February - 2022

INDIA'S NEW RULES FOR TAXING PARTNERSHIP FIRMS IN INDIA – ANALYSING THE UNDERLYING INTRICACIES

The Competition and Commercial Law Review

Feb 28, 2022
14 min

INDIA'S NEW RULES FOR TAXING PARTNERSHIP FIRMS IN INDIA – ANALYSING THE UNDERLYING INTRICACIES

[Vishal Rajvansh and Saumya Sinha are students at National University of Study and Research in Law Ranchi] 1. Introduction With evolving times, the Indian tax regime has undergone several developments. One such recent development related to taxing partnership firms in cases of reconstitution or dissolution of firms. Noticeably, reconstitution or dissolution tax have been a matter of discussion and contemplation for the Indian courts and tax authorities for a long period of ti

188 views1 comment

ARBITRAL TRIBUNAL APPOINTMENT PROCEDURE: A CHALLENGE TO THE CENTRAL RAILWAYS JUDGMENT

The Competition and Commercial Law Review

Feb 9, 2022
6 min

ARBITRAL TRIBUNAL APPOINTMENT PROCEDURE: A CHALLENGE TO THE CENTRAL RAILWAYS JUDGMENT

[Abhinav Jain is a fourth year law student at USLLS, GGSIPU (Main Campus), New Delhi] Introduction Party autonomy has always been the key element of arbitration that distinguishes it from regular court proceedings. Among other things, it includes the right of the parties to decide upon an appointment procedure of the arbitral tribunal. Court intervention through Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, “the Act”) thus, being further limited, is s

85 views0 comments

A CRITIQUE OF SUPREME COURT’S ORDER IN THE MATTER OF SEBI V. CARE

The Competition and Commercial Law Review

Feb 9, 2022
6 min

A CRITIQUE OF SUPREME COURT’S ORDER IN THE MATTER OF SEBI V. CARE

[Sneha Rath is a 3rd-year student at National Law University, Odisha] The SAT’s Order in the matter of Care Rating Agency (CARE) was challenged by SEBI before the Supreme Court of India (SC). While hearing the appeal, the SC observed that there was no question of law involved and the appeal was accordingly dismissed. In furtherance of this, the SC ruled that the reduction in penalty in the SAT’s Order "cannot be treated as a precedent in all other cases irrespective of the fa

91 views0 comments

CRITICAL ANALYSIS OF CROSS-BORDER INSOLVENCY IN INDIA: THE UNCITRAL MODEL & NEED FOR A REFORM

The Competition and Commercial Law Review

Feb 9, 2022
7 min

CRITICAL ANALYSIS OF CROSS-BORDER INSOLVENCY IN INDIA: THE UNCITRAL MODEL & NEED FOR A REFORM

[Aakanksha Singh is a fourth-year student of B.A. LL.B.(Hons.) program at Jindal Global Law School, India] INTRODUCTION The turn of the 20th century witnessed a rapid spread of globalisation and subsequent increase in trade and investment transactions, which led to a phenomenal growth of International businesses. As businesses began to rely on the growing transnational commercial activity to collect assets and debtors in different countries, they contributed to the formation

230 views0 comments

DRAFT MEDIATION BILL, 2021: PAVING THE PATH FOR THE FUTURE WHILE WEAKENING THE FOUNDATION?

The Competition and Commercial Law Review

Feb 9, 2022
7 min

DRAFT MEDIATION BILL, 2021: PAVING THE PATH FOR THE FUTURE WHILE WEAKENING THE FOUNDATION?

[Amol Verma is a final-year law student at Chanakya National Law Univeristy, Patna] “To practice the process of Conflict Resolution, we must completely abandon the goal of getting people to do what we want.” – Marshall B. Rosenberg Introduction The Indian judiciary has been characterized by a huge backlog of cases that results in undue delay in the disposal of matters. According to research, there are approximately 4.5 crore cases pending in all courts across India as on 15th

70 views0 comments

REPUDIATING THE RETROSPECTIVE TAX: WELCOMING THE NEW TAXATION AMENDMENT OF 2021

The Competition and Commercial Law Review

Feb 9, 2022
6 min

REPUDIATING THE RETROSPECTIVE TAX: WELCOMING THE NEW TAXATION AMENDMENT OF 2021

[Janvi Parihar and Chinmay Jain are third-year law students at Institute of Law, Nirma University, Ahmedabad] INTRODUCTION The tussle going on with respect to the retrospective tax levy on indirect transfer of shares has become a bitter experience for the investors in the Indian market. With the rapidly advancing business environment, tax laws should be dynamic to ensure that a country collects its fair share of proceeds. The issue of taxability of income, levied on indirect

36 views0 comments

The Competition and Commercial Law Review

Feb 1, 2022
7 min

TAXATION OF CRYPTOCURRENCY IN INDIA

[Harshit Joshi is a Fourth-year Law student from Vivekananda Institute of Professional Studies] Cryptocurrency in India has been an unregulated area with a lot of uncertainty. The legality and taxability of cryptocurrencies are a few issues that remain under contention. Countries have repeatedly attempted to implement measures either to regulate Cryptocurrency or to ban them altogether. The Indian Government is currently in the process of releasing a draft bill for the regula

103 views0 comments