Advertise on podcast: 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.