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Changing plains of public market deals: Here is a close look at insider trading regulation amendments

Submitted by indigoadmin on Fri, 02/14/2020 - 12:43

he SEBI (Prohibition of Insider Trading) Regulations 2015 (PIT Regulations) have been equipped with its recent round of amendments to play an increasing role in public M&A transactions. Based on the recommendations of the Committee on Fair Market Conduct chaired by TK Viswanathan, the amended PIT Regulations (which came into effect on April 1, 2019) have lent much required clarity to various aspects of deal making.

Terminating arbitrator's mandate – can parties proceed with truncated tribunal?

Submitted by indigoadmin on Fri, 02/14/2020 - 12:01

It is common knowledge that arbitration provides greater flexibility and party autonomy compared with traditional litigation before the courts. Corollary to this, the agreed terms for the appointment of an arbitrator or arbitral tribunal must be strictly followed while making such appointments if a dispute arises between the parties to an agreement.

SC’s Amrapali judgment: A watershed moment for real estate sector?

Submitted by indigoadmin on Fri, 02/14/2020 - 11:57

The duel between homebuyers and developers has become more intense, with the Supreme Court ruling in favour of 49,575 homebuyers in the projects being constructed by the Amrapali Group of Companies in Noida and Greater Noida area. The landmark judgment seeks to bring to book all the errant stakeholders who have their skin in the game.

‘Copying' Not Necessarily Physical Copying For Cinematograph Films : Delhi High Court

Submitted by indigoadmin on Fri, 02/14/2020 - 11:27

In MRF Limited v Metro Tyres Limited [C.S. (COMM) 753/2017 & I.A. 12770/2017], the Delhi High Court (Court) in an order dated 01 July 2019 interpreted the term 'copying' in context of the Copyrights Act, 1957 (Act) for cinematograph films. The Delhi High Court ruled that 'copying' of a cinematograph film will include substantial copying of material to the extent that it resembles the original film and not merely a physical copy of the film created by a process of duplication.

The Dividend Dilemma – Indian HNIs vs Non-Resident Investors

Submitted by indigoadmin on Mon, 02/10/2020 - 18:45

Under the current regime, dividends distributed by a company are subject to Dividend Distribution Tax (DDT) at an effective rate of 20.56 per cent. Such DDT is levied on the post-tax income of the company i.e. after the company has already suffered corporate tax on its profits. Since DDT is the tax obligation of the distributing company (i.e. it is not in the nature of tax deduction at source), such DDT is not available as a credit to the shareholder.