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Month: December 2021

The quandary of realizing “Statutory Lien” as a Security Interest under IBC 

Impact on Secured Financial Lenders  Introduction  The Insolvency & Bankruptcy Code, 2016 (“IBC”) has been one of the most talked about debated, evolving legislations of recent times. It has brought with itself, a sea change in the manner that debt is resolved in India. From its very advent in late 2016, IBC has been embroiled …

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Limitation on powers of the National Company Law Tribunal Insolvency & Bankruptcy Code, 2016

Introduction National Company Law Tribunal (“NCLT”) was introduced in the Companies Act, 1956 in the year 2002. However, despite that, the erstwhile Company Law Board continued to function and NCLTs remained only on the statute book. It was only in late 2016 when the Insolvency & Bankruptcy Code, 2016 (“IBC”) was notified, that the NCLTs …

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Dividend income from India – Tax treaty issues for non-resident shareholders

Background Prior to 1 April 2020, dividend income of non-resident shareholders of an Indian company was exempt from tax in India. Indian companies paid dividend distribution tax (‘DDT’) on the declared dividend. However, from 1 April 2020 onwards, dividend income of shareholders of an Indian company is taxable in India in the hands of such …

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Claims notifications and the continuous cover clause in an insurance policy

Asia-Pacific, European Union, Global, India, United Kingdom, USA December 6 2021 India’s insurance sector has, over the years, slowly and steadily seen an ascending trend in respect of the growth of the insurance business by introduction of a multitude of new products and coverage extensions for existing products. Whilst the Indian population was conservative in …

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