Majmudar & Partners

Profit attribution to a Permanent Establishment in India – A vexed issue

Background Foreign companies in India are often subjected to a tax audit scrutiny by the Indian tax authorities to check if they have a Permanent...

Failure to pay salary is not criminal conduct

Background The former Chief Executive Officer (the “Complainant”) of Safal Life Science (P) Ltd. (the “Company”) filed a criminal complaint under Sections 420 (cheating), 406...

Fact-check units: an unchecked fact checker – Part II

The Bombay High Court has recently struck down the 2023 amendment (the “2023 Amendment”) to the Information Technology (Intermediary Guidelines and Digital Media Ethics...

Fact-check units: an unchecked fact checker – Part II

The Bombay High Court has recently struck down the 2023 amendment (the “2023 Amendment”) to the Information Technology (Intermediary Guidelines and Digital Media Ethics...

How easily are MAC clauses in Indian M&A contracts enforceable

Background Material Adverse Effect (“MAE”) or Material Adverse Change (“MAC”) clauses are often used in mergers and acquisition (“M&A”) agreements.  MAC clauses are a double-edged...

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