by Majmudar & Partners | Apr 29, 2024 | Disputes and Arbitration
Download .pdf Recently, in the case of Cobra Instalaciones Y Servicios v. Haryana Vidyut Prasaran Nigam Ltd, the Delhi High Court (DHC) upheld the quantification of loss in an award by arbitrators done through “honest guesswork” as there was insufficient evidence on...
by Majmudar & Partners | Apr 2, 2024 | Tax
Download .pdf In a recent ruling in the Bharti Cellular Limited case (the “Taxpayer”), India’s Supreme Court has held that because a “principal-agent” relationship does not exist between the Taxpayer and the distributor, the discounts offered by the Taxpayer on SIM...
by Majmudar & Partners | Mar 27, 2024 | Technology, Telecommunication and Media
Download .pdf In the case of Kunal Kamra v. Union of India, on January 31, 2024, the petitioners challenged the constitutional validity of the 2023 amendment (the “2023 Amendment”) made to Rule 3(1)(b)(v) (pertaining to due diligence by an intermediary) (the “Impugned...
by Majmudar & Partners | Feb 21, 2024 | Tax
Download .pdf India’s Finance Minister introduced a specific tax regime for virtual digital assets (“VDAs”) in the Finance Bill 2022. Section 2(47A) of the Income-tax Act, 1961 (the “IT Act”) was brought in and defines VDAs to mean any information or code or number or...
by Majmudar & Partners | Dec 14, 2023 | Disputes and Arbitration
A seven-judge bench of the Supreme Court has overruled the judgement of a five-judge bench rendered in April this year in N.N.Global Mercantile Pvt. Ltd. v M/s. Indo Unique Flame Ltd. And Ors., in which a 3:2 majority held that arbitration agreements on which...
