RRESEARCH

This forum provides access to some of our published research, working papers and articles. All research work and papers are intellectual properties of Nishith Desai Associates. They are for free distribution, but all rights are reserved

The contents of these publications should not be construed as legal opinion or professional advice. Since the sources are varied, at times it is difficult to verify the correctness of the information mentioned herein.

Some papers, are in .PDF (Adobe Acrobate) format. You will need Adobe Acrobat Reader (a free software) to read and print the papers. Click here to download the software


Private Equity in Real Estate

Realty Debt Funding in India.pdf

Indian Film Industry: Tackling Litigations

DTC Report

Destination India:Welcome Retail
 

Cloud Computing

The Indian Telecom Sector

Joint Ventures in India

Dispute Resolution in India
 
Mergers & Acquisitions in India
 

Doing Business in India

Private Equity in India

Intellectual Property in India

Investment in the Education Sector

Globalization Of India Inc.

Venture Capital and Private
Equity in India

Arbitration Think Tank

Media & Entertainment in India – A White Paper
 
Investment in Healthcare Sector in India

Pharma Report - 2006

The growing Digital Divide

eComtaxpert Group (700KB)
Click here to visit the eComtaxpert website

Business Process Outsourcing
 
Insurance Law & regulations in India(1.2mb)
 
Indian Depository
Receipts

Biotechnology-Legal & Ethical Issues-June 2005 Edition

Venture Capital at Crossroads

Ecommerce & WTO-Indian Considerations

Economic Opportunities in Rebuilding Afghanistan(1.5mb)
 
Globalising Indian TV Industry
 
Legal Issues in Ecommerce

Opportunities in the Oil & gas sector in India

Legal Framework forInfrastructure & its impact on Construction Industry

Right to Privacy & data protection
 
India: Structural Strategy
 
Opening up of Internet Telephony in India

Legal issues in Franchising-An Indian perspective

Media Report(Separate site opens in a separate window)
 
Special Economic Zones-Locational Advantages for IT Cos
 
Mutual Funds in India-An Overview
           
More PublicationsPlease scroll down for more research papers & articles.
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OOTHER RESEARCH PAPERS & ARTICLES
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New ‘What’s in a name’… John Doe arrives in India, Payel Chatterjee, March 2012

A Q&A guide to investment funds law in India, Practical law Multi-Jurisdictional Guide, Vivek Mimani & Bijal Ajinkya, 2012

Bilateral Investment Treaties and India, Prateek Bagaria and Vyapak Desai, January 2012

Protecting Investments by US companies in India in the absence of India-US Bilateral Investment Treaty, Prateek Bagaria and Vyapak Desai, January 2012

Doing business in a more transparent world, The World Bank Report, Vikram Shroff & Harshita Srivastava, 2011/2012

The ICLG to: Real Estate 2011, Ruchir Sinha & Deepak Jodhani, 2011

Source Versus Residence: An Indian Perspective, The Chamber of Tax Consultants, Bijal Ajinkya, June 18, 2010

Common Issues Involving Indian Acquisitions, Dispositions, and Spinoffs, Tax Notes International, John D. McDonald, Parul Jain and Shreya Rao, May 17, 2010

India’s Dispute Resolution Panel Offers Timely Relief For Taxpayers, Tax Notes International, Harshal Shah & Neha Sinha, March 15, 2010

2010 Budget Increases Uncertainty for International Business, Tax Notes International, Mahesh Kumar & Shreya Rao, March 15, 2010

M&A Lab: Sun Pharma - Taro Pharma Dissection, Private Equity Journal India, Feb 2010

India Chapter in Arbitration News, Newsletter of the International Bar Association Legal Practice Division, Shafaq Uraizee-Sapre and Sahil Kanuga, Vol 14 No. 2, Sep 2009

India Chapter in Global Pharmacovigilance Laws and Regulations: The Essential Reference, Food and Drugs Law Institute, Washington DC, USA, Dr. Milind Antani & Khushboo Baxi, June 2009

Private Equity Chapter 2009 in Getting the Deal Through, (No.: 09/03-87) (708 KB), Archana Rajaram & Amrita Singh, Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through -Private Equity 2009 (published February 2009 - contributing editor Casey Cogut). For further information please visit www.GettingTheDealThrough.com

Fund Formation Chapter 2009 in Getting the Deal Through, (No.: 09/03-87) (657 KB), Richie Sancheti & Vikram Shroff, Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through -Private Equity 2009 (published February 2009 - contributing editor Casey Cogut). For further information please visit www.GettingTheDealThrough.com

On with the show, (No.: 09/03-86) (182 KB), Ranjana Adhikari, Khushboo Baxi & Gowree Gokhale, appearing in the India Business Law Journal, March, 2009

Escape Legally, (No.: 09/03-85) (1.16 MB), Archana Rajaram & Amrita Singh, appearing in AsiaLaw, March, 2009

A Tax Planning Primer for U.S.-Controlled Indian Business Operations, (No.: 09/02-84) (290 KB), Nishith Desai & Parul Jain, appearing in edition of Tax Notes International, a Tax Analysts publication., February 23, 2009

Relaxed FDI Regime holds key to unlocking lost realty avenues, (No.: 09/02-83) (2 MB), Nishchal Joshipura & Shafaq Uraizee Sapre, appearing in IVCJs PE Weekly review, February 13, 2009

Distressed Asset Mgmt-A Reality Check, (No.: 09/01-82) (557 KB), Siddharth Shah & Abir Roy, appearing in IVCJs Tax Angle, January, 2009

Easing Creeping Acquisition Norm, (No.: 09/01-81) (229 KB), Ruchir Sinha & Nishchal Joshipura, appearing in IVCJs PE Weekly Review, January 31, 2009

How to market hedge funds in India (No.: 08/01-80) (502 KB), Divaspati Singh & Kishore Joshi, appearing in Complinet, January, 2009

Competition Law and Infrastructure, (No.: 08/12-79) (502 KB), Shikhar Kacker & Kartik Ganapathy, appearing in Manupatra, October-December, 2008

The Travails of the India Mauritius Tax Treaty and the Road Ahead, (No.: 08/12-78) (1 MB), Dhruv Sanghavi & Nishith Desai, appearing in Souvenir Book 2008 of Association of Trust & Management Companies, Republic of Mauritius

Ensure Compliance with Employment Laws in India, (No.: 08/12-77) (3 MB), Radhika Iyer & Vikram Shroff, appearing in SHRM's Legal Report October-November, 2008

India, China embrace Competition Law, (No.: 08/12-76) (212 KB), Ruchi Biyani, Abir Roy & Vivek Kahpalia, appearing in The Business Times, Singapore, November, 2008

Indian Budget 2008-2009: Indirect Tax Implications (No.: 08/03-75) (765 KB) Advait Sethna and Harshal Shah. This article has been published in March 2008 issue of BNA International's Tax Planning International Indirect Taxes (www.bna.com)

Step by Step practical guide on the issues involved in outsourcing transactions (No.: 08/03-74) (585 KB) This chapter was first published in the PLC Cross-border Outsourcing Handbook 2007/08 and is reproduced with the permission of the publisher, Practical Law Company

Legal and Regulatory Aspects for Private Equity & Venture Capital in India (No.: 08/03-73) (2 MB) Rajesh Pathania and Kartik Ganapathy. This article has been published in March 2008 issue of Financier Worldwide (www.financierworldwide.com)

Competition: The rules of the combination game in India (No.: 08/01-72) (164 KB) Archana Rajaram and Kartik Ganapathy. This article has been published in January 2008 issue of BNA International’s Corporate Restructuring (www.bna.com)

Indian corporate debt market: All set for a revamp (No.: 08/01-71) (157 KB) Vaidhyanadhan Iyer and Vyapak Desai. This article has been published in January 2008 issue of BNAI’s Corporate Restructuring(www.bna.com)

Nexus Matters: India’s Right to Tax, (No.: 08/01-70) (23 KB) Shreya Rao, This article appeared in the January 2008 edition of Tax Notes International, a Tax Analysts publication. This paper was awarded the International Bar Association Taxation Section scholarship in October, 2007

TDS Woes of Non-Residents (No.: 08/01-69) (400 KB) Dhruv Sanghvi and Bijal Ajinkya. This article has been published in November 2007 issue of Taxman's Chartered Accountants Today

Curbing competition in India, (No.: 07/11-68) (23 KB) Kartik Ganapathy & Archana Rajaram, appearing in Mint (http://www.livemint.com), November 19, 2007

Morgan Stanley: Indian Supreme Court’s Landmark Ruling on PE, Transfer Pricing, and Attribution of Profits reserved. Tax Analysts does not claim, (No.: 07/08-68) (237 KB) Jitender Tanikella & Bijal Ajinkya, appearing in Worldwide Tax Daily of the Tax Analyst, July 2007

Getting the Deal Through – Tax on inbound investment 2007, (No.: 07/03-67) (550 KB) Shefali Goradia and Parul Jain. This article has been published in Getting the Deal Through (www.GettingTheDealThrough.com )

Doing Business in India: Budget 2007-2008, (No.: 07/03-66) (550 KB) Archana Rajaram and Daksha Baxi. This article has been published in March 2007 issue of BNAI’s Tax Planning (www.bna.com)

Transfer Pricing in India, (No.: 07/01-65) (150 KB) Archana Rajaram and Nishchal Joshipura. This article has been published in January 2007 issue of BNA International's Tax Planning International Transfer Pricing (www.bna.com)

The Coming of Age of International Tax Jurisprudence in India, (No.: 06/11-64) (473 KB) Parul Jain & Shreya Rao

Doing Business In India, (No.: 06/08-63) (473 KB) Parul Jain & Anirudh Rastogi. Appearing in BNAI’s Tax Planning International's Special Report, August 2006 (www.bna.com) 

Indian legal & Regulatory environment: The Pharmaceutical Industry, (No.: 06/08-62) (250 KB) Gowree Gokhale & Dr. Milind Antani, appearing in Indian Venture Capital Journal

Guidelines Set For Foreign Firms To Issue Indian Depositor Receipts, (No.: 06/06-61) (165 KB) Ruetveij Pandya & Reuben Chacko. This article has been published in June 2006 issue of BNA International's World Securities Law Report (www.bna.com)

Cricket SMS—commentating on the legal validity of cricket scores sent via SMS, (No.: 06/04-62) (165 KB) Vivek Kathpalia & Prerak Hora. This article has been published in April 2006 issue of Oxford Journals-Journal of Intellectual Property Law & Practice

India: RBI Liberalises Grant of ESOP by Foreign Companies & Defines Norms for Repurchase by Companies, (No.: 06/04-60) (165 KB) Daksha Baxi & Rina Kamath. This article has been published in April 2006 issue of BNA International’s Corporate Restructuring (www.bna.com)

Recent Advance Ruling: A shot in the Arm for the Indian Outsourcing Industry, (No.: 06/03-59) (59 KB) Bijal Ajinkya & Annapoorna Jayaseelean. This article has been published in March 2006 issue of BNA International’s Tax Planning International Review (www.bna.com)

Reality Bites: India Regime Governing Real Estate Funds, (No.: 05/09-58) (1 MB) Shagoofa Khan & Siddharth Shah, appearing in Indian Venture Capital Journal

Indian Private Equity: 'Venturing' into India-Legal & Structural overview, (No.: 05/09-57) (164 KB) Bijal Ajinkya & Siddharth Shah, appearing in Indian Venture Capital Journal

Business Process Outsourcing: Business, Legal & Tax Issues, (No.: 05/09-56) (286 KB) Shagoofa Khan & Vaibhav Parikh, appearing in Indian Venture Capital Journal

Software Patents in India, (No.: 05/09-55) (28 KB) Gowree Gokhale & Vikram Raj, appearing in Vijay Times, February 19, 2006

Overseas Reorganization Is Tax-Exempt, Indian Tax Authority Says, (No.: 05/09-54) (28 KB) Roshni Shankar & Nishchal Joshipura, appearing in Worldwide Tax Daily of the Tax Analyst, September 21, 2005

Dividend Stripping Is Legitimate Tax Planning Method, Indian Tribunal Holds, (No.: 05/08-53) (237 KB) Shefali Goradia & Roshni Shankar, appearing in Worldwide Tax Daily of the Tax Analyst, August 05, 2005

Getting the Deal Through - Mergers & Acquisitions 2005 (No.: 05/05-52) (2.4 MB) Ruetveij Pandya & Vikram Shroff - Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Mergers & Acquisitions 2005, (published in June 2005, consulting editor Casey Cogut). For further information please visit www.GettingTheDealThrough.com

Follow-on Biologics is an abbreviated approval on the horizon (No.: 05/04-51) (221 KB) Komal Shah. This article was published in Pharma Bio World March-April - 2005

The New Patent Regime - Implications for Pharma & Agrochemical Sectors (No.: 05/01-50) (221 KB) Komal Shah. This article was published in Chemical Industry Digest. Annual January - 2005

Towads a Law on Data Exclusitivity - (No.: 05/01-49) (673 KB) Dr. Milind Antani & Prashant Iyengar. This article was published in Chronicle Pharmabiz, January 6, 2005

Pharma Outsourcing - Destination India - (No.: 04/01-48) (1276 KB) Dr. Milind Antani & Vaibhav Parikh. This article was published in Outsourcing in India today supplement to Chimica Oggi/Chemistry Today - November / December 2004

Labour and Employee Benefits - (No.: 04/10-47) (284 KB) Daksha Baxi. This article was first published in the PLC Global Counsel Labour and Employee Benefits Handbook 2004/05 (www.practicallaw.com/)

Characterisation of LLP for Tax and Treaty Purposes - Indian Perspective - (No.: 04/06-46) (284 KB) Daksha Baxi & Shefali Goradia This article was publisned in BNA International's Tax Planning International Mergers & Acquisitions, May, 2004. (www.bna.com)

The Intellectual Property Law Regime In India, (No.: 04/02-45) (499 KB) Nishith Desai Associates

Indian Supreme Court Clears Mauritius Investment Route (No.: 03/10-44) (409 KB) Nishith Desai and Bijal Ajinkya, This article was publisned in Tax Notes International, October 20, 2003

Business Connection and Permanent Establishment (No.: 03/09-43) (845 KB) Shefali Goradia, This article was presented at the 30th Residential Refresher Course Chartered Accountants Association, Ahmedabad, September, 2003

Business Process Outsourcing and PE Issues (No.: 03/09-42) (840 KB) Raj Shroff and Shagoofa Khan, This article was published in IBA Section on Business Law - Committee N News, September, 2003

Bankruptcy Laws - A Comparative analysis: United States and India (No.: 03/10-41) (455 KB) April 11, 2003

Inversion - The Basic Facts (No.: 03/09-40) (251 KB)Lubna Kably, Raj Shroff and Shefali Goradia

Case Study: Tax credit for dividend distribution tax in the hands od the U.S. parents (No.: 03/05-39) (328 KB) Lubna Kably and Shagoofa Khan, This article was published in KSCAA news bulletin, May 2003

Transforming Bollywood - A Legal Perspective (No.:03/05-38) (23 KB) Nilesh Zacharias and Ashni Parekh, This article was published in CMG Matrix, Issue 3, May 16, 2003 (Cannes Special).

Dependent Personal Services (No.: 03/04-55) (621 KB) Shagoofa Khan and Daksha Baxi, This article featured in the compilation of the papers for the Assocham International Tax Conference held on April 24-25, 2003, Hyatt Regency, New Delhi

Tax Treatment of Securitisations of Receivables, (No.: 02/11-37) (162 KB) Yogesh Bhattarai and Daksha Baxi Published by International Bureau Of Fiscal Documentation Journal: “Derivatives & Financial Instruments”.

The changing face of NRI taxation in India, (No.: 03/05-36) (88 KB) Shivani Shah & Daksha Baxi,

The information Technology act, November 2001, (No.: 03/04-35) (479 KB) Published by Chamber of Income Tax Consultants click here for Information Technology Act 2000

India's 2003 Finance Bill Proposes Changes to Direct, Indirect Taxes, (No.: 03/03-34) (237 KB) Bijal Ajinkya & Shagoofa Khan, appearing in Worldwide Tax Daily of the Tax Analyst, March 05, 2003

Deputation of employees abroad - Practical Issues and Experiences, (No.: 03/01-33) (54 KB) Lubna Kably

Inbound-Outbound Investments from India - Practical Issues and Experiences, (No.: 03/01-32) (87 KB) Shefali Goradia - presented at the International Fiscal Association(IFA - Indian branch),Mahableshwar

Taxation of software supplied by foreign companies, (No,: 02/08-31) (44 KB) Daksha Baxi & Raj Shroff - presented at Federation of Indian Chambers of Commerce and Induatry (FICCI), August 2002

Exploring the nexus between stock options and corporate accountability, (No.: 02/11-30) (17 KB) Shagoofa Khan & Daksha Baxi - appearing in BCAS journal, November 2002

Venture Capitalism (No.: 02/11-12-29) (136 KB) Bijal Ajinkya & Shefali Goradia - appearing in IBFD's journal Asia-Pacific Tax Bulletin(APTB)

Indian Tax Tribunal pronounces “data processing” to be “computer software” eligible for tax benefits (No.: 28) (15 KB) Daksha Baxi & Misha Intwala - The Amadeus case, appearing in Worldwide Tax Daily of the Tax Analyst, September 16, 2002 edition

Non – Discrimination and Mutual Agreement Procedure (No.: 27) (205 KB) Shefali Goradia - International Fiscal Association (IFA), Ahemdabad

Cross Border Mergers & Acquisitions (No.: 26)(585 KB) Nishith M. Desai

Patents and the Indian Pharmaceutical Industry (No.: 25)(448 KB) Nilesh Zacharias & Sandeep Farias - Published in April 2002, in Pharmatech 2002, by The world markets Research Centre

Recent International Case Law on Transfer Pricing (No.: 24)(241 KB) Nishith M. Desai

Impact of Transfer Pricing Regulations on E-Commerce (No.: 23)(362 KB) Nishith M. Desai & Bijal Shah

Electronic Commerce Taxation evolves in India (No.: 22)(76 KB) Daksha Baxi & Bijal Shah - Published in Tax Notes International October 23, 2000 edition

Private equity investments in India: a legal and structural overview (No.: 21)(26 KB) Siddharth Shah - published by Euromoney, in IFLR Private Equity & Venture Capital Year Book, 2001

Corporate Ecology, Beyond Corporate Governance (No.: 20)(64 KB) Sandeep Farias

Foreign Investment into India and its Taxation (No.: 19)(61 KB) Vijay Sambamurthi & Daksha Baxi

Securitisation in India - For latest developments click here... (No.: 18)( 73 KB) Daksha Baxi & Vikram Shroff

Taxation Of Derivatives (No.: 17)(125 KB) Shefali Goradia

ESOPs In India (No.: 16)(120 KB) Rahul Cherian & Lubna Kably

Listing on Nasdaq - Indian Legal and Tax Considerations© (No.: 15)(65 KB)

Un, dos, tres, the tax man bays (No.: 14)(24 KB) Daksha Baxi

International taxation of Software (No.: 13)(91 KB) Shefali Goradia

Foreign Institutional Investment in India (No.: 12)(36 KB) Nishith M. Desai

Joint Ventures (No.: 11) (137 KB) Ashni Parekh

Setting up Software Operations in India (No.: 10)(186 KB) Nishith M. Desai, Vaibhav Parikh, Shefali Goradia

Legal and Tax Considerations Confronting Indian Companies Issuing GDRs/ADRs (No.: 09) (109 KB) Nishith M. Desai

Discovering Derivatives (No.: 08)(67 KB) Nishith M. Desai and Lubna Kably

Tax Aspects of Transfer and Enhancement of Technology with a Particular Focus on Software (No.: 07)(64 KB) Nishith M. Desai and Lubna Kably

Conciliation and ADR in India (No.: 06)(40 KB) Murali Neelakantan

Asset Securitisation (No.: 05)(39 KB) Nishith M. Desai & Lubna Kably

Structuring Venture Capital Funds for Indo-Asian Region - With a Focus on India (No.: 04)(48 KB) Shefali Goradia

AAR Ruling: income derived by a Mauritius fund from units of a mutual fund will not be taxable in India: DLJMBs case (No.: 03)(19 KB) Nishith M. Desai and Lubna Kably

The mechanism of employee stock option plans in the United States (US) (No.: 02) (69 KB) Nishith Desai

Associates Insider Trading: A Comparative Study (No.: 01) (46 KB) Nishith M. Desai & Krishna A. Allavaru

 
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