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COVID-19 Updates - Indian IP Offices Functioning
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Indian Government has announced a full nationwide lockdown for three weeks (until April 14, 2020) in order to contain the spread of Covid-19. Accordingly, the Indian Trade Marks Registry, Patents and Design Office have been closed till April 15, 2020. Nevertheless, the online filing portal of Indian IP offices is operational. All deadlines falling till April 15, 2020 will become due on the day when the IP offices re-open...

COVID-19 and Real Estate: This Could be the Last Straw that Broke Camel’s Back
Kochhar & Co. Advocates & Legal Consultants, April 2020

Given below is the link to the article on the captionedsubject. The article discusses the impact of COVID-19 on the Real Estate sector as India’s largest employer and the recent measures announced by the Reserve Bank of India (RBI).The article authored by Divya Malcolm, partner, Kochhar & Co. Mumbai has been published online on Governance Now. Please click the link below to read… http://www.governancenow...

COVID 19 - Relaxation of Regulatory Compliances Under the Companies Act, 2013 Introduced by the Ministry of Corporate Affairs
Kochhar & Co. Advocates & Legal Consultants, March 2020

The much-awaited relaxation of regulatory compliances under the Companies Act, 2013 (hereinafter “the Act”) have been introduced by the Ministry of Corporate Affairs (hereinafter “the MCA”). Please see below the detailed analysis of relaxations introduced by the MCA on regulatory compliances applicable under the Act: (i) Directors need not plan their Board meetings in the coming quarter of this calendar year i.e. upto June 30, 2020...

COVID-19: An Update for India (March 24, 2020)*
Kochhar & Co. Advocates & Legal Consultants, March 2020

In an attempt to ensure that the spread of COVID-19 is contained effectively, the Indian Government has mandated a complete nationwide lockdown for 21 days beginning from March 25, 2020, 00:00 hrs.   Mandatory Closure of Commercial Establishments All shops, commercial establishments, factories, workshops and offices, excluding establishments engaged in providing essential are required to be shut down...

POSH: Level-Playing Field for All, Women and Men
Kochhar & Co. Advocates & Legal Consultants, March 2020

Brief guide to the law against sexual harassment at workplace, clarifying some misconceptions The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH”) was enacted in 2013. Seven years since then, fears of misuse are rife. Are the fears legitimate? It is perceived that women are dangerously armed with a one-sided law. Men feel oppressed as there is no specific forum for redressal of their grievances...

Important and Urgent Client Advisory: MCA - COVID-19 Filings
Kochhar & Co. Advocates & Legal Consultants, March 2020

The Ministry of Corporate Affairs (“MCA”) has issued an advisory that is applicable to all Indian companies and limited liability partnerships (LLPs) registered with the MCA. As per the said advisory, all companies and LLPs are required to take the following immediate steps in order to aid social distancing for reducing transmission of COVID-19:  To follow “Work from Home” as a temporary measure until March 31st 2020...

COVID-19 Realty Bites - After Drop in Sales, Will COVID-19 Lead to Eviction of Retailers from Malls?
Kochhar & Co. Advocates & Legal Consultants, March 2020

Tips on how to mitigate losses: Mall Leases: Mall leases have ceased to be in the nature of a tenancy agreement. The clauses are no longer limited to availability of the premises, rent, lock-in period, repairs, and exit. Mall owners have come to impose sale targets on the retailers operating from their malls. Rent consists of both a percentage of the revenue earned by the retailer as well as a fixed monthly payment...

COVID-19 Update for Entities with Manufacturing Facilities in the State of Karnataka, India
Kochhar & Co. Advocates & Legal Consultants, March 2020

As a precautionary measure to prevent the spread of COVID-19, the Government of Karnataka through Department of Factories, Boilers, Industrial Safety & Health has issued a circular dated March 14, 2020 (“Circular”) providing certain guidelines for factories / manufacturing entities situated within the State...

SCOMET UPDATE: Implementing Global Authorization for Intra-Company Transfers ('GAICT') of SCOMET Items/Software/Technology’ w.e.f. 17 March 2020
Kochhar & Co. Advocates & Legal Consultants, March 2020

This is an update with respect to notifying the proforma of applications and End Use Certificate for implementation of ‘Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET items / software/ technology’ w.e.f. 17 March 2020 vide Public Notice No.65/2015-20 dated 17 March 2020 issued by DGFT.   The proforma and their applicability to seek export authorisation has been notified as tabulated below.......   S...

Karnataka Labour Department Directive on COVID-19 Outbreak
Kochhar & Co. Advocates & Legal Consultants, March 2020

On March 5, 2020, the Karnataka Labour Department issued a circular (“Circular”) requiring all establishments in the State to grant 28 days of paid sick leave to any employee who has been infected by the COVID-19 virus (“Coronavirus”). These precautionary measures laid out by the Government aim to prevent the spread of Coronavirus...

GST Updates - GST Council Recommendations in 39th meeting held on 14 March 2020
Kochhar & Co. Advocates & Legal Consultants, March 2020

The GST Council in its 39th meeting held on 14 March 2020 has made the following recommendations:   Movement in Tax Rate   Goods Increase in GST rates on mobile phones and specified parts to 18% from 12% Handmade and other than handmade matches rates rationalised to 12 %, thereby solving the HSN classification issue: Increase in handmade matches from 5% to 12 % Decrease in other matches from 18% to 12%   Services Reduction in GST rates on maintenance, re

India Law Update - Karnataka Labour Department's Directive on COVID-19 Outbreak
Kochhar & Co. Advocates & Legal Consultants, March 2020

On March 5, 2020, the Karnataka Labour Department issued a circular (“Circular”) requiring all establishments in the State to grant 28 days of paid sick leave to any employee who has been infected by the COVID-19 virus (“Coronavirus”). These precautionary measures laid out by the Government aim to prevent the spread of Coronavirus...

GST Update: NCLT Directs GST Authorities to Accept GST Returns and Payments Manually
Kochhar & Co. Advocates & Legal Consultants, March 2020

This is an update with regard to the recent order issued by NCLT, Mumbai in the miscellaneous application of Videocon Group vs CGST Department in the matter of State Bank of India vs Videocon Industries Limited, wherein section 14 of Insolvency and Bankruptcy Code (‘IBC’) has been invoked prohibiting initiation or continuation of any proceedings by any authority against the debtor during the moratorium period...

Tax Alert: Pre-Sales and Marketing Services by Indian Subsidiary to Foreign Parent Entity Qualify as Intermediary Subject to GST
Kochhar & Co. Advocates & Legal Consultants, March 2020

This Tax Alert summarizes a recent ruling of the Karnataka Appellate Authority for Advance Rulings[1] which upheld that ‘Pre-sale and Marketing Services’ rendered by an Indian subsidiary (‘service provider’/ ‘supplier’) to its foreign parent entity ( (‘service recipient’) qualify as intermediary services, thereby subject to GST...

The Gujarat High Court Recently Allowed Refund Claims of IGST for Tax Payers Importing Capital Goods Under the EPCG Scheme Benefit Paid During the Interim Period of 1 July 2017 – 13 October 2017.
Kochhar & Co. Advocates & Legal Consultants, March 2020

This Tax Alert summarizes a recent ruling of the Gujarat High Court[1] which discussed the issue that whether a taxpayer is entitled to refund of the IGST paid on import of capital goods under Export Promotion Capital Goods (‘EPCG’) Scheme for the interim period between 1 July 2017 i.e...

Employment law update - Recent judgement of the Madras High Court - Woman Giving Birth After Twins Not Eligible For Maternity Benefits
Kochhar & Co. Advocates & Legal Consultants, March 2020

A recent judgment of the Madras High Court: Woman Giving Birth After Twins Not Eligible for Maternity BenefitsIn a recent judgment of theMadras High Court,a working woman who gave birth to a child in her second delivery after having twins in the first delivery has been held to not be entitled to maternity benefits, as the second delivery should be treated as the third child...

Kochhar & Co. - Budget Highlights 2020-21 series newsletter on Healthcare & Pharma Sector update
Kochhar & Co. Advocates & Legal Consultants, March 2020

The Finance Minister Smt. Nirmala Sitharaman envisages a holistic vision of healthcare that translates into wellness of the citizen...

Kochhar & Co. - Budget Highlights 2020-21 Series Newsletter on Unveiling Issues on International Taxation
Kochhar & Co. Advocates & Legal Consultants, March 2020

1. Changes in rules relating to determination of ‘residence’ in IndiaThe scope of income of a person liable to tax in India depends upon his residential status in a particular financial year. Indian Income Tax Act 1961 (the Act) recognizes three statuses, namely, Resident and Ordinarily resident’ (ROR), ‘Resident but not ordinarily resident’ (RNOR), and Non-resident (NR)...

Kochhar & Co. - Budget Highlights 2020-21 Series Newsletter on Recent Changes in the Provisions Relating to Not-for-Profit Organisations Proposed in the Finance Bill 2020
Kochhar & Co. Advocates & Legal Consultants, March 2020

Union Budget 2020- Changes in provisions relating to Educational Institutions, Hospitals, Trusts, etc. engaged in Public Charitable or Research activities Current Position:Currently, the income of public charitable trusts and not-for-profit organisations, engaged in public charitable activities and registered with Income Tax department under Sections 12A or 12AA of the Income Tax Act, 1961 (the Act), is exempt if the same is applied to the objects of the trust or accumulated for doing so...

The Third Gender and Transforming the Workplace - A Brief Note on the Transgender Persons (Protection of Rights) Act, 2019 and its Impact on the Indian Corporate/Workplace Scenario
Kochhar & Co. Advocates & Legal Consultants, March 2020

The golden thread passing through the equality scheme[1] of the Indian constitution is “enjoyment of life by all citizens and an equal opportunity to grow as human beings irrespective of their race, caste, religion, community, social status and gender”.One of the basic tenets of the equality scheme lies in the recognition and acknowledgment of the “right of choice and self-determination”...

Corporate Law Update: New M&A Rules affect Minority Shareholders
Kochhar & Co. Advocates & Legal Consultants, February 2020

 The Ministry of Corporate affairs has recently notified Sections 230(11) and 230 (12) of the Companies Act, 2013 (“Companies Act”) and certain amendments to the Companies (Compromises, Arrangements and Amalgamation) Rules, 2020 (“M&A Rules”)[1] (together, the “Amendments”)...

Artificial Intelligence in the World of IP
Kochhar & Co. Advocates & Legal Consultants, February 2020

Artificial Intelligence (AI) in the world of Intellectual Property has raised some very interesting questions and debate. The patentability of AI related inventions, proprietary issues of inventorship and the lack of adequate regulations and standards have left some open-ended questions. AI related inventions generally use techniques like machine learning, deep learning and neural networks...

India Releases: 2020-21 Union Budget
Kochhar & Co. Advocates & Legal Consultants, February 2020

Hon’ble Finance Minister, Government of India, while presenting the Union Budget 2020 today stated that her proposals are structured around the themes of ‘Aspirational India’, ‘Economic Development’, and a ‘Caring Society’.  As we start decoding the fine print of her tax proposals please find hereinbelow key tax highlights of the Finance Bill, 2020...

Private Mergers and Acquisitions Overview
Kochhar & Co. Advocates & Legal Consultants, January 2020

Kochhar & Co. Senior Partner, Suhas Srinivasiah, and Principal Associate, Ajay G Prasad, have co-authored the India chapter of the ‘Private Mergers & Acquisitions’ published by Practical Law, Thomson Reuters. The paper provides a holistic view of the M&A law in India and recent trends in the private M&A space”...

Kochhar & Co. - Indian Company Law Update - July-August 2019
Kochhar & Co. Advocates & Legal Consultants, September 2019

MCA UPDATE – JULY 2019 What When Summary 1. Notification of Ministry of Corporate Affairs (“MCA”) with regards to filing / verification of KYC details of the directors 25.07.2019 The Ministry of Corporate Affairs (“MCA”) has notified the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019...

 

 

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