FDI in Space liberalized

In 2020, India liberalized its space sector, permitting private firms to engage in satellite and rocket production and launches, and granted them access to ISRO’s infrastructure. Concurrently, IN-SPACe was set up to foster and oversee the private space industry’s operations.   Later, in April 2023, the Indian Space Policy 2023 was introduced permitting non-governmental entities…

Coaching Advertisement Guidelines: draft issued by CCPA

In February 2024, the Central Consumer Protection Authority (CCPA), following a stakeholder consultation on “Misleading Advertisement in Coaching Sector” conducted on January 8, 2024, issued a draft of the Guidelines for Prevention of Misleading Advertisements to prevent and regulate misleading advertisements by persons engaged in coaching (Coaching Advertisement Guidelines).   The term ‘coaching’ has been…

Advisory on AI usage by Platforms and Intermediaries

On March 15, 2024, the Ministry of Electronics and Information Technology (MEITY), issued relating to the obligations of platforms and intermediaries while using Artificial Intelligence (AI) in their products and services (Advisory).   The Advisory requires all platforms and intermediaries to ensure compliance in following aspects:   Requirement Description Ensure lawful use of AI Intermediaries…

Recommendations on Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network

On February 23, 2024, the Telecom Regulatory Authority of India (TRAI) issued its recommendations on Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network. The recommendations were issued in response to the Department of Telecommunications (DoT) reference letter dated March 21, 2022. The DoT requested TRAI to examine the feasibility of introducing CNAP.…

Mediation Act, 2023: A Guide

India has taken a significant step towards strengthening its Alternative Dispute Resolution (ADR) mechanism with the enactment of the Mediation Act, 2023 (Act) on September 15, 2023. The Act applies to all mediations in India and provides a comprehensive regulatory and supervisory framework for the conducting mediations.   At present, not all sections of the…

Income Tax Tribunal rejects presence of virtual service PE in the absence of specific adoption/incorporation into the Indian Tax treaty

In the Indian context, the Permanent Establishment (PE) incidence entails a lot of disputes between the non-residents and Indian tax authorities wherein Indian Tax authorities seek to establish a taxable nexus in in the form of a PE for enabling taxation of business profits of non-resident entities. One of the forms of PE which finds…

Entitlement of dissenting financial creditors to security interest during the resolution process: Supreme Court leaves ambiguity

The hon’ble Supreme Court of India (Supreme Court) in its judgment in the matter of DBS Bank Ltd Singapore v. Ruchi Soya Industries Ltd. (DBS Judgment) ruled on one the most contentious issues pertaining to the entitlement to a minimum value of security interest held by a dissenting financial creditor under Section 30(2)(b)(ii) of the…