Bloomberg Quint: Personal Guarantors Judgment– Time For Promoters To Right-Size Insolvency Risk
– Mukesh Butani & Pradeep Joy The Insolvency and Bankruptcy Code, 2016 has emerged as the most impactful legislation for enforcement actions by creditors against corporate debtors. Its interpretation has not been...
The Business Standard: India opening legal service to UK lawyers: Introspecting a roadmap for 2030
Mukesh Butani & Tarun Jain Extensive stakeholder consultation and pragmatic measures to assuage the concern of Indian lawyers are necessary before changes are affected Amid the pandemic gloom, a news to cheer is the...
BW Legal World: India Rethinks its Trade Relationships: Appraising the New Outlook
It is premature to conclude whether the new trajectory on FTAs will mark a watershed moment in India’s trade partnership and business interests. Nonetheless, the intent and effort to reach greater heights in economic alliances...
Kluwer International Tax Blog : India’s Supreme Court finally settles a two decade old dispute on software taxation
Mukesh Butani, Seema Kejriwal, Ajitesh Dayal Singh Introduction The Supreme Court of India recently settled a two-decade old dispute pertaining to taxability of software income. The Supreme Court ruled that payments to...
The Financial Express: Supreme Court on software taxation: A torch-bearing verdict in the tax-treaty space
By Mukesh Butani & Tarun Jain Whether the licence to use computer software is a transfer of copyright was the core issue before the Supreme Court in the case of Engineering Analysis and a batch of over 80 appeals that was...
Legal Era – Budget 2021 – A Shift in India’s Litigation Landscape
“Death is not the end. There remains the litigation over the estate”. The above quote by Ambrose Bierce, a noted American journalist sums up the state of litigation in India. Litigation is an inherent component of any modern tax...
Bloomberg Quint – Budget 2021: Company Law Reforms on the Horizon
The Budget announcements made on February 01, 2021 have wide ramifications and significantly affect many segments of the economy. This column coves changes proposed in the Finance Minister (‘FM’) speech under the “Company...
Financial Express: Tax matters: The Cairn conundrum and the future of tax arbitration
By Mukesh Butani & Aparna Raman The arbitration ruling by the Permanent Court of Arbitration (PCA) in the Cairn Energy case, coming just three months after the Vodafone ruling, is testimony that jurisdiction is and will...
Kluwer International Tax Blog- Budget 2021: India Defines “Liable to Tax” – Will It Facilitate or Fuel the Debate on Interpretation of Tax Treaties?
Mukesh Butani, Seema Kejriwal, Ajitesh Dayal Singh (BMR Legal) Introduction India’s 2021 Finance Bill proposes to add a definition of “liable to tax” in its domestic direct tax law. As per the definition, the term ‘liable to...
Bloomberg Tax – India’s Budget 2021—Expanding the Debate on Digital Taxes
“When digital transformation is done right, it’s like a caterpillar turning into a butterfly, but when done wrong, all you have is a really fast caterpillar.” This quote by George Westerman, from an MIT Sloan Initiative on the...