Articles

CGST Rule 96(10) and its inadvertent consequences

CGST Rule 96(10) has seen conflicting interpretations, retrospective amendments and challenges. Deliberating on the interpretation of the word ‘person’ used in said rule, the article attempts to answer the question as to whether other registrations of a company, which availed benefit of Advance authorisaiton/EOU scheme in one registration, become ineligible to claim IGST refund on exports. The author discusses both propositions – multiple registrations, and multiple units in same registration.

Faceless Penalty Scheme, 2021

A legal tussle of music rights

The article discusses elaborately a recent decision of the Delhi High Court on the question as to whether the communication of a sound recording to the public also amounts to communication of the literary and musical works embodied in the sound recording to the public. It was also held that the 2012 amendment in Section 19(10) of the Copyright Act was not retrospective in nature.

Indian startups – A booming revolution

The article highlights the recently introduced Startup India Seed Fund Scheme for providing financial assistance to startups and the measures taken by the SEBI under the Innovators Growth Platform (‘IGP’) framework. A recent amendment in the Companies (Compromises, Arrangements and Amalgamations) Rules by the Ministry of Corporate Affairs, further simplifying the restructuring avenue for startups, also forms part of this article.

Retrospective imposition of anti-dumping duty in anti-circumvention investigations

The article discusses as to whether, in anti-circumvention investigation, the anti-dumping duty should be imposed retrospectively from the date of initiation of the such investigation or from the date of the final findings in the said investigation. Going through the recent decision of the Designated Authority the authors hold that though the Authority has rightly interpreted Rule 27 but, the soundness of the reason may come under challenge…

Design (Amendment) Rules

The Designs (Amendment) Rules 2021 (‘Amendment Rules’) have been published in the Gazette of India on 25 January 2021 by the Department for Promotion of Industry and Internal Trade (DPIIT). The Amendment Rules come into effect from said date and further amend the Design Rules, 2001 which has been previously amended vide the Designs (Amendment) Rules, 2014. The article discusses elaborately, certain key changes brought in by the Amendment Rules.

A multi-jurisdictional review of legislative trends in antitrust regulation of digital markets

Big-tech giants are under constant scrutiny by antitrust regulators globally. There is also consensus that the existing antitrust framework are not sufficient for addressing various competition and privacy challenges. As a result, different jurisdictions are working on amending their current laws to deal with the issues emanating from the practices of the giants of the digital markets. This article discusses the major legislative and policy developments being proposed in India, US, EU and UK.

Unhappy toy story – A classification conundrum under GST

The article intends to demystify the controversial issue relating to the classification of different kinds of toys under GST. It raises the question as to whether the toys like guns, skipping ropes, musical toys and the toys which fall under the scope of ‘other toys’ in the HSN explanatory note to Heading 9503, can be classified under Sl. No. 228 of Schedule II (12% GST) to Notification No. 1/2017-Central Tax (Rate).

Patent application disposal – Quantity at the cost of quality?

The article discusses at length the recent decision of the IPAB in the case of Wisig Networks Private Limited v. Controller. Observing that the case was a victim of hurried disposal of the patent applications, the IPAB held that although certain degree of check on quantitative performance of the officers at the IPO is essential, but the qualitative performance of the officers cannot be ignored. Highlighting the importance of a reasoned order, the author is also of the view that…

Dividend payments to non-residents: DTAA relief on the horizon?

The article discusses at length the recent decision of the ITAT Delhi in the case of Giesecke & Devrient [India] Pvt Ltd. v. Addl. CIT. The decision provides a major relief to the taxpayers on the rate of tax applicable on dividends paid by an Indian company to its overseas parent. The ITAT has held that tax rates specified in the DTAA in respect of dividend must prevail over the rate provided under Section 115-O of the Income Tax Act, 1961 for Dividend Distribution Tax.

Policy changes to the Corporate Social Responsibility mandate

The introduction of Companies (Amendment) Act, 2020 is the second attempt to decriminalize various offences, the first one being the Companies (Amendment) Act, 2019. The article discusses at length the various amendments made by the Companies (Amendment) Act, 2020 related to the Corporate Social Responsibility (‘CSR’) mandate, and their implications. It analyses issues like carry forward of excess spend, penalty for non-compliance and new thresholds for formation of CSR Committee.

One step forward

The final findings issued by the DGTR are purely recommendatory in nature and come into force only after acceptance thereof and issuance of gazette notification imposing the levy within three months from the date of publication of the final findings in the gazette by the DGTR. The recent cases show that the MOF has been playing a more active role in exercising its discretion in deciding whether to impose anti-dumping duty.