Knowledge Repository

Corporate

  • SEBI AIF Regulations amended to enhance transparency and protect investor interest
  • Overseas investment framework revised to remove restrictions and liberalise norms
  • Listing regulations amended to improve market integrity and investor confidence
  • Capital issuance regulations amended in response to evolving market requirements
  • SEBI's complaint redressal system revamped for increased efficiency
  • Reforms to the corporate insolvency resolution process proposed to increase effectiveness and reduce gaps

Dispute Resolution

  • Supreme Court:

    • Clarifies that a party’s failure to attend arbitral proceedings does not amount to abandonment of its claim
    • Limits the Enforcement Directorate’s power to make arrests once the special court is seized of the matter under the Prevention of Money Laundering Act, 2002
    • Expands its curative jurisdiction to arbitral awards; lays down the standard for court intervention
  • Delhi High Court holds that receipt of notice of arbitration by the respondent is a prerequisite for commencement of arbitration proceedings

Labour and Employment

  • EPFO revises rates for computation of damages
  • Karnataka Government renews exemption for IT/ITES companies from applicability of standing orders in state
  • Bombay High Court holds that nature of duties would determine whether employment is in a supervisory capacity
  • Calcutta High Court holds that terms of endearment may not always be sexually coloured and amount to sexual harassment
  • Karnataka High Court strikes down special provisions relating to international workers as unconstitutional and arbitrary

Financial Regulatory Regime

  • Regulated entities and their intermediaries prohibited from associating with unregulated entities providing financial advice, including finfluencers
  • Stockbrokers mandated to establish institutional mechanisms for fraud prevention
  • Introduction of a streamlined disclosure regime for material changes applicable to foreign portfolio investors
  • SEBI permits up to 100% NRI contribution for foreign portfolio investors based in International Financial Services Centre to increase the inflow of foreign investment
  • RBI mandates compounding for issuance of partly paid-up units by AIFs prior to 14 March 2024

Technology

  • India unveils new guidelines to promote and regulate participation in the space sector
  • Bombay High Court examines overlapping offences in the Indian Penal Code and Information Technology Act
  • Default Loss Guarantee Guidelines clarified

Consumer Protection and Advertising

  • Insurance regulatory authority issues fresh regulations for consumer protection
  • Self-declaration requirements being developed for advertisers and advertising agencies

Telecommunication

  • Telecom department issues additional Know Your Customer instructions for business connections
  • Telecom regulatory authority issues further directions to address spam complaints

Direct Tax

  • Telangana High Court upholds applicability of General Anti-Avoidance Rule over Specific Anti-Avoidance Rule

Indirect Tax

  • Validity of GST notification extending time limit for passing adjudication orders relating to proceedings for FY 2017-18 upheld
  • GST related clarifications have been issued on:

    • Valuation of import of services by a related person where recipient is eligible to claim full input tax credit
    • Taxability of loan provided to a related person
    • Limitation period for claiming input tax credit on self-invoices issued by recipients for supplies subject to reverse charge mechanism
    • Taxability of stock options provided by a company to its employees through its overseas holding company

International Trade

  • Trade remedy actions on imports into India in the second quarter of 2024
  • Appeals against trade remedy measures on hold as recent amendment adds to uncertainty surrounding the appeal process
  • Directorate General of Foreign Trade expands the scope of exemption from domestic quality standards for goods used in manufacturing inputs

Real Estate

  • Bengaluru Corporation overhauls the methodology for property tax calculation

Private Client

  • First living will executed in Goa; implementation mechanism awaited from other states in line with the Supreme Court’s directions
  • Supreme Court tables two matters challenging gender discrimination under Muslim personal law
  • Tightened scrutiny on beneficial ownership for foreign owned or controlled companies
  • SEBI permits up to 100% NRI contribution for foreign portfolio investors based in International Financial Services Centre to increase the inflow of foreign investment
  • Investments in family investment funds clarified to be overseas portfolio investments
  • Portugal reintroduces tax breaks for non-habitual residents

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