“Fiscally Transparent Entities” and  their eligibility for benefits of Double Tax Avoidance Agreements

by admin | Oct 28, 2024 | Uncategorized

Eligibility for availing benefits under Tax Treaties The tax treaties or the Double tax avoidance agreements (DTAA) between two sovereign nations, apart from providing the benefits of avoidance and elimination of double taxation of same income, also provide for...

INVESTIGATION INTO THE AFFAIRS OF THE COMPANY ON AN APPLICATION U/S. 213(b) OF ‘ANY OTHER PERSON’ WHO IS NOT A MEMBER OF THE COMPANY OR WHO IS MEMBER NOT ELIGIBLE IN TERMS OF S.213(a) 

by admin | Sep 20, 2024 | Uncategorized

Introduction The Companies Act, 2013(“The Act”) has various provisions for investigation into the affairs of the company on satisfaction of different conditions.  s.210 provides for powers of Central Government to order an investigation into the affairs of the...

Take or Pay clauses in a fuel supply agreements, Ship or Pay Clauses in transportation contracts in Energy Sector, Enforceability thereof and attendant maters – Part I

by admin | Sep 20, 2024 | Uncategorized

It will help the reader to go through our articles titled – “Debt versus Damages and Significance thereof in various commercial contracts-Part I” and “Unliquidated damages, Liquidated Damages and Enforceability of Liquidated Damages Clauses under Indian Contract Act –...

Is it possible to Claim the amount under a Take or Pay Clause(TOPC) without satisfying the conditions for liquidated damages? (Part II)

by admin | Sep 20, 2024 | Uncategorized

Introduction In our article named – “Take or Pay clauses in a fuel supply agreements, Ship or Pay Clauses in transportation contracts in Energy Sector, Enforceability thereof and attendant maters – Part I”, we analysed that Indian Courts and quasi-judicial bodies have...

Shrink Wrap & Click Wrap Agreements and their Enforceability in India

by admin | Sep 20, 2024 | Uncategorized

Introduction As the digital revolution continues to reshape the legal landscape, contract law has evolved significantly, moving from traditional paper-based agreements to modern forms such as electronic contracts. These advancements have brought about a new level of...

Joint Development Agreement for Developing a Construction Project. A Real Estate Construction Project, Tax Implications, Drafting Considerations, And Surrounding Issues-Part I 

by admin | Sep 13, 2024 | Uncategorized

Introduction As a fast-paced economy, India is witnessing rapid urbanization and as per an estimate, 42.5% Indians are expected to live in urban area by 2034. This is apparently a driving factor for fuelling the demand for residential properties in different cities in...