of viable assets...
By Vinita Krishnan, Aditi Sharma
The CDBT has clarified the POEM implications of a company having its regional headquarters in India vis-à-vis decision-making by its Board of Directors.
By Daksha Baxi, Vinita Krishnan, Vivek Mimani, Surajkumar Shetty, Ankit Namdeo
The CBDT has issued a circular on 7 November 2017 granting some relief from the applicability of Indian capital gains tax on indirect transfers of Indian assets as contained in the Income Tax Act, 1961 (IT Act) to certain offshore holding structures.
By Mayank Singh, Anugya Sahai
SEBI has revised the block deal framework with effect from 1 January 2018 in a circular (CIR/MRD/DP/118/2017) issued on 26 October 2017 (SEBI Circular).
By Ritu Shaktawat, Shabnam Shaikh, Ankit Namdeo
The Supreme Court held that rendition of support services by Indian group company to its parent company in the US would not lead to creation of permanent establishment (PE) of the parent company in India in terms of India-USA Double Taxation Avoidance Agreement (DTAA).
By Harsh Walia, Shobhit Chandra
The Telecom Regulatory Authority of India issued its Recommendations on Regulatory Framework for Internet Telephony on 24 October 2017. These Recommendations will be instrumental in laying down an effective regulatory framework for internet telephony in India.
By Dinesh Agrawal, Ankit Shah, Anjali Krishnan
In view of the issues faced by exporters, the Government of India has notified supplies which would qualify as deemed exports and the concessional duty rates for the last leg of supply made to exporters when such goods are being exported as such.
By Sudip Mullick, Devendra Deshmukh, Harsh Parikh
The Maharashtra Real Estate Regulatory Authority has vide its circular dated 8 November 2017 bearing Reference No 11/2017 given a welcome clarification to the provisions of Section 15 of The Real Estate (Regulation and Development) Act, 2016.
By Tarunya Krishnan, Tanushree Bhuwalka, Aman Dwivedi
The Securities and Exchange Board of India seems to have adopted a rather strict and literal rule of interpretation to deny the exemption from making an open offer applicable to indirect acquisitions pursuant to schemes of arrangement.
By Ankur Khandelwal
Section 164(2)(a) of the 2013 Act provides for disqualification of directors if the company has not filed financial statements or annual returns for a continuous period of three financial years (non-compliance ground).
By Rajat Jariwal, Sahil Narang, Aakash Bajaj
THon'ble Supreme Court pronounced a judgment in the case of M/s Duro Felgueria SA v M/s Gangavaram Port Limited wherein the issue of composite reference to arbitration under multiple agreements between three parties was decided.
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