Author Archives | Nishith TV

3 January 2019 at 17 : 34 PM

Dispute Resolution Hotline: English Court of Appeal clarifies scope of Litigation Privilege

January 03, 2019 ENGLISH COURT OF APPEAL CLARIFIES SCOPE OF LITIGATION PRIVILEGE Legal advice given to avoid, or even settle proceedings which are reasonably contemplated, would receive the same level litigation privilege as in cases of defending or resisting litigation. Litigation privilege does not cover all documents brought into existence for the purposes of actual […]

28 December 2018 at 03 : 53 AM

Tax Hotline: Allotment of shares at less than FMV not taxable under section 56(2)(vii), provided it is not disproportionately higher than existing shareholding proportion and part of a genuine business

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December 28, 2018 ALLOTMENT OF SHARES TO EXISTING SHAREHOLDER AT LESS THAN MARKET VALUE NOT TAXABLE UNDER SECTION 56(2)(VII) WHERE ALLOTMENT NOT DISPROPORTIONATELY HIGHER THAN EXISTING SHAREHOLDING PROPORTION, AND PART OF GENUINE BUSINESS TRANSACTION Following the ruling in Sudhir Menon HUF, allotment of shares to the taxpayer (an existing shareholder of a company) at less than FMV […]

21 December 2018 at 14 : 02 PM

Dispute Resolution Hotline: Arbitration Bill 2018 – Regressive and Retrograde

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December 21, 2018 ARBITRATION BILL 2018 – REGRESSIVE AND RETROGRADE This article was originally published in the 19th December 2018 edition of BRIEF INTRODUCTION: The Arbitration & Conciliation ( Amendment) Bill, 2018 is due to be placed before the Rajya Sabha. If passed in its current form it will set up a regulator for arbitration in India, […]

20 December 2018 at 18 : 13 PM

TM assignment (December 10, 2018)

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20 December 2018 at 18 : 45 PM

Draft Payment and Settlement System Bill, 2018 (December 12, 2018)

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17 December 2018 at 18 : 14 PM

Dispute Resolution Hotline: Ineligibility of Arbitrators – Arbitration Amendment Act applies prospectively

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December 17, 2018 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. Parties cannot approach the Court for the appointment of an independent arbitrator when an arbitrator has already […]

10 December 2018 at 16 : 11 PM

Cross Border Insolvency – Insolvency Law Committee Report (December 04, 2018)

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6 December 2018 at 18 : 07 PM

Funds Hotline: How Key person events can Lock funds worth millions?

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December 06, 2018 HOW KEY PERSON EVENTS CAN LOCK FUNDS WORTH MILLIONS? A recent senior hire by global alternatives giant Kohlberg Kravis Roberts & Co (KKR) from CLSA Capital Partners (CLSA) has brought the spotlight on a significant clause in investments funds documentation – key person event. The purpose of such key person event provision […]

6 December 2018 at 13 : 38 PM