Knowledge Repository

Corporate

  • Liberalisation of foreign investment in the space sector
  • Direct listing of shares on international exchanges in GIFT-IFSC
  • Central Processing Center established to ease the process of company registration
  • Revised threshold for determining beneficial ownership in alternative investment funds
  • Liquidation process amended to allow for increased stakeholder involvement

Dispute Resolution

  • Supreme Court clarifies that the standard of ‘public policy’ in the context of enforcement of foreign arbitral awards would be synonymous with international best practices
  • Supreme Court overrules its earlier decision to hold that there would be no automatic vacation of stay orders granted in civil or criminal trials
  • Punjab and Haryana High Court holds that a ‘stay’ on an FIR is not a bar to the registration of an enforcement case information report with the enforcement directorate

Labour and Employment

  • New rules in Karnataka mandating gratuity insurance
  • Madras High Court places the safety of a larger group of people above an individual’s right to not get vaccinated
  • Calcutta High Court holds that calling an unknown lady ‘darling’ is a sexually coloured remark
  • Amendment in the rate of employees’ contributions to the Labour Welfare Fund in Maharashtra
  • New conditions for employing women in night shifts in Rajasthan and Haryana

Financial Regulatory Regime

  • Certain foreign portfolio investors exempted from the additional granular disclosure norms
  • Timelines for disclosure of material changes by foreign portfolio investors proposed to be relaxed
  • Framework for qualified stock broker expanded to include more brokers to boost investors’ trust in the market
  • Forex derivative contracts involving the Indian rupee to be offered only for hedging contracted exposure

Fintech

  • RBI introduces omnibus framework for self-regulation by regulated entities
  • Credit card holders provided with the flexibility to choose the card network
  • Clarifications for card issuers on issuance, co-branding and data utilisation
  • Framework governing the Bharat Bill Payment System revamped

Consumer Protection and Advertising

  • ASCI issues guidelines to curb greenwashing
  • Advisory issued against the advertisement and endorsement of betting and gambling

Technology and Telecommunication

  • Liberalisation of foreign investment in the space sector
  • Requirement to periodically destroy records of interception directions extended to all competent authorities
  • Advisory to intermediaries on the deployment of artificial intelligence technologies
  • Indian Cyber Crime Coordination Centre tasked with notifying intermediaries of unlawful activities committed using computer resources under their control
  • All machine-to-machine service providers to be required to register with the Department of Telecommunication

Direct Tax

  • Supreme Court holds that the discount offered by a telecom company to SIM card distributors is not 'commission' for the purposes of withholding tax provisions
  • Ministry of Finance notifies lower tax rate for royalty income and fees for technical services under the India-Spain tax treaty by invoking the most favoured nation clause

Indirect Tax

  • Supreme Court affirms imposition of penalty under Section 112(a) of the Customs Act, 1962 on foreign exporter for abetting improper import of goods into India
  • Madras High Court holds that input tax credit cannot be denied merely because the registration of the supplier was cancelled with retrospective effect
  • Madras High Court quashes interest demand where tax has been deposited in the electronic cash ledger within prescribed time but GSTR-3B return has not been filed
  • Madras High Court holds that export status is not affected due to receipt of consideration through a payment intermediary
  • Karnataka High Court holds that service tax is not leviable on expenses incurred by Venture Capital Funds
  • Guidelines for GST field formations to maintain ease of doing business while engaging in investigation with regular taxpayers

International Trade

  • Delhi High Court directs trade authorities to consider representations of importers regarding anti-dumping duty imposed on the import of industrial laser machines
  • Clarification on ‘further information’ to be provided by importers in certain cases of information mismatch under the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020
  • Increase in trade remedy actions by India on imports from certain countries

ASSET MANAGEMENT AND FUNDS

  • SEBI approves proposals empowering AIFs with ability to create encumbrance on holdings, extend tenure for unliquidated assets and conduct enhanced due diligence
  • Guidelines for AIFs for holding investments in dematerialised form
  • AIFs mandated to appoint a custodian with the obligation to report the investments under custody

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