LexCounsel On Cyberlaw following recent issues and Doug DePeppe’s Cyberlaw presentation in San Francisco

“Why would they target me, I am just a lawyer?”, I believed until I was greeted with a strange message on my laptop a few days back: “Your documents, photos, databases and other important files have been encrypted!…………” The message popped up on a notepad like document in the afternoon of May 18, 2016, and […]

Seema JhinganPartner, LexCounsel

Clarification by CBDT on taxability of income arising out of transfer of shares

The Central Board of Direct Taxes (“CBDT”) with the objective to reduce litigation and to maintain consistency in approach on the issue of treatment of income derived from transfer of shares and securities, has issued circular no. 6/2016 dated February 29, 2016 (“Circular”), and a follow up letter no. F.No.225/12/2016/ITA.II dated May 2, 2016, (“the […]

Seema JhinganPartner, LexCounsel

SUPREME COURT DROPS THE HAMMER ON TRAI’S CALL DROP REGULATIONS

A.  Supreme Court quashes TRAI Regulations on call drops  The Hon’ble Supreme Court of India has quashed the Telecom Consumers Protection (Ninth Amendment) Regulations dated October 16, 2015 (“Regulations”) issued by the Telecom Regulatory Authority of India (“TRAI”). The Regulations, which prescribed a financial disincentive (Rs. 1 for each call drop limited to a maximum […]

Seema JhinganPartner, LexCounsel

Trai’s regulations for compensation to consumers for call drops upheld

Call drops can be simply explained as the service provider’s ineptitude in maintaining a call between users and providing continued service once a call has been correctly established. Inadequate infrastructure, overloaded networks and fast paced expansion with poor investment by Telecom Service Providers (“TSPs”) to match the expansion are some of the reasons behind this […]

Seema JhinganPartner, LexCounsel

Inspiring innovation in start-ups – protection of intellectual property rights

India has become the fastest growing Start-Up base worldwide and stands third in the global Start-Ups ecosystem as per NASSCOM Start-Up Ecosystem Report 2015. With more Start-Up ventures taking shape, the ecosystem for establishing a successful a Start-Up is not only competitive but also tough to survive. In this scenario, novelty and innovation plays a […]

Seema JhinganPartner, LexCounsel

Call drops menace – Trai’s role and whether a Rupee compensation is the answer to the problem

India’s mobile phone subscribers recently crossed the one billion mark. With the cheapest call tariffs in the world, India’s mobile user base is expected to contribute to massive growth in data usage and internet accessibility through mobile phones in the near future. However, the Telecom Regulatory Authority of India (TRAI) has a bigger problem on […]

Seema JhinganPartner, LexCounsel

E-Commerce: The VAT Conundrum

The e-commerce boom and build-up of online sales, has opened up a massive opportunity for the online service providers/aggregators. Popularity of the online market places has however, also brought with it certain legal and regulatory challenges especially in relation to taxability of the online aggregators.   One such issue that the online aggregators seem to […]

Seema JhinganPartner, LexCounsel

FDI Liberalizations in the E-Commerce Sector

Under the Consolidated Foreign Direct Investment Policy (“FDI Policy”) issued by the Department of Industrial Policy & Promotion (“DIPP”), FDI is permitted upto 100% under the automatic route in companies engaged in E-Commerce provided such companies would engage only in Business to Business (B2B) e-commerce. FDI in E-Commerce with respect to retail trading, however, was […]

Seema JhinganPartner, LexCounsel