International Law Firm

We are an Indian Law firm specializing in the areas of International Trade, Taxation, Intellectual Property and Corporate Laws

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Bhargav specializes in WTO and trade remedy laws pertaining to anti-dumping, safeguards and countervailing duty investigations. He is also engaged in litigation matters before the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, Delhi High Court and Supreme Court of India.

Bhargav has assisted clients in anti-dumping, anti-subsidy and safeguards investigations conducted by the Indian Directorate General of Trade Remedies, the European Commission, and the United States Department of Commerce.

Additionally, Bhargav has over eight years of experience in dealing with trade law issues and has also worked in Brussels with a reputed trade law firm. He has assisted and advised foreign country governments in WTO disputes and trade remedy investigations.

He is fluent in English, Spanish, Hindi, and Gujarati.

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Tax Amicus

Tax Amicus is released around 7th of every month and includes statutory changes and other developments in Goods and Services Tax (GST), Customs, Central Excise, Service Tax, and Value Added Tax (VAT) laws. An article in each issue discusses and analysis important developments and issues arising therefrom. Statutory changes by Notifications, which also include various exemptions and clarifications by Circulars or Public Notices, issued by CBEC, DGFT, etc., are covered under "Notifications and Circulars". "Ratio decidendi" covers landmark judgments and orders pronounced recently by various courts, tribunals, and other authorities. 

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Date : 30th January 2019 

Time : 1:00 PM – 5:30 PM  

Introduction of Goods and Services Tax (GST) from July 2017 was one of the biggest reforms in the indirect taxation regime, having operational challenges for Banking and Financial Services sector. GST on this sector is riddled with numerous legacy issues from the service tax regime in terms of minimum account balance (MAB), interchange fees, bullion charges, as also issues which are cropping up for the first time in the GST regime in light of the anti-profiteering measure.  With growing complexities in business and new commercial models like the mobile wallets, business correspondents, payments systems, loyalty points and affiliation cards, it is essential to look at the developed jurisprudence and prepare adequately for the times to come.  To delve deeper, experts from Lakshmikumaran & Sridharan, Mr. Kalpesh Shah, Executive Partner and Mr.L Badri Narayanan, Partner in this seminar at Salon Valliere Dubarry, Sofitel Mumbai BKC, would analyze the recent advance ruling related to financial sector, amendments in the law and notifications, clarification by recent GST circulars and other critical issues.  The seminar will discuss, Recent GST Developments and critical issues

Advance Rulings – Liquidated Damage, Penal Interest, Cheque bounce charges

Treatment of Legacy Service Tax demands in GST – Minimum Account Balance, Interchange Fees, Subvention payments, Bullion Charges

Amendments to the GST laws

Anti-Profiteering and Financial Sector

Methodology

Dealing with DGAP and NAA (Pre- and during the investigation)

Recent trends in NAA orders

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Mathivanan heads the Consulting team in Delhi. He is also involved in the field of training related to Goods & Services Tax (GST), Service Tax, VAT and Cenvat Credit Rules as also IT related matters.

Before joining L&S in 2002, Mathivanan worked as Director in the office of Comptroller and Auditor General of India. During his tenure, he had audited the accounts of United Nations Headquarters.

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Valuation in Central Excise has always been the subject matter of discussion and litigation and su­cient jurisprudence is available on this. Yet, some issues remain unresolved even today. One such issue is the inclusion of the value of designs and drawings supplied free of cost by the manufacturer of machinery items to various component manufacturers. This has direct relevance to the automobile component manufacturers and more so, in light of the investigation that has been initiated by the Tax Department.

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In February 2018, the Corruption Perception Index 2017 rankings were revealed, which ranked India at #81 amongst a group of hundred and eighty countries. This ranking in the year 2016 was at #79 for India, albeit the scores in both the years were roughly the same. India was also identified as one of the “worst offenders” in the Asia-Pacific region by these rankings. This index appropriately highlights that bribery and corruption continue to be an increasing focus of the state organisations around the world.

While, for the most part, India has remained woefully behind in enforcing anti-corruption laws by largely keeping its watch-dog agencies toothless in terms of powers of prosecution, the country is now working with the stakeholders to create an even-playing field for companies as it competes for more investment and business from across the globe. India is catching up to the pace of other countries at last, and in line with its objective of curbing corruption and bribery, new laws are being passed and enforcement is increasing.

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Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that Shopclues.com is not merely an intermediary. Benefit of Section 79 of the Information Technology Act was hence denied holding that the role of the website was more than that of an intermediary. The website had claimed that it acts only as an intermediary since grievances raised by users were redirected to the seller, though the logistical services were provided by the website.

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Mr. Neeraj Dubeyis a Partner, Corporate Practice, Lakshmikumaran & Sridharan, Bangalore. He is a corporate lawyer with over 11 years of legal experience encompassing vast gamut of business law, contract management, labour & employment laws, aviation and technology laws. He routinely counsels manufacturing and service industry companies on a vast range of compliances in all elements of commerce and business including contracts (negotiation, drafting and review), corporate governance, competition, labour & employment, health & safety and environment. Neeraj’s industry focus spreads across automobile, aviation, banking, chemicals, defence, energy, food, pharmaceuticals, information technology and waste management.

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Ganesh Chandru is an Executive Partner at Lakshmikumaran & Sridharan and he heads the firm’s International Arbitration Practice Group.

He is admitted to practice in India, England & Wales and Singapore and is a Fellow of the Chartered Institute of Arbitrators, UK and the Singapore Institute of Arbitrators.

Prior to joining L&S Ganesh spent more than 16 years in Singapore specialising in International Arbitration and Dispute Resolution. He worked with some top International law firms and Singapore law firms.

Between 2002 and 2007, Ganesh was the Counsel & Assistant Registrar of the Singapore International Arbitration Centre ("SIAC"). He supervised the administration of about 500 arbitrations during his 5-year stint at SIAC and also pioneered SIAC’s initiatives in India.

Ganesh’s practice encompasses advising and representing parties in arbitrations (under Rules of SIAC, ICC, LCIA, SCMA, UNCITRAL as well as ad hoc) and in litigation matters before the courts. Ganesh also sits as an arbitrator in international arbitrations. He is a member of the Panel of Arbitrators of SIAC, Singapore Institute of Arbitrators and the Kuala Lumpur Regional Centre for Arbitration.

During his law school days, Ganesh was an avid participant in moot court competitions and he represented India at the Philip C. Jessup International Law Moot Court Competition in Washington DC, USA.

Between 1994 and 1998, he practised with one of the top set of Chambers at the Madras High Court during which time he represented large conglomerates, financial institutions and high net worth individuals in litigation and arbitration matters. He also assisted eminent Senior Counsel in matters before the Madras High Court at Chennai and before the Supreme Court of India at New Delhi.

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Lakshmikumaran & Sridharan, India in association with Atsumi & Sakai, Japan is organising a workshop on “Set up and operate a business in India” to understand the legal process & documentation required to setup and operate business in India. The workshop will be held on 27.11.2018 in Neemrana (Rajasthan).  

This workshop will cover all the practical aspects and documents involved in setting up and operating a business with emphasis on business licenses and registrations; the HR/Employee laws to be observed, hiring and firing of employees, trade unions and profit/salary remittance rules.

Experts from Lakshmikumaran & Sridharan, India along with experts from Atsumi & Sakai, Japan will also discuss about:

Business Licenses & Foreign Exchange Act compliance matters

Companies Act Compliance

Risk of non-compliance & legal liability

Human Resources Hiring in India

Blue Collar versus White Collar employees and termination

Trade Unions in India

Taxation rates for Companies & Individuals

DTAA between India & Japan

Routing investment in to India from a third country like

Singapore – is there a merit?

Remittance of Profit by a Company

Remittance of salary to Japan by Japanese national employed in India

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In a case involving alleged real estate agent service, CESTAT Delhi has rejected department’s plea that since the land sold was not in the name of assessee, it was not a transaction for sale or purchase of land.

 It held that for a principal to principal transaction for purchase and sale of land, it is immaterial whether the property sold is in the name of the seller or in the name of some 3rd party. Observing that assessee did not act as agent and was into buying/selling on a principal to principal basis, the Tribunal in the case of Premium Real Estate Developers v. Commissioner held that assessee was not engaged in real estate agent service. 

It also held that in the absence of any defined consideration for alleged services there was no contract of service at all and hence no liability. 

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1st October

Delhi High Court has held that territorial jurisdiction of a Court in a trademark action could be invoked where there is use ‘upon’ or ‘in relation’ to goods. It noted that the phrase ‘in relation to’ includes advertising, promotion, etc.

The court was of the view that today in the age of e-commerce and online businesses, the defendants’ conduct of seeking franchise queries in Delhi would itself confer jurisdiction of this Court under Section 20 of the CPC. It observed that a test to hold that unless and until an outlet is set up there would be no 

jurisdiction would be too stringent.

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Mathivanan heads the Consulting team in Delhi. He is also involved in the field of training related to Goods & Services Tax (GST), Service Tax, VAT and Cenvat Credit Rules as also IT related matters.

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Manish Gaur is Executive Partner, Service Tax Litigation Group in New Delhi office of Lakshmikumaran & Sridharan. He is responsible for answering all queries and litigation matters of the clients. He coordinates with the clients and leads a team of professionals handling Indirect Tax issues, which handles all issues of the clients in the area of Indirect taxes. He has to his credit, appearances as an active litigator in various judicial fora. Manish has handled innumerable cases successfully in the Customs, Excise and Service Tax Appellate Tribunal.

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The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology. The High Court in this regard in the case Jasper Motors v. Basantee Battery Operated Rickshaw observed that the invention related to the term ‘Efficient’ cannot be claimed, as influence of operating parameters on generated output was not analysed. It was also noted that the existing systems were already eco-friendly.

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P. M. Prabhakaran is an experienced Consultant with an overall experience of over 23 years in the Auditing Accounting & Legal Fields. He specializes in the area of Service Tax.

Before entering into private practice, Prabhakaran has served for 16 years in various positions in the Indian Audit & Accounts Department. He also served for a short period in Employees State Insurance Corporation in the capacity of Deputy Director (Legal and Insurance).

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