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Business Law   Business Law 
 
Risk management minimises downside 16-NOV-09
Risk is inherent in any activity, particularly in a business venture.
 
Earth is minor minerals 16-NOV-09
The Supreme Court (SC) last week dismissed the appeals of Som Datt Builders Ltd against the Allahabad high court judgement raising the question if ‘ordinary earth’ used for filling or levelling in construction of embankments, roads, Railways and building are ‘minor minerals’ inviting royalty.
 
Sub-contractor does not create permanent base for foreign company 16-NOV-09
When foreign companies undertake turnkey contracts or installation projects which involve services to be rendered in India, it is quite common they appoint sub-contractors to undertake wholly or in part the activities to be performed in India.
 
Double taxation of computer software yet to be redressed 16-NOV-09
Budget 2009 contained important proposals in regard to exempting packaged software from customs duty, on importation, and on excise duty, with regard to domestic supplies, to the extent that such software is purportedly chargeable to the service tax.
 
'Arbitrator cannot properly deal with malpractice allegations' 09-NOV-09
The Supreme Court (SC) has stated when there are serious allegations of malpractices and manipulation of accounts of a firm, the dispute cannot be properly dealt with by an arbitrator.
 
Can CBEC classification be prospective when it is legally retrospective 09-NOV-09
A fine legal question has arisen which is whether a board's circular can make a classification prospective when legally it is retrospective.
 
Vodafone tax saga (re)surfaces 09-NOV-09
Early last week, the Mumbai revenue department issued show cause notices to Vodafone, proposing to tax offshore transaction, as a result of which Vodafone acquired a controlling interest in GSM licences from Hutch.
 
Let litigation be the last resort 09-NOV-09
As a business lawyer, one gets to participate and speak at various conferences.
 
Conflict of interest rules need to be clear 09-NOV-09
The concept of conflict of interest in commercial jurisprudence is hogging the headlines.
 
HC's judgement in supply of transmitters set aside 02-NOV-09
The Supreme Court has set aside the judgement of the Delhi high court in the bid for the supply of two transmitters invited by Prasar Bharti.
 
Inter-state supplies is taxed under dual GST at destination 02-NOV-09
Given the federal structure prevalent in India, the tax treatment of inter-state supplies of goods and services in the dual GST model will pose a major challenge.
 
When does liaison office attract I-T in India? 02-NOV-09
Foreign companies planning to do business in India often set up a liaison office for undertaking promotional work as a prelude to their actual commercial activities.
 
CEO pay gains credence in lean times 02-NOV-09
Excessive CEO compensation is a matter of debate and research all over the globe.
 
Arbitrator's award restored 26-OCT-09
The Supreme Court last week set aside the judgement of the Rajasthan high court and restored the award of the arbitrator in the case, Indian Hume Pipe Co Ltd vs State of Rajasthan.
 
Stock market regulator takes a step forward 26-OCT-09
As the primary market regulator Securities and Exchange Board of India (SEBI) has realised the need to not only lay down broadbased framework and regulations, but also actually go into the next level of detail in creating an architecture for monitoring and clarificatory mechanisms.
 
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