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Ergo Update

OTT Platforms and Digital News Media – New regulator (and perhaps a legal regime overhaul)

Submitted by indigoadmin on Tue, 11/17/2020 - 14:47

The Central government has, with effect from 9 November 2020, brought under the jurisdiction and control of the Ministry of Information and Broadcasting (MIB): (a) films and audio-visual programmes made available by online content providers; and (b) news and current affairs content on online platforms.

Government walks the talk; Abu Dhabi’s Sovereign Wealth Fund becomes the first fund to get tax exemption for infra investments, additional conditions prescribed!

Submitted by indigoadmin on Fri, 11/13/2020 - 16:17

MIC Redwood 1 RSC Limited, Abu Dhabi, United Arab Emirates (Fund) was recently conferred the tax exemption intended for a sovereign wealth fund (SWF) under the Income-tax Act, 1961 (Tax Act).

Localism in private sector employment Legislative Assembly passes Haryana State Employment of Local Candidates Bill, 2020

Submitted by indigoadmin on Wed, 11/11/2020 - 19:10

The year 2020 has given many jolts to businesses. As companies across sectors continue to grapple with the ongoing COVID-19 pandemic, those located in Haryana may now have to gear up for localism-driven recruitment as envisaged under the Haryana State Employment of Local Candidates Bill, 2020 (Bill). The Bill, when implemented, would reserve 75% of the jobs in specified private sector posts for local candidates.

Karnataka High Court allows depreciation on intangible assets acquired upon conversion of a firm into company

Submitted by indigoadmin on Wed, 11/11/2020 - 16:34

The Karnataka High Court (HC) in the case of Padmini Products Private Limited vs DCI (ITA No 154 of 2014) allowed depreciation on intangible assets acquired by Padmini Products Private Limited (Taxpayer or Company) upon conversion from a firm into a company.

SEBI introduces Guidelines for rights issues by unlisted Infrastructure Investment Trusts

Submitted by indigoadmin on Mon, 11/09/2020 - 19:12

The Securities and Exchange Board of India (SEBI) has issued Guidelines for rights issues of units by unlisted Infrastructure Investment Trusts (InvIT) (Guidelines) through its circular dated 4 November 2020. SEBI introduced the framework for private unlisted InvITs in April 2019, however, the mechanism for further issues of units by unlisted InvITs under the SEBI (Infrastructure Investment Trusts) Regulations, 2014 (InvIT Regulations) remained restricted to private placements through the issuance of a placement memorandum.

Amendments to SEBI Circular on schemes of arrangements by listed entities

Submitted by indigoadmin on Mon, 11/09/2020 - 13:16

The Securities and Exchange Board of India (SEBI) has issued a circular dated 03 November 2020 (Ref: SEBI/HO/CFD/DIL1/CIR/P/2020/215) (2020 Amendment Circular), amending certain provisions of the SEBI Circular dated 10 March 2017 (Ref: CFD/DIL3/CIR/2017/21)  as amended and modified from time to time (2017 Circular). The 2020 Amendment Circular specifies detailed requirements that listed entities need to comply with while undertaking schemes of arrangement or while being involved in schemes of arrangement.

Patent (2nd Amendment) Rules 2020 Notified

Submitted by indigoadmin on Mon, 11/09/2020 - 12:14

Last month on 20 October 2020, the Patent (Amendment) Rules 2020 (Revised Rules 2020) came into force whereby the provisions pertaining to filing of priority document and filing of statement of commercial working were amended. Our Ergo on the Revised Rules 2020 can be accessed here. Now, the Patent (2nd Amendment) Rules, 2020 (2nd Revised Rules 2020) have been issued on 4 November 2020 with immediate effect.  The key highlights of the 2nd Revised Rules 2020 are broadly set out below

Indirect transfer of shares in an Indian Company - Singapore shareholder held to be not taxable in India

Submitted by indigoadmin on Wed, 11/04/2020 - 19:50

The Income Tax Appellate Tribunal (Tribunal), Delhi bench in the case of Augustus Capital Pte Ltd [2020] (120 taxmann.com 325) (Taxpayer) ruled that the capital gain arising on transfer of shares of a Singapore company holding Indian assets is not taxable in India on the basis that the small shareholder exemption claimed by the taxpayer applies retrospectively from 1 April 1961.