LEX-LUMIS

Supreme Court of India upholds Permanent Establishment Status

On 24 July 2025, in Hyatt International Southwest Asia Ltd. versus Additional Director of Income Tax, the Supreme Court decided on two important principal issues: Whether the appellant- Hyatt International Southwest Asia Ltd, a tax resident of the UAE has a Permanent Establishment (PE) in India under Article 5(1) of

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Key Highlights of the Indian Budget 2025-26

On February 1, 2025, India’s Finance Minister Smt. Nirmala Sitharaman presented the Union Budget for the fiscal year 2025-2026. The Budget emphasizes economic growth, employment generation, Micro, Small and Medium Enterprises (MSME) development, and inclusive progress towards ‘Developed India’. India’s real GDP grew by 6.4% in FY 2024-25, with Agriculture

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India’s Merger Control Regime Overhauled

The Ministry of Corporate Affairs, Government of India and the Competition Commission of India (CCI) have notified certain provisions of the Competition (Amendment) Act, 2023, on merger control along with related Rules and Regulations. A few notified provisions pertain to: the amendments related to regulation of combinations and providing a

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Key Highlights of the Indian Budget 2024-25

The Finance Minister of India presented the Union Budget for the financial year 2024-25 (Budget) on 23 June 2024. The Budget, particularly, focuses on employment, skilling, MSMEs, and the middle class along with all-around prosperity. Some key highlights of the Budget are: India’s real GDP grew by 8.2% in FY

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India enacts New Criminal Legislations to Replace 150 years old laws

In December 2023, 3 new Criminal Legislations, namely the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (Evidence Act), respectively. These 3 new

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India passes new Digital Personal Data Protection Law

On 09 August 2023, the Indian Parliament passed the much awaited Digital Personal Data Protection Bill, 2023 (“DPDP Bill“). The DPDP Bill seeks to introduce data protection law with minimum disruption while ensuring necessary change in the way Data Fiduciaries (i.e. persons who determines the purpose and means of processing

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India notifies New Information Technology Rules for Online Real Money Games

On 6 April 2023, the Indian Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (Amendment Rules), primarily for online real money games, to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT

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Key Highlights of the Indian Budget 2023-24

The Finance Minister of India, Mrs. Nirmala Sitharaman, presented the Union Budget for the financial year 2023-24 on 1 February 2023 (Budget), which draws the blueprint for India @100, presenting a vision for ‘Amrit Kaal’ (the best and the most auspicious time), for an empowered and inclusive economy for a prosperous India.

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India overhauls Overseas Investment Regulations for ease of doing business

The Government of India in consultation with the Reserve Bank Of India (RBI) on 22 August 2022 notified the Foreign Exchange Management (Overseas Investment) Rules, 2022 (Overseas Investment Rules) and Foreign Exchange Management (Overseas Investment) Regulations, 2022 (Overseas Investment Regulations) in supersession of Foreign Exchange Management (Transfer or Issue of

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The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015

India has recently enacted a new legislation viz. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Act”) which is deemed to have come into force from 23 October 2015. Some salient features of the Act are:
· “Commercial dispute” has been defined to include, inter-alia, any dispute related to transactions between merchants, bankers, financiers and traders such as those relating to mercantile documents including enforcement and interpretation of such documents, construction and infrastructure contracts, including tenders,

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The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015 (“Bill”) was passed by the Indian Parliament on 23 December 2015 and is deemed to have come into force on 23 October 2015. Some salient features of the Bill are:

“Commercial dispute” has been defined to include, inter-alia, any dispute related to transactions between merchants, bankers, financiers and traders such as those relating to mercantile documents including enforcement and interpretation of such documents, construction and infrastructure contracts,

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India relaxes Foreign Direct Investment Norms and Promotes Ease of Doing Business

The Government of India has vide Press Note No. 12 dated 24 November 2015 introduced a number of amendments to the Foreign Direct Investment (FDI) Policy across various sectors, which include enhancing sectoral caps, opening sectors for foreign investment, bringing additional activities under the automatic investment route and generally easing conditions for foreign investment and doing business in India.

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Negotiable Instruments (Amendment) Ordinance, 2015

The Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharashtra and another ((2014) 9 SCC 129) held that “the territorial jurisdiction is restricted to the Court within whose local jurisdiction the offence was committed, which in the present context is where the cheque is dishonoured by the bank on which it is drawn” as against the then prevalent practice of filing complaints under section 138 of the Negotiable Instruments Act, 1881 (“Act”) before the court in whose jurisdiction the cheque was presented for payment.

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Compliance Window and the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Rules, 2015

The Department of Revenue, Ministry of Finance has:

vide a press release dated 1 July 2015 notified the compliance window under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. In this regard, all declarations in respect of undisclosed assets located outside India must be made on or before 30 September 2015 in order to avail the benefits of the compliance window. Once declared, tax and penalty in respect of the foreign assets so declared must be paid by 31 December 2015;

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RBI issues fresh Master Circulars

The Reserve Bank of India (“RBI”), in line with its annual practice, has issued updated sets of Master Circulars on 01 July 2015 under various heads including banking regulation, co-operative banking, currency, financial markets, foreign exchange and payment systems which can be accessed on

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Clarification on repayment of deposits accepted before the commencement of the Companies Act, 2013

The Ministry of Corporate Affairs (“MCA”) vide a clarification dated 18 June 2015 has stipulated that in cases where a company has committed default in repayment of deposits which were accepted by such company before the commencement of the Companies Act, 2013 (the “Act”) (i.e. 1 April 2014), the depositors may seek remedy by filing an application (in accordance with section 73 (4) of the Act) with the Company Law Board.

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Foreign Investments by Non-Resident Indians, Persons of Indian Origin and Overseas Citizens of India

Department of Industrial Policy and Promotion (“DIPP“) has issued Press Note No. 7 (2015 Series) dated 3 June 2015 (“Press Note 7“) pursuant to which the ‘Consolidated Foreign Direct Investment Policy Circular of 2015′ dated 12 May 2015 (“FDI Policy”) relating to investments by Non-Resident Indians (“NRIs“), Overseas Citizen of India (“OCIs“) and Persons of Indian Origin (“PIOs“) has been amended.

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Government issues Integrated Companies Incorporation eForm to ease the incorporation process

As a measure to improve the ease of doing business in India, the Ministry of Corporate Affairs (“MCA”) has issued an Integrated Incorporation Form which consolidates multiple forms required for the incorporation process into a single online application form – eForm INC-29. Consequently, with effect from 1 May 2015, persons looking to incorporate any class of companies (including public/ private limited companies, one person company but not including companies with charitable objects) may make an application to the concerned registrar of companies (“RoC”) in the prescribed eForm INC-29 online. Key features of the eForm INC-29 are as follows

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Amendment to Foreign Direct Investment Policy

The Department of Industrial Policy and Promotion, Ministry of Commerce & Industry, Government of India has issued Press Note 4 of 2015 on 24 March 2015 amending the Consolidated Foreign Direct Investment (FDI) Policy Circular of 2014 with immediate effect to permit 49% FDI in the pension sector. Within this limit FDI up to 26% is under the automatic route and above that up to 49% is under the Government route.

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