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8 July 2022 at 15 : 04 PM
Tax Hotline: Taxation of Crypto-assets
Read MoreJuly 08, 2022 TAXATION OF CRYPTO-ASSETS Emerging regime for Virtual Digital Assets (VDAs) CBDT clarifies the obligation of Exchanges with respect to withholding tax under section 194S Mechanism for conversion of tax withheld in VDA to fiat provided Gift card or vouchers, reward points, airline miles etc. not in the scope of VDA Where […]
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8 July 2022 at 15 : 06 PM
Supreme Court: Personal Guarantors can be made liable under Insolvency Code prior to any action against Principal Borrower
Read MoreJul 08, 2022 . Welcome to the Insolvency and Bankruptcy podcast of Nishith Desai Associates. In this podcast, Sahil Kanuga talks about a recent pronouncement of the Supreme Court in Mahendra Kumar Jajodia v. State Bank of India providing clarity on the right of creditors to initiate insolvency resolution process against personal guarantors of the […]
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8 July 2022 at 12 : 39 PM
Insolvency and Bankruptcy Hotline: Supreme Court: Personal Guarantors can be made liable under Insolvency Code prior to any action against Principal Borrower
Read MoreJuly 08, 2022 SUPREME COURT: PERSONAL GUARANTORS CAN BE MADE LIABLE UNDER INSOLVENCY CODE PRIOR TO ANY ACTION AGAINST PRINCIPAL BORROWER This article was originally published by IBC Laws on July 06, 2022. INTRODUCTION A recent pronouncement of the Supreme Court in Mahendra Kumar Jajodia v. State Bank of India (2022) ibclaw.in 32 SC provides further clarity […]
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7 July 2022 at 15 : 33 PM
Supreme Court rules on commercial wisdom of creditors to allow withdrawal of insolvency proceedings
Read MoreJul 07, 2022 Welcome to the Insolvency and Bankruptcy podcast of Nishith Desai Associates. In this podcast, Sahil Kanuga talks about the order of the Supreme Court in Vallal RCK v. M/s. Siva Industries & Anr. where the Supreme Court has once again given precedence to the commercial wisdom of the committee of creditors. […]
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6 July 2022 at 17 : 35 PM
Dispute Resolution Hotline: Supreme Court’s quick fix for backlog in arbitral appointments by High Courts
Read MoreJuly 06, 2022 SUPREME COURT’S QUICK FIX FOR BACKLOG IN ARBITRAL APPOINTMENTS BY HIGH COURTS The Supreme Court took cognizance of the backlog in applications filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act 1996 before various High Courts, few of which had been pending for over four or five years. […]
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6 July 2022 at 11 : 43 AM
Social Sector Alert: Not-for-profits Rejoice: Receiving Foreign Contributions Made Easy
Read MoreJuly 06, 2022 NOT-FOR-PROFITS REJOICE: RECEIVING FOREIGN CONTRIBUTIONS MADE EASY The Foreign Contribution (Regulation) Rules 2011 (“2011 Rules”) has been amended by The Foreign Contribution (Regulation) Amendment Rules, 2022; enforced from July 1, 2022. Persons/associations can receive up to 10 lakh INR (approx. $13000) and a time of three months to declare if the […]
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5 July 2022 at 16 : 47 PM
Debt Funding in India Series: Credit Default Swap: Grooming the Infamous Device
Read MoreJuly 05, 2022 CREDIT DEFAULT SWAP: GROOMING THE INFAMOUS DEVICE I. ORIGIN OF CREDIT DEFAULT SWAP IN INDIA Capital infusion is often required for a company to carry on its business and broadly there are two ways to furnish this need: (a) to infuse equity into the organization, and (b) to avail loans. When a […]
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2 July 2022 at 11 : 21 AM
New Publication: Law of Damages in India
Read MoreJuly 02, 2022 Damages have gained much significance especially in commercial transactions, and as punitive measures for violation of rights of concerned persons. Damages are popularly granted in cases of tort or on breach of contract. This paper broadly covers damages in cases of contractual breaches in India and the practical implications of certain […]
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1 July 2022 at 16 : 37 PM
Competition Law Hotline: NCLAT Order in Amazon/FCPL Is a Missed Opportunity for Answering Substantive Questions of Law
Read MoreJuly 01, 2022 NCLAT ORDER IN AMAZON/FCPL IS A MISSED OPPORTUNITY FOR ANSWERING SUBSTANTIVE QUESTIONS OF LAW BACKGROUND There has been significant news coverage surrounding Amazon and Future Retail’s disputes related to the latter’s proposed sale of retail assets to the Reliance Group. We have in a previous hotline, covered some aspects of the dispute, while […]
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1 July 2022 at 11 : 28 AM
Mid-year Regulatory Update 2022: Food Industry in India
Read MoreJuly 01, 2022 MID-YEAR REGULATORY UPDATE 2022: FOOD INDUSTRY IN INDIA INTRODUCTION The food sector is one of the largest and diverse industries in India. In the recent past, the food industry has been gearing up to keep up with shift in consumer preferences towards health foods and sustainability. The first half of 2022 has […]
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30 June 2022 at 17 : 49 PM
Mid-year Regulatory Update 2022: Healthcare Industry in India
Read MoreJune 30, 2022 MID-YEAR REGULATORY UPDATE 2022: HEALTHCARE INDUSTRY IN INDIA INTRODUCTION Since the beginning of the pandemic, there is increased industry and regulatory focus on transformation of healthcare. The healthcare industry in India has especially benefitted from cross-industry convergence and integration of technology during this period. As healthcare delivery is moving outside the four […]
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30 June 2022 at 13 : 44 PM
Yes, Governance Matters. – SEC imposes largest ever penalty on EY
Read MoreJune 30, 2022 SEC IMPOSES LARGEST EVER PENALTY ON EY On June 28, 2022, the U.S. Securities and Exchange Commission (“SEC”) charged1 Ernst & Young LLP (“EY”) for (i) cheating by its audit professionals on exams required to obtain and maintain Certified Public Accountant (CPA) licenses; and (ii) withholding evidence of this misconduct from the […]
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29 June 2022 at 16 : 49 PM
Pharma & Healthcare Update: Doctors under watch for Professional Misconduct – National Medical Commission in action
Read MoreJune 29, 2022 DOCTORS UNDER WATCH FOR PROFESSIONAL MISCONDUCT – NATIONAL MEDICAL COMMISSION IN ACTION INTRODUCTION On 23rd May 2022, the Ethics and Medical Registration Board (“EMRB”) under the National Medical Commission (“NMC”) released a draft of the Registered Medical Practitioner (Professional Conduct) Regulations, 2022 (“Draft Regulations“).1NMC was constituted by the National Medical Commission Act, 2019 […]
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28 June 2022 at 11 : 00 AM
Mid-year Regulatory Update 2022: Medical Device Industry in India
Read MoreJune 28, 2022 MID-YEAR REGULATORY UPDATE 2022: MEDICAL DEVICE INDUSTRY IN INDIA INTRODUCTION In 2020, the Indian Government notified all medical devices to be ‘drugs’ in India. As the medical device industry and the regulators continue to navigate the challenges posed by this step, numerous developments have been introduced since the begin of this year in efforts […]
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27 June 2022 at 16 : 31 PM
Social Sector Hotline: Roe v. Wade Overruled, NGOs may face reduced international funding
Read MoreJune 27, 2022 ROE V. WADE OVERRULED, NGOS MAY FACE REDUCED INTERNATIONAL FUNDING Dobbs, State Health Officer of the Mississippi Department of Health, v. Jackson Women’s Health Organization Overruled Roe v. Wade and Planned Parenthood v. Casey Significant impact on broader rights-based public health policies in the United States (“US”) including global south International organizations focused on rights-based […]
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27 June 2022 at 15 : 26 PM
Roe v. Wade Overruled, NGOs may face reduced International Funding Part 1
Read MoreJun 27, 2022 Welcome to the Social Sector podcast at Nishith Desai Associates. In this podcast, Rahul Rishi and Nitish Raj discuss the ruling of the United States Supreme Court in Dobbs v. Jackson Women’s Health Organization and the impact it would have on international funding from the United States. You can listen to […]
