View from Khaitan & Co

Significant beneficial ownership filings by listed companies – SEBI extends timelines

On 8 February 2019, the Ministry of Corporate Affairs (MCA) released the Companies (Significant Beneficial Owners) Amendment Rules 2019 (New SBO Rules) to revise and amend the Companies (Significant Beneficial Owners) 2018 (Old SBO Rules). As per the New SBO Rules, the first SBO-related filing is due on 12 May 2019. Vide circular No SEBI/HO/CFD/CMD1/CIR/P/2018/0000000149 […]

Plastic ban on 36 major railway stations

On 22 January 2019, the National Green Tribunal, Principal Bench, New Delhi (NGT) in the case of Saloni Singh & Anr v Union of India & Ors (OA No. 141 of 2014) inter alia, directed the Railway Administration, Ministry of Railways, Government of India (Railway Administration) to develop ‘eco-smart stations’ which would serve as model […]

Licensing structure for defence manufacturing by the MCI

On 1 January 2019, the Ministry of Commerce and Industry (MCI) vide Press Note No.1 of 2019 Series (Press Note 2019) specified the list of defence items under the Industries (Development and Regulation) Act, 1951 (IDRA) and the list of arms and ammunitions requiring license under Form VII of the Arms Act, 1959 (Arms Act), […]

India: Supreme Court upholds NCLAT insolvency judgement ruling

On 11 February 2019, the Supreme Court dismissed the Civil Appeal bearing No. 1484 of 2019 filed by Rai Bahadur Shree Ram and Company Pvt. Ltd. (the shareholder and promoter of Ferro Alloys Corporation Limited) and affirmed the landmark judgment passed by the National Company Law Appellate Tribunal (NCLAT) in the matter of Ferro Alloys […]

Significant Beneficial Ownership: MCA Releases Amended Rules

On 8 February 2019, the Ministry of Corporate Affairs (MCA) released the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (New SBO Rules) to revise and amend the Companies (Significant Beneficial Owners), 2018 (Old SBO Rules). The New SBO Rules have once again kick-started the process of requiring significant beneficial owners to start the reporting procedures. […]

One-time ‘active’ filing – Crackdown on shelf companies continues…

On 21 February 2019, the Ministry of Corporate Affairs (MCA) notified changes to the Companies (Incorporation) Rules, 2014 introducing a one-time form filing requirement confirming the active status of companies. The form needs to be filed on or before 25 April 2019. The amendment has not yet been notified in the official gazette of India, […]

Appellate authority confirms that activities carried out by an employee for an office located in another state would be a taxable supply

The Karnataka Appellate Authority for Advance Rulings (AAAR) has upheld the ruling of the Karnataka Authority for Advance Rulings (AAR) in the application filed by Columbia Asia Hospitals Pvt. Ltd. (Applicant). The AAR had ruled that the activities carried out by employees of the Corporate office (CO) of the Applicant for the Applicant’s branch offices […]

Equal pay for equal work: Supreme Court of India reiterates

In the case of Sabha Shanker Dube v Divisional Forest Officer (Civil Appeal No 10956 of 2018), a division bench of the Supreme Court of India (Supreme Court) comprising of Mr. Justice S A Bobde and Mr. Justice Nageswara Rao, has reiterated the law on equal pay for equal work as long as the employees […]

Gujarat High Court strikes down pre-import condition

On 4 February 2019, the Gujarat High Court, in the case of Yasho Industries Limited, Cosmo Films Limited and Gujarat Fluorochemicals Limited quashed the pre-import condition for advance authorisation scheme. The summary of this landmark decision argued by us is provided..