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RBI’s Shield for Borrowers against Digital Lending

October 14, 2022

[By Rajeev Dadhich] The author is a student at the Institute of Law, Nirma University. The Digital Lending route has acquired prominence, which raised Reserve Bank of India’s  (“RBI”) concerns over the unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices. To curb these concerns, on November 18, 2021, RBI released the Report of the ‘Working Group...

A Case for Regulatory Sandboxes for Cryptocurrencies: Regulatory Theory and Lessons from  Foreign Jurisdictions

October 10, 2022

[By Sarthak Virdi] The author is a student at the National Law School of India University, Bangalore. Introduction Regulatory Sandboxes (RS) are artificial environments used to test innovations and have been relied on in the fintech sector. The RBI defines them to be testing environments with regulatory relaxations, the purpose of which is to gauge the viability of products by estimating benefits and risks. The benefits of RS have...

Recovery of Indirect Taxes and Duties Post Imposition of Moratorium: Resolving the Legal Quagmire

October 8, 2022

[By KV Kailash Ramanathan] The author is a student at the National University of Advanced Legal Studies, Kochi. Introduction In recent years, the legal fraternity has witnessed a befuddling tug-of-war between tax authorities on one hand and the Corporate Insolvency Resolution Process on the other. The battle runs for the recovery of taxes and dues payable by the corporate debtor. Taxation statutes like The Customs Act. 1962 provide for...

Defending RBI’s MD-PPI On Buy-Now-Pay-Later Lending: A Case For Regulatory-Proportionality

October 3, 2022

[By Sukarm Sharma] The author is a student at the National Law School of India University, Bengaluru. Introduction Buy-Now-Pay-later (“BNPL”), as the name indicates, is a point-of-sale credit mechanism, where consumers can purchase a product immediately, and pay it off in various installments. This is enabled by a third-party fintech firm. The fintech firm pays for the product to the merchant (like Amazon, Zomato, etc.) through a pre-paid instrument (“PPI”)...

Poison that Indian Corporates Need: About Time to Bring ‘Poison-Pill’ in India?

September 29, 2022

[By Shaurya Singh and Sanya Goel] The authors are students at the Jindal Global Law School, Sonipat. The shareholder rights plan, commonly known as the ‘Poison-pill’ is a strategy used to defend against a hostile takeover by issuing new shares at discount to the existing shareholders other than the acquirer. This dilutes the shareholding of the acquirer while providing an opportunity to the other shareholders to raise their holdings at...

Mandatory Nature of Pre-show Cause Notice- A Silver lining For Tax Reforms?

September 29, 2022

[By Priyanshi Jain] The author is a student at the Institute of Law, Nirma University. Introduction A show-cause notice consists of a prima facie opinion by the tax department with respect to the offence made out against a taxable person. The aim of pre-show cause notice is to reduce the burden of unnecessary litigation before issuing the final show-cause notice. The need for the same was initially highlighted in the...

Supreme Court Settles Jurisdictional Conundrum for Appeals from ITAT Orders

September 26, 2022

[By Harshit Joshi] The author is a student at the Vivekananda Institute of Professional Studies. An appeal was brought before the Supreme Court in which both the Delhi High Court and the Punjab & Haryana High Court refused to have territorial jurisdiction over the dispute due to a difference of opinion and dismissed appeals filed before them. The Supreme Court solved the conundrum concerning appellate jurisdiction of the High Courts...

Are Pre-closing Covenants Anti-Competitive?: Separating Gun Jumping from Pre-closing Covenants

September 26, 2022

[By Pranay Agarwal] The author is a student at the Gujarat National Law University. Introduction The process of merger and acquisition is not consolidated in India and still remains a practical aspect influenced more by the business practices and the consensus between the entities. One of the important aspects of this process is the Share Purchase Agreements (SPAs) where the shares of the seller are legally transferred to the buyer...

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