Business / Undertaking Hive off – Slump Sale Vs Demerger

Slump Sale: Section 2 (42C) of the Income Tax Act, 1961 (“IT Act”) defines slump sale as the transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such sale. Therefore, slump sale would mean the transfer […]

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Private Equity/ Investors Clash with Promoters- Mitigation Plan

A.    BACKGROUND: Historically spate of cases has involved marquee PE names — from General Atlantic to TPG to Premji Invest. In this article, I have tried to summarize my observations based on my experience on why Private equity (“PE”) /venture capital (“VC”) investors end up fighting with the promoters and vice versa which generally cost […]

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Note on New Wage Code

The government passed Wages Code Bill in the parliament last year, likely to come into effect shortly (Not from 1st April, 2021). Following are few of the critical changes the law will bring into effect: The basic salary should be 50 per cent or more of the total salary. In this case, the structure of […]

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FAQ’s on new CSR Rules

INTRODUCTION Corporate Social Responsibility (CSR) in India has traditionally been a philanthropic activity before introduction of the same under the Companies Act, 2013 (“Act”). The Act has introduced the idea of CSR to the forefront and through its disclose-or-explain mandate, is promoting greater transparency and disclosure. India is the first country in the world to […]

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Regulatory Framework Of OTT Platform

INTRODUCTION On 25th February 2021, the Central Government established a set of rules that are to be followed by the Over- The -Top (OTT) Platforms while acting as an intermediary for streaming online content. By virtue of the powers vested under Section 87(2) of the Information Technology Act, 2000 , the Information Technology (Intermediary Guidelines […]

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Employment Bond to recovery

INTRODUCTION The corporate world is at battle to outperform in global markets. It is undergoing phenomenal economic and industrial shifts, which has resulted in increased market rivalry. To keep up with the market competition, companies invest heavily in training their employees in order to improve the nature and efficiency of the company’s goods and services. […]

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Consumer Protection (E-Commerce) Rules, 2020

A. INTRODUCTION The Consumer Protection Act, 2019 (“Act”) and the Consumer Protection (E-Commerce) Rules, 2020 (“Rules”) have been recently notified by the Ministry of Consumer Affairs, Food and Public Distribution. The Rules have come into effect from 23rd July 2020 and have been framed to complement the provisions laid down in the Act. Significant changes […]

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E-Pharmacies-Regulations in India

I. INTRODUCTION: An online pharmacy or rather we call it as E-Pharmacy is an internet-based vendor that sells medicines online, i.e., it operates over the internet and sends the orders to customers through mail, courier or delivery persons. These contemporary times are witnessing a huge surge in E-commerce, including the sale of prescription and non-prescription […]

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Listing of Non Convertible Debentures by Private Companies

Funding is crucial for a corporate, not only to invest and to expand but also to operate their daily business. When a company needs to raise funds, it may look at various options such as debt, equity, venture capital etc.  Debt financing is done by way of issuing various bonds, debentures, bills or notes. Compared […]

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Law on Prevention of Sexual Harassment at Workplace in India

A. INTRODUCTION With the immense increase in employment of women at workplaces in India, the sexual harassment against women in India has reached greater heights and dimensions. Sexual harassment against women is a violation of the provisions of the constitution of India. Such harassment against women at workplaces creates uncomfortable and hostile working conditions impeding […]

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