ELP Podcast Series

As part of our ongoing DPDP Primer Series, this week’s podcast delves into “personal data breaches” - a key focus area under the Digital Personal Data Protection (DPDP) framework.We discuss the fundamentals of a data breach, what happens when a breach occurs, the legal and operational steps that must be taken, and how businesses can start preparing to respond effectively.Tune in for practical insights on navigating one of the most critical aspects of Indian data protection compliance.

What 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. 

As 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.

In 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.

In 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

The 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.

Pursuant 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.

In 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!!

Tune 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! 

Join 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.

In 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.

In the third episode of Economic Laws Practice (ELP)'s Podcast Series on Sanctions: UK, Michelle Linderman, Partner, International Trade team at Van Bael & Bellis along with Ambarish Sathianathan, Partner, International Trade & Customs Practice, will unravel the nuances of the UK sanctions regime, the extent of the UK sanctions' global reach, their implications for Indian businesses, and crucial steps these businesses should consider given the rapid evolution of these laws, particularly post-Brexit.

In the second episode of Economic Laws Practice (ELP)'s Podcast Series on Sanctions: EU, Isabelle Van Damme, Partner, International Trade Law Practice at Van Bael & Bellis along with Ambarish Sathianathan, Partner, International Trade & Customs Practice, ELP throw some light on the EU regulations concerning sanctions and the potential impact it would have on Indian businesses, and what steps should businesses take in light of this law, which is evolving rapidly.

Any borrowing or leverage by Alternative Investment Funds (AIFs) is highly regulated. In this episode of the ELP Funds series- Borrowing and Leverage, the speakers Vinod Joseph, Partner & Paridhi Jain, Associate, Economic Laws Practice (ELP) delves into the various legal issues involved in any borrowing or leverage by AIFs under SEBI’s AIF Regulations and the IFSCA’s Fund Management Regulations. 

In recent years, sanctions have taken center stage in international business, posing intricate challenges for companies worldwide. With Western nations increasingly using sanctions as a tool, navigating these waters has become critical. Non-compliance is no small matter – It can lead to severe legal and financial consequences, including hefty penalties and reputational harm. This reality underscores the importance for businesses to grasp the regulatory landscape across different jurisdictions and implement strong compliance strategies. As part of Economic Laws Practice (ELP)'s commitment to illuminating key issues in international trade, this podcast series offers insightful perspectives on the sanctions landscape.In the first episode of ELP's Podcast Series on Sanctions: US, Kay C. Georgi, Partner, International Trade & Investment Group at ArentFox Schiff along with Sanjay Notani, Senior Partner, International Trade & Customs Practice, ELP throw some light on the multifaceted landscape of US sanctions, their potential ramifications for Indian businesses, and the proactive steps businesses should consider taking to adapt to this ever-changing legal environment.

SEBI’s AIF Regulations and the IFSCA’s Fund Management Regulations require the investment manager to obtain the consent of investors in certain circumstances. In this episode of the Funds series, Vinod Joseph, Partner & Paridhi Jain, Associate, Economic Laws Practice (ELP) talks about the Investor's Consent and delves into the nuances of such consent and the various legal issues involved in obtaining such consent.

We are delighted to present to you the next episode of  ELP Podcast Series- Funds Series- The Term of a Fund In this episode, Vinod Joseph (Partner) and Paridhi Jain (Associate), Economic Laws Practice discuss the regulations regarding the term of close-ended funds and the SEBI and IFSCA rules governing an extension of such term. Please note that this podcast is intended solely for general informational purposes and should not be construed as legal advice.

We are happy to announce the launch of a new podcast series on Investment Funds and Fund Regulations. In this podcast series, Vinod Joseph (Partner) and Paridhi Jain (Associate) will explore the intricacies of Investment Funds and Fund Regulations.  In the first podcast, Vinod and Paridhi shed light on SEBI's and IFSCA’s classification of AIFs into distinct categories, offering valuable insights into the regulatory reasoning behind this categorization. While the IFSCA's fund categorization mirrors SEBI's to some extent, it is essential to recognize the significant differences between them. In this engaging podcast, we delve into these variations, assuming that our audience possesses a foundational understanding of Funds and Indian regulations governing them. Please note that this podcast is intended solely for general informational purposes and should not be construed as legal advice.

Amongst start-ups as well as other companies, the popularity of ESOPs as a mode of employee compensation has only been growing. Such transactions, when plainly seen, are mere issuance of share capital. However, the GST authorities have recently started scrutinizing potential GST applicability on the same where employees are granted shares of their employer’s listed group company as ESOPs.  In this episode of ELP Podcast Series, Harsh Shah (Partner) and Ruchita Shah (Associate Partner)  discuss the mechanics of typical ESOP transactions and analyze the same from a GST perspective, including the potential for and against arguments on taxability and safeguards that may be considered by the industry. 

On 27 July 2022, a three-judge bench of the Supreme Court in the case of Vijay Madanlal Choudhary vs Union Of India upheld the validity of various provisions of the Prevention of Money Laundering (PMLA) Act, 2002. The judgment is perceived to have given a judicial stamp to the wide powers that the Enforcement Directorate (ED) enjoys under the statute. In our latest podcast series, 'Implications of the PMLA Act: Post 2022 SC Ruling' Kumar Visalaksh (Partner), and Arihant Tater (Principal Associate) Economic Laws Practice, discuss the impact of the judgment as well as the developments post the ruling.

Before the internet took the spotlight in our lives, data was subject to geographical limitations. Currently, we live in an age of information where it is an accessible commodity. The industry was keenly awaiting the GOI’s stand on data protection.  The fourth iteration of India’s draft of data protection law was released on November 18, 2022. To encapsulate the nuances of the draft bill, our colleagues at ELP, Vinay Butani (Partner) and Naghm Ghei (Principal Associate) have put together a podcast series on ‘Key Takeaways: Digital Personal Data Protection Bill‘. Simple, and easy to understand in a Q&A format, our podcast discusses the legislative scope, data principles and the scope of consent. It also throws light upon the transferability of data outside India and penalties for non-compliance with the provisions of the bill.

“We are what we eat.” With food governing most aspects of our lives ( both happy and sad moments too!), the food industry is expected to grow annually by 8%.In our latest podcast Sweta Rajan, Partner, and Samyuktha Srinivasan, Senior Associate, Economic Laws Practice discuss several compliance issues which the food industry is grappling with. The episode titled “Food Processing and Food Supply Industry” delves into the criteria for registration, regulations for advertising and packaging, and the consequences of non-compliance.  They also discuss how the authorities are quite receptive and open to discussions with FBOs to address any concerns companies may have.  The panelists further discuss the efficacy of filing representations before the authorities.

We are happy  to share the next episode of the ELP Podcast Series. India’s intent to elevate arbitration as the preferred mode of dispute resolution is complemented with developing jurisprudence in the country. In the first episode of the “Arbitration 101” series, Abhileen Chaturvedi, Partner at Economic Laws Practice (ELP) reflects on the legislative landscape of the arbitration regime in India.  The session is moderated by his colleague, Ria Dalwani, Senior Associate at ELP. Please enjoy listening-in and we look forward to bringing to you our next episode on the scope of court intervention in arbitrations. 

In this episode of ELP’s Podcast Series, we welcome all to our international collaboration in the podcast space. This is a Joint Podcast hosted by Economic Laws Practice (ELP) in India and Gall Solicitors in Hong Kong. This podcast tries to cover some interesting issues in the dispute resolution space in both India and Hong Kong. GALL covers the enquiries revolving around the recovery of funds in case of a wire fraud while ELP covers the issue of summary judgements in India. Although the issues are diverse in concept, it would leave the listeners with interesting take-aways.Our speakers for this episode are Shailesh Poria, Partner at Economic Laws Practice (ELP) and Ashima Sood, Partner at GALL. The session was moderated by Kajal Aswani, Partner at GALL.

Stella Joseph, Partner and Yash K Desai, Senior Associate at Economic Laws Practice (ELP) have come up with a new episode in our Podcast series, titled ‘Blockchain Based Smart Contracts: Key Tech & Regulatory Aspects.’ While in the previous podcast, we had looked at the basic concepts of Non-Fungible Tokens (NFTs) and how they work, in this episode we will be discussing the concept and technology of Blockchain Based Smart Contracts, and after having understood the concept and technology behind such smart contracts, we will discuss some key legal and regulatory issues that one can associate with the concept of smart contracts.   

 While nowadays one keeps hearing about cryptocurrency, the concepts of non-fungible tokens and smart contracts have also become quite popular. But there remains a lot of ambiguity as regards what exactly are NFTs and Smart contracts, how do they actually work and how are they practically used and applied in the real world? Only once these fundamental questions are answered, can someone truly attempt to rationalize about the taxation and regulatory framework governing these technologies. Keeping this in mind, in this part of the podcast, we will delve on the technology behind Non-Fungible Token or what is commonly known as NFTs, which will help in contextually understand the recent taxation introduced by the Indian Government on Virtual Digital Assets, as also, the possible regulatory framework which one can imagine may apply to this technology in the future. In the second part of this podcast, we will use the same lens to examine the concept of Smart Contracts, the application of smart contracts and the potential complications that could arise when the existing legal framework is sought to be applied to this technology.

In this episode of the ELP Podcast series, we are going to understand the science behind the derivation of cryptocurrency. Since its creation, cryptocurrency, has seen astronomical growth over the world and in India. However, the phenomenon of cryptocurrency and the manner in which transactions relating thereto operate is particularly difficult to describe in familiar jargon, given the dynamic technology on which it functions. There have been talks about the central government intending to introduce the Cryptocurrency Regulation Bill. There is a lot of anticipation and speculation on the exact scheme of regulation that is required for cryptocurrency. Therefore, in today’s podcast, both Nishant and Yash will throw light on conceptual and fundamental aspects of the cryptocurrency itself. 

We are pleased to present Part 2 of ELP’s Podcast series on BIS.  While the 1st part of the BIS certification series covered some key issues and considerations prior to the mandatory enforcement of BIS standards on a product, the 2nd part of the series focuses on the scenario post mandatory BIS announcement. The podcast delves into the steps to be taken by the producers to fulfil BIS standards, the importance of non-disclosure requirements and cross-indemnity while deciding on AIR. The application process is discussed in detail with requisite forms and deadlines.   

The second episode of ELP’s Podcast Series simplifies the complex web of BIS Certifications in India for our listeners. Encompassing the areas of compliance, international trade and non-tariff barriers, BIS certifications are increasingly gaining relevance for domestic industry, traders and companies exporting to India. The podcast will discuss the simple steps for the companies to follow, the dos and don’ts and what pitfalls they should watch out for.  This podcast is part of a 2 part series on BIS. The 2nd episode will be released within a fortnight.  For more information please visit https://elplaw.in/

We welcome you to ELP’s Podcast Series. In our first edition of this series, ELP’s Nishant Shah and Sujjain Talwar discuss GST challenges within the hospitality sector. Set against the severe cash flow and financing crunch the hospitality industry is currently facing, ELP’s podcast has outlined some key tax optimization and exposure mitigating strategies and discusses issues such as anti-profiteering, composite & mixed supplies, online platform bookings and taxation of restaurants within hotels. For more information please visit https://elplaw.in/