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Reimbursement by Indian Company to Offshore Company for Obligated Expenses in Relation to Expatriates Not FTS: AAR Thursday, July 1, 2021 Reimbursement held not to be fees for technical services as there was employer-employee relationship between the Indian company and expatriate personnel. Payments made to reimburse obligated expenses such as social security contributions, insurance and relocation expenses held to be reimbursement since they do not accrue to the offshore company. The Mumbai bench of the Authority for Advance Rulings (“AAR”), held that reimbursement made by an Indian company, to a foreign company for certain obligatory payments made to expatriate personnel (“Personnel”) on behalf of the Indian company, would not be taxable as fees for technical services (“FTS”).1 In doing so, the AAR distinguished from the Delhi High Court’s (“Delhi HC”) ruling in Centrica Offshore v. CIT.2 ....
While adjudicating an interim application, the Bombay High Court recently held that registration under the Copyright Act 1957 is not compulsory for seeking relief thereunder. In doing so, the court, after going through the jurisprudence on the subject matter, held the findings in <i>Dhiraj Dewani</i> to be <i>per incuriam</i> and incorrect. ....
On 20 April 2021, the Indian Supreme Court in PASL Wind Solutions v. GE Power Conversion India, clarified that two Indian parties can choose a foreign arbitral seat and that parties to. ....
Tuesday, May 4, 2021 Two Indian parties are entitled to elect a seat of arbitration outside India; The expression “International Commercial Arbitration” in Part I of the Arbitration Act is party-centric, whereas, when used in the context of Part II signifies a place-centric approach; Resultantly, a foreign seated arbitration between two Indian parties would qualify as “International Commercial Arbitration” under Part II of the Arbitration Act, and enforcement of a foreign award arising thereunder will have to be filed before the High Court; Two Indian parties are entitled to interim reliefs before Indian Courts, even if their arbitration is seated outside India; ....
In the recent case of Piyush Ranipa v. State of Maharashtra, the Bombay High Court was faced with a question of law on whether offenses under the Copyright Act and the Trade Marks Act are non-bailable offenses. ....