Entries by Staff Publication

GST council throws cold water on financial lease transactions

By Abhirup Ghosh(abhirup@vinodkothari.com) & Anita Baid(anita@vinodkothari.com) Introduction The basic nature of levy under the GST laws (Goods and Service Tax) in India is that it is pervasive. Section 9 of the CGST Act, 2017, is the charging section which imposes tax on any “supply”. Here, exclusions are items like non-taxable supplies, exempt supplies and supplies which […]

Investment by FPIs in securitised debt instruments

By Anita Baid,(anita@vinodkothari.com)(finserv@vinodkothari.com) Investments by Foreign Portfolio Investors (FPIs) in unlisted debentures and securitised debt instruments (SDIs) issued by Indian companies was allowed pursuant to SEBI notification dated 27th February, 2017[1]. Earlier in November, 2016, Reserve Bank of India (RBI) had also permitted investment by FPIs in unlisted non-convertible debentures and securitised debt instruments issued […]

The Curious Case of Home-Buyers: All is Well?

By Sikha Bansal, (sikha@vinodkothari.com) (resolution@vinodkothari.com)   All the hullabaloo surrounding the inclusion of “home-buyers” in the category of financial creditors was put to rest by the promulgation of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (“the Ordinance”). The Ordinance amends the definition of “financial debt” u/s 5 (8) of the Insolvency and Bankruptcy Code, […]

MCA raises curtain on SBO Rules – Notifies final rules with several changes.

CS Vinita Nair, vinita@vinodkothari.com CS Nikita Snehil, nikita@vinodkothari.com Vinod Kothari & Co. | June 14, 2018 Amendment to Section 89 and 90 is one of the key amendments proposed in Companies (Amendment) Act, 2017 (Amendment Act). While, the Amendment Act is being enforced in phases, stakeholders were given the option to provide the public comments on the […]

MCA amends MGT Rules- alignment with Companies (Amendment) Act, 2017

By Megha Saraf (megha@vinodkothari.com),(corplaw@vinodkothari.com) Introduction Subsequent to the Ministry of Corporate Affairs (“MCA”) notifications dated 9th February, 2018 and 7th May, 2018 through which MCA hadenforced 43 sections and 28 sections of the Companies (Amendment) Act 2017, (“Act, 2017”),it has once again come up with another set of notificationsvide its notification dated 14th May, 2018 bringing […]

Property Share Business Models in India

By Vishes Kothari (vishes@vinodkothri.com) Real estate suffers from the paradox of being a much sought after mode of investment which is at the same time illiquid, has high investment threshold and is difficult to adminster and manage. However technology can provide newer and more efficient ways of investing smaller amounts into co-ownership of property. Property […]