Blogs
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Latest documents
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A Proposal for Arbitrating Disputes Arising from Nuclear Damage
Many States are increasingly turning to nuclear energy as a power source. There are plenty of good reasons why: the promise of low greenhouse gas emissions; reliable energy supply; and long-term fuel availability. 2024 saw the world embrace nuclear energy on a larger scale. Originally published in the Indian Review of International Arbitration.
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Q&A with McGeorge alumna Shweta Singh, ’10
Shweta Singh, ’10, is a University of the Pacific McGeorge School of Law alumna and a seasoned legal professional with over 15 years of experience across diverse industries. Her work encompasses cross-border transactions in EMEA, APAC and Americas involving corporate legal advisory, compliance, contract management and dispute resolution. As a legal professional, Shweta has had opportunities to...
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Legal debate at tipping point over Notification extending GST deadline
The legal validity of the contentious CGST Notification No. 56/2023 (“Notification“), is facing challenges across multiple High Courts in India. The Notification, issued by the Central Board of Indirect Taxes and Customs (CBIC), extended the timeline for passing orders under Section 73(10) of the Central Goods and Services Tax Act, 2017 (“CGST Act“) for financial...
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Buying and Selling Real Estate in India (Updated)
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade.
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Crypto Sales Prior to AY 2022–23: Taxable as Capital Gains?
The Raunaq Prakash Jain v. Income Tax Officer case addresses a significant cryptocurrency transaction-related taxation issue in India, i.e., whether gains arising from cryptocurrency sales should be taxed as “capital gains” or “income from other sources”. This decision is particularly important because it clarifies the tax treatment of cryptocurrency gains before the introduction of the...
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India’s Supreme Court Orders Stay While It Considers Constitutionality of Place of Worship Act
The Hindu reports on a controversial Order issued yesterday by India’s Supreme Court. The Order bars lower courts from accepting new lawsuits or entering orders in pending suits in which Hindu plaintiffs are attempting to reclaim temples destroyed by the Mughal Empire in the 16th century. Eighteen suits involving ten Muslim religious shrines are pending...
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Guest Post: India: Environmental Litigation Risks – D&O Liability Insurance
In the following guest post, Umesh Pratapa takes a look at environmental liability risks under Indian law and consider the D&O insurance implications. Umesh is the Author of the handbook on D&O liability insurance published by Institute of Directors (IOD), India, and Consultant – liability insurance. I would like to thank Umesh for allowing me...
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India raises majority of new trade issues at WTO meeting
India introduced more than half of the new trade concerns debated at a recent World Trade Organization (WTO) meeting. Attendees at the November meeting of the WTO Committee on Sanitary and Phytosanitary (SPS) Measures addressed trade concerns related to food safety and animal and plant health. Members raised 64 specific trade concerns (STCs), including 13...
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GIFT-IFSC and LRS- Insurance Products for Resident Indians?
Background In recent years, the Indian government has made significant strides toward enhancing the operational framework of the International Financial Services Centre at Gujarat International Finance Tec-City (“GIFT-IFSC”). GIFT-IFSC was established with an aim to redirect all financial transactions conducted by residents in foreign financial centres to India. By virtue of RBI circular[1] titled ‘Operational...
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Delhi High Court rules on taxability of a PE’s profits despite global loss
In a landmark ruling, the Hon’ble Delhi High Court (“Delhi HC”) has held that profits generated by a Permanent Establishment (PE) in India shall be liable to tax in India, even if the parent enterprise has incurred losses on a consolidated basis. This decision overturns the previous judicial position set forth in the Nokia Solutions...