Podcast
ELP Podcast Series
Hosted by ELP · EN
In our busy lives, time always seems short. There is so much we would like to read & learn more about but just never seem to get down to it. To this end, ELP’s Podcast Series, endeavours to keep our listeners abreast of key legal and regulatory developments which will have an impact on doing business in India. Succinct and conversational in its format, our podcasts aim to cut down the ‘legalese’ and break down issues for our listeners. Our aim is to provide clear information in a short span of time! We hope you enjoy our podcasts and keep tuning in! For more information please visit https://elplaw.in/
12episodes
Episodes
Newest firstAll episodes
ELP Podcast Series: Directors and the Law- An Insider's View
3w ago00:14:46Tap to summarizeWhat does it really mean to sit on a board in India today? In this episode of ELP Podcast Series: Directors and the Law — An Insider's View, our Co-Founder Sujjain Talwar along with Associate Vedant Bisht unpacks the legal duties, hidden liabilities, and practical habits every independent and non-executive director needs to know. From why silence in a boardroom is seldom neutral, to the five habits that separate effective directors from those exposed — this is the conversation every director should have before their next board meeting.
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ELP Podcast Series: Grievance Redressal Under the DPDP Act: Looking beyond the checkbox
4w ago00:10:47Tap to summarizeAs part of our ongoing DPDP primer series, this week’s primer is presented as a podcast episode, turning the spotlight on grievance redressal—a critical piece of the compliance puzzle. We unpack the intersection of individual rights and data fiduciary obligations, explore what “effectiveness” could really mean in practice, and highlight key considerations for businesses as they move into implementation mode.
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ELP Podcast Series: Tiger Global Ruling and the Investor Lens: Reflecting on the India–Mauritius Tax Treaty
Feb 1100:11:13Tap to summarizeIn this episode of ELP Podcast Series- Tiger Global Ruling and the Investor Lens: Reflecting on the India–Mauritius Tax Treaty, our Partner Rahul Charkha in conversation with Feroz Hematally, Head of Tax, IQ EQ, Mauritius unpacks the evolving jurisprudence surrounding the India–Mauritius tax treaty. Against the backdrop of landmark rulings—from Azadi Bachao Andolan and Vodafone to the recent Tiger Global decision—the discussion examines the continued relevance of Circular 789, the evidentiary value of a Tax Residency Certificate (TRC), and the implications for FDI, FIIs, and investment funds. The episode traces how the legal position has evolved since 2000 and assesses what investors should meaningfully take away from decades of litigation. The conversation further explores the Supreme Court’s observations on conduit structures, POEM, effective management and control, and the interplay between treaty benefits and GAAR. Rahul and Feroz analyse what constitutes “commercial substance” in the Mauritius context, including the relevance of employees, premises, expenditure, and the framework governing Global Business Licence companies under Mauritian law. They also discuss the potential for increased scrutiny by Indian tax authorities, limitation considerations, and practical guidance for investors—particularly those holding grandfathered investments—amid the pending ratification of the 2024 Protocol to the India–Mauritius DTAA.
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ELP Podcast Series: India-Mauritius Tax Treaty: Unpacking the Impact of the 2025 circular on grandfathered investments and PPT scrutiny
Feb 17, 202500:19:53Tap to summarizeIn the latest episode of the ELP Podcast Series: India-Mauritius Tax Treaty: Unpacking the Impact of the 2025 circular on grandfathered investments and PPT scrutiny, Sanskriti Tiwari, Assistant Manager Corporate Communications, speaks to our Partner Rahul Charkha, and Feroz Hematally, Regional Tax Head at IQEQ Mauritius, for a deep dive into the evolving landscape of the India-Mauritius Tax Treaty. The discussion unpacks how Mauritius became a favored investment route into India, offering tax-free exits on investments made before 2017, and how the 2017 protocol shifted taxing rights to India for subsequent investments. Fast forward to 2024, uncertainty loomed over whether the Principal Purpose Test (PPT) could override these grandfathered benefits. A game-changing January 2025 circular finally put concerns to rest, confirming that pre-2017 investments remain protected. The conversation also highlights why investors must maintain economic substance to avoid scrutiny, as tax authorities continue to assess the legitimacy of transactions. With unresolved questions around Tax Residency Certificates (TRCs), the episode offers key insights into navigating compliance challenges in an ever-evolving tax landscape. The episode concludes with key recommendations for clients from both India and Mauritius perspective, including proactive structure reviews, case-by-case evaluations and continued vigilance regarding evolving tax regulations
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ELP Podcast Series- Union Budget 2024 and Insurance Sector: Substantial GST Reliefs for key issues and the road ahead
Jul 25, 202400:21:23Tap to summarizeThe Union Budget, 2024 proposes much needed amendments addressing significant issues for the Insurance Sector, in line with the recommendations made in the 53rd meeting of the GST Council. The proposals come in the background of high-stakes litigation faced by the insurance sector, cumulating to tax demand of several thousand crores. These proposals along with recent Circulars for the Insurance sector are expected to address these litigious issues. However, a finer reading of the proposed amendments and clarifications would suggest that certain aspects would require deeper deliberation to assess actual impact on existing litigation. In this context, please tune into our podcast wherein our Partner Stella Joseph and Principal Associate Rushil Shah, discuss the implications of these GST proposals for the insurance sector.
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ELP Podcast Series: Positive GST Circulars for related party transactions
Jul 12, 202400:15:03Tap to summarizePursuant to recommendations of the 53rd meeting of the GST Council, the Central Board of Indirect Taxes and Customs (CBIC) has issued various Circulars clarifying positions as regards GST treatment of certain transactions. These include three Circulars issued for clarifications on GST treatment of Employee stock ownership plan (ESOP) transactions, valuation of cross border related party transactions and issuance of loans / borrowings to related parties. In this episode of ELP Podcast Series, "Positive GST Circulars for related party transactions", Harsh Shah (Partner) and Ruchita Shah (Associate Partner) discuss these positive clarifications issued with respect to GST treatment of related party transactions which, they believe, would reduce litigation and promote ease of doing business in India.
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ELP Podcast Series- Ghar Wapsi:Toiling the way to Reverse Flip the Externalised Structures
Jun 24, 202400:10:40Tap to summarizeIn this episode of our podcast, Dipesh Jain, Partner, and Sumeet Agrawal, Associate Partner at Economic Laws Practice (ELP), delve into the concept of "Ghar Wapsi" or the reverse flipping of externalised company structures. This episode explores why corporates are restructuring by way of internalisation or a ‘reverse flip’. Further, it delves into the possible options to achieve the same, the intricacies involved as companies move towards reverse flipping and also touch upon the viewpoint of Indian regulators around the same.Don’t miss out on the insightful discussions on this topic!!
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ELP Podcast Series: Navigating the Impact of the India-Mauritius DTAA Protocol
May 3, 202400:08:25Tap to summarizeTune in to the latest episode of the ELP podcast series, discussing the recent Protocol signed between India and Mauritius. This protocol, driven by BEPS Action Plan 6, introduces the Principal Purpose Test, reshaping investment dynamics for Global investors investing in India through Mauritius.Key Takeaways include:Enhanced Scrutiny: Global investors funneling funds through Mauritius may face increased scrutiny. While genuine investments persist, those solely leveraging DTAA benefits could see challenges.Potential Litigation: Legal battles on retroactive application and interpretation disputes.The Way Forward: Reviewing past investments, strengthening documentation and meeting substance requirements are essential steps.Don't miss out on this insightful discussion reshaping the landscape of cross-border investments!
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ELP Podcast Series: Food Regulation- Reactive measures in the wake of media trials
Apr 19, 202400:07:49Tap to summarizeJoin Sweta Rajan, Partner, and Samyuktha Srinivasan, Senior Associate, Economic Laws Practice (ELP) in our latest podcast episode as they discuss the latest example of food regulation in the times of social media – the Nestle sugar debacle titled "Food Regulation: Reactive measures in the wake of media trials". This episode explores why FSSAI is investigating Nestle’s products and the legal position on sugar content in infant food and food substitutes. Further, it provides an insight into the role of the Indian regulators in such a scenario and the consequences of their reactive regulation.
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ELP Podcast Series: Sanctions (Middle East & Africa)
Jan 18, 202400:25:37Tap to summarizeIn the fourth episode of Economic Laws Practice (ELP))'𝘀 𝗣𝗼𝗱𝗰𝗮𝘀𝘁 𝗦𝗲𝗿𝗶𝗲𝘀 𝗼𝗻 𝗦𝗮𝗻𝗰𝘁𝗶𝗼𝗻𝘀: 𝗠𝗶𝗱𝗱𝗹𝗲 𝗘𝗮𝘀𝘁 𝗮𝗻𝗱 𝗔𝗳𝗿𝗶𝗰𝗮, Mahmoud (Mac) Fadlallah, Partner, Akin Gump Strauss Hauer & Feld LLP’s, Dubai office along with Sanjay Notani, Partner, International Trade & Customs Practice, ELP, will delve into the intricate landscape of sanctions, with emphasis on the Middle Eastern and African regions.They will also shed some light on the far-reaching consequences of sanctions law violations on businesses and the strategies that are currently in place or are necessary for stakeholders including Indian businesses to navigate the ever-evolving sanctions regulatory framework. Lastly, they will explore the potential impact of sanctions on bilateral trade, notably in key sectors for India like chemicals and diamonds.
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