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Bhavya B

Associate in Taxation Practice at the Delhi-NCR office of Cyril Amarchand Mangaldas. Bhavya can be reached at bhavya.b@cyrilshroff.com

When Shipped, Not Declared: The Bombay HC’s Decision On Foreign Exporter’s Customs Liability

Summary: The Customs Act assigns importers and exporters parallel duties that do not usually converge. Yet Indian authorities have started to rope foreign exporters into importers’ alleged violations in the wake of the Act’s extraterritorial reach. This approach treats the supply chain as a single unit of liability. The Hon’ble Bombay High Court’s (“HC”) ruling in the case of Karl Mayer[1] firmly rejects such approach. Unless there is evidence of complicity, the exporter’s responsibility ends when the goods are shipped. What changes, however, when the exporter controls the importer? This blog attempts to shed light on this controversy, among many others.

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When Tax Chases Talent Across Borders: Huawei and the GST dilemma on secondments

Summary: Tax authorities have long sought to levy GST on cross-border secondment arrangements by characterising them as “import of manpower supply services” under the reverse-charge mechanism. The Karnataka HC’s ruling in Huawei offers significant relief by holding that where expatriate employees are genuinely integrated into the Indian entity’s operations, the arrangement constitutes an employer–employee relationship excluded from the definition of “supply” under the CGST Act. Unlike NOS, where economic control over the employees never truly migrated to the Indian entity, Huawei demonstrates that substance must prevail over structure.

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The Sacred Fortress of Privilege: Navigating the Scope of Client-Attorney Privilege

Summary: Client-attorney privilege in India is facing a moment of renewed scrutiny. As investigative agencies increasingly enter the professional space of advocates, the boundaries of this privilege are being tested like never before. Courts are now tasked with distinguishing between protected and unlawful conduct, while statutory safeguards under the Bharatiya Sakshya Adhiniyam, 2023 attempt to preserve the integrity of legal representation. This blog examines how recent jurisprudence is shaping the future of client confidentiality, raising urgent questions about privacy, procedural fairness, and the limits of investigative authority.

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