Alerts – Page 6 – Vaish Associates Advocates

The Foreign Contribution (Regulation) Amendment Act, 2020 – Highlights – Alert on the recent Amendments!

Recently, the Foreign Contribution (Regulation) Act, 2010 which regulates the acceptance and utilisation of foreign contribution by individuals, associations, and companies in India was amended. The Foreign Contribution (Regulation) Amendment Bill, 2020 was passed by both the houses of Parliament and received assent of the President of India on the 28th September 2020. The Foreign […]

Opportunity for Disqualified Directors – How to get rid of disqualification and avail the Company Fresh Start Scheme 2020

In the aftermath of COVID-19, benchmarking of profit margins of the low risk captive service providers from Transfer Pricing perspective would be a complex exercise, as the combined profitability in the value chain is shrinking and the associated enterprise would be seeking to renegotiate the remuneration paid as a cost plus mark-up, to reflect the […]

Alert – Section 9 of arbitration and conciliation act, 1996 cannot be invoked in a foreign seated arbitration after constitution of arbitral tribunal

We are pleased to share with you recent judgments passed by Hon’ble Delhi High Court on the maintainability of application under Section 9 of Arbitration and Conciliation Act, 1996 for seeking interim reliefs from Courts. In the case of Ashwani Minda And M/S Jay Ushin Limited v. M/S U-Shin Limited And M/S Minebea Mitsumi Inc., […]

Tax Alert – CBDT relaxes eligibility conditions for certain offshore funds to avail the safe harbour from taxability in India

Central Board of Direct Taxes has notified that the conditions to avail the safe harbour under section 9A of the Income Tax Act, 1961 shall not be applicable in case of an investment fund set up by a Category-I foreign portfolio investor (FPI) registered under the Securities and Exchange Board of India (Foreign Portfolio Investors) […]

Competition News Alert – CCI invites public comments on proposed amendment to the Combination Regulations omitting requirement of furnishing non-compete information

The Competition Commission of India (“Commission / CCI”) has invited public comments on the proposed amendment to the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2020 (“Combination Regulations”). The proposed amendment omits Paragraph 5.7 from FORM I filings which seeks information regarding non-compete restrictions agreed […]

Arbitration Law Alert – Arbitration Proceedings and Force Majeure

Vaish Associates Advocates had earlier issued Frequently Asked Questions on Force Majeure and Contractual Obligations due to the impact of Covid-19 on on-going contracts. In continuation of the same, along with a recent judgement clarifying the extent to which the parties can validly invoke the doctrine of frustration under the Indian Contract Act, 1872, we […]