# LKS Attorneys: full published insight index
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## Articles (1126)

SEBI approves proposal to amend Regulation 25 to offer its protection to investors in all types of AIFs · 2026-10-14 · Securities Law · https://www.lkslaw.com/insights/articles/sebi-approves-proposal-to-amend-regulation-25-to-offer-its-protection-to-investors-in-all-types-of-aifs · By Vinod Joseph, Paridhi Jain · The article discusses the SEBI amendment in (Alternative Investment Funds) Regulations, 2012 to extend the protection currently available only to investors of alternative investment funds (‘AIF’) set up as a trust, to investors of all forms of AIFs.
IFSCA issues framework for grant of differential distribution rights to investors · 2026-10-13 · Securities Law · https://www.lkslaw.com/insights/articles/ifsca-issues-framework-for-grant-of-differential-distribution-rights-to-investors · By Vinod Joseph, Akhil Ganatra · The International Financial Services Centres Authority (Fund Management) Regulations, 2025 were recently amended by inserting Regulation 23(5) and Regulation 35(6) to enable Venture Capital Schemes and Restricted Schemes to grant differential distribution rights to investors. The article discusses a recent Circular dated 25 September 2026 issued by the IFSCA, setting out a framework for the grant of differential distribution rights to investors and issuance of senior and junior or subordinate units.
SEBI’s Board approves changes to the regulatory framework for accredited investors · 2026-10-13 · Securities Law · https://www.lkslaw.com/insights/articles/sebi-s-board-approves-changes-to-the-regulatory-framework-for-accredited-investors · By Vinod Joseph, Zaynali Badami , Janhavi Shandilya · The article discusses key changes approved for accredited investors by the SEBI Board in its recent meeting held on 24 September 2026.
Geopolitical Hedging and its impact on FDI · 2026-10-12 · General Corporate · https://www.lkslaw.com/insights/articles/geopolitical-hedging-and-its-impact-on-fdi · By Vishakha Singh , Mathanki N · The article discusses geopolitical hedging and its impact, where the phrase refers to an approach wherein countries and companies diversify their risk exposure and reduce their dependence on one geographical area, supply chain, market, or technology ecosystem.
Section 9D of MMDR Act: Recent amendment which reopens the tussle over taxation of minerals · 2026-10-12 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/articles/section-9d-of-mmdr-act-recent-amendment-which-reopens-the-tussle-over-taxation-of-minerals · By Kunal Kapoor · The article discusses the key changes introduced in the recent amendment to Section 9D of the Mines and Minerals (Development and Regulation) Act. which provides certainty, price parity, and uniform taxation across the country. It also discusses the background of the said amendment, which necessitated this amendment.
SEBI’s new Common Advertisement Code – Implications for Regulated Entities · 2026-10-09 · Securities Law · https://www.lkslaw.com/insights/articles/sebi-s-new-common-advertisement-code-implications-for-regulated-entities · By Vinod Joseph, Zaynali Badami · The article discusses the applicable regulations for advertising by AIFs, managers of AIFs, portfolio managers, mutual funds, asset management companies, investment advisers and research analysts in light of Common Advertisement Code (CAC).
Benchmarking in countervailing duty investigations: An analysis between the Indian and the EU approach · 2026-10-08 · International Trade and WTO · https://www.lkslaw.com/insights/articles/benchmarking-in-countervailing-duty-investigations-an-analysis-between-the-indian-and-the-eu-approach · By Pareesha Gupta, Ekta Agarwal · The article discusses how the Indian and EU authorities approach benchmarking in practice and analyses whether their methodologies reflect a common application of WTO principles or distinct investigative philosophies.
Section 22-A and prohibited properties in Telangana: Evolution of the legal framework · 2026-10-07 · Commercial Litigation · https://www.lkslaw.com/insights/articles/section-22-a-and-prohibited-properties-in-telangana-evolution-of-the-legal-framework · By Dinesh Babu Eedi, Kumar Panda · The article discusses Section 22-A of the Registration Act in Telangana, which relates to the prohibition on registering certain immovable properties on account of being listed as prohibited. A similar section is also in force in other states like Andhra Pradesh and Tamil Nadu
India-EU Free Trade Agreement: Key features and things to note · 2026-10-05 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-eu-free-trade-agreement-key-features-and-things-to-note · By Srinidhi Ganeshan, Bharath Menon · The article discusses and provides a broad overview of the recently released text of the India-EU Free Trade Agreement (FTA), setting out the intricacies of the deal, albeit with a rider saying the text might undergo further revisions before it comes into force.
IFSCA Proposes Changes to the Framework for Secondary Listing of ETFs in IFSC · 2026-09-30 · General Corporate · https://www.lkslaw.com/insights/articles/ifsca-proposes-changes-to-the-framework-for-secondary-listing-of-etfs-in-ifsc · By Vinod Joseph, Akhil Ganatra
India-New Zealand Free Trade Agreement: Key things to note · 2026-09-30 · Customs · https://www.lkslaw.com/insights/articles/india-new-zealand-free-trade-agreement-key-things-to-note · By Srinidhi Ganeshan, Bharath Menon · The India-New Zealand Free Trade Agreement (‘India-NZ FTA’), ratified by both countries on 21 September 2026, marks a significant milestone in bilateral economic relations between the two countries. As the agreement is set to come into force on 20 October 2026. The article discusses various aspects of trade in goods as well as services.
Navigating the SEZ exit: Real-world hurdles and hidden tax traps for transitioning units · 2026-09-30 · Customs · https://www.lkslaw.com/insights/articles/navigating-the-sez-exit-real-world-hurdles-and-hidden-tax-traps-for-transitioning-units · By Ratan Jain, Shambhavi Mishra · The article highlights the legal, tax and administrative challenges faced by operational SEZ units transitioning into Domestic Tariff Area units. Key issues include uncertainty during the approval period, inconsistent inventory valuation dates, excessive duties on domestic assets, and full-value taxation of raw materials. Businesses may also face unrecoverable reversals of pre-GST VAT and excise benefits, demands for historical service tax exemptions, and GST registration blocks at the same premises.
RBI Trade Regulations 2026: Key Reforms in Payment Timelines, Realisation & Reporting · 2026-09-23 · General Corporate · https://www.lkslaw.com/insights/articles/rbi-trade-regulations-2026-key-reforms-in-payment-timelines-realisation-reporting · By Asish Philip Abraham, Pratyush Jain, Shreyasi Chakraborty  · Cross-border trade plays a vital role in boosting a country’s economic growth. With accelerated globalization, we have observed India emerging as one of the major players in the global supply chain. In the past decade, there has been a substantial rise in cross-border transactions; both in terms of volume and value and this rise has revealed various statutory hurdles in the extant applicable laws governing cross-border trade.
IFSCA mandates FMEs to maintain a website or webpage · 2026-09-21 · General Corporate · https://www.lkslaw.com/insights/articles/ifsca-mandates-fmes-to-maintain-a-website-or-webpage · By Vinod Joseph · The article discusses the recent circular which is issued by International Finance Services Centres Authority (‘IFSCA’) for imposing an obligation on Authorised FMEs, registered FMEs (Non-Retail) and Registered FMEs (Retail) to maintain a website or a webpage dedicated to their fund management activities in the IFSC.
From Linklaters to Paul Wurth: The changing contours of the force of attraction rule in tax treaties · 2026-09-21 · Direct Tax · https://www.lkslaw.com/insights/articles/from-linklaters-to-paul-wurth-the-changing-contours-of-the-force-of-attraction-rule-in-tax-treaties · By Giridhar Vasudevan, Rishabh Bhatia, Khushi Manchanda · The article discusses the conceptual foundations of the force of attraction rule, traces its judicial evolution in India, and evaluates the relevance of the doctrine in an era increasingly shaped by source-based taxation and digital nexus rules.
EPF Scheme, 2026 and International Workers: New framework – Old questions · 2026-09-18 · Employment Law · https://www.lkslaw.com/insights/articles/epf-scheme-2026-and-international-workers-new-framework-old-questions · By Asish Philip Abraham, Astha Sinha, Priyanshi Rachchh · The notification of the Employees' Provident Funds Scheme, 2026 (‘2026 Scheme’) with effect from 1 July 2026, was anticipated to settle and provide clarity on the regulatory framework governing international workers under the Code on Social Security, 2020. However, it has done the opposite in one respect. The 2026 Scheme retains a dedicated framework for international workers and carries forward the substance of the erstwhile Paragraph 83 of the EPF Scheme, 1952 (‘1952 Scheme’) and Paragraph 43A of the EPS, 1995.
The Situs: The ever-expanding territorial jurisdiction of internet infringements · 2026-09-17 · IP Litigation · https://www.lkslaw.com/insights/articles/the-situs-the-ever-expanding-territorial-jurisdiction-of-internet-infringements · By L. Badri Narayanan
From public/user interest to economic modelling: Insights from the UK’s e-bike trade remedy review · 2026-09-14 · International Trade and WTO · https://www.lkslaw.com/insights/articles/from-public-user-interest-to-economic-modelling-insights-from-the-uk-s-e-bike-trade-remedy-review · By Arpit Mehra, Shivani Gothwal · The article discusses the United Kingdom’s transition review of anti-dumping and countervailing duty measures on electric bicycles from China, where the UK Trade Remedies Authority concluded that continuation of measures on all e-bikes failed the Economic Interest Test. The article examines how the TRA collected and used economic information, how partial-equilibrium modelling was applied to assess different outcomes, and how the TRA’s economic assessment operated alongside the Secretary of State’s decision-making power. It also considers what this approach may offer for the examination of economic interest in Indian trade remedy investigations. According to the authors, it is important for Indian authorities to integrate a more nuanced public or user interest assessment into their final findings, particularly in sectors critical for the economy.
Aligning Exempt PF Trust Rules with the New Labour Codes and EPF Scheme, 2026: Need of the hour · 2026-09-11 · Employment Law · https://www.lkslaw.com/insights/articles/aligning-exempt-pf-trust-rules-with-the-new-labour-codes-and-epf-scheme-2026-need-of-the-hour · By Asish Philip Abraham, Astha Sinha, Muskan Khandelwal · The article discusses the changes relevant to exempt PF trusts and the steps that employers and trustees should consider adopting to align their PF trust deed and rules, governance arrangements and administrative processes with the EPF Scheme.
Provident Fund Scheme 2026: Effective Date, Employee Contribution Choices and Practical Implications for Employers · 2026-09-11 · Employment Law · https://www.lkslaw.com/insights/articles/provident-fund-scheme-2026-effective-date-employee-contribution-choices-and-practical-implications-for-employers · By Asish Philip Abraham, Astha Sinha, Rishita Sethi · The article discusses the new Provident Fund Scheme, 2026, including its effective date, the transition period, statutory minimum versus voluntary higher contributions, voluntary contributions under the 2026 Scheme, and what are the practical implications for employers.
DPDP Act and AI: What it means for Global Tech Companies · 2026-09-08 · General Corporate · https://www.lkslaw.com/insights/articles/dpdp-act-and-ai-what-it-means-for-global-tech-companies · By Paritosh Chauhan, Rohan Verma · India's Digital Personal Data Protection Act, 2023 (‘DPDP Act’) is now fully operational - the DPDP Rules, 2025 were notified on 13 November 2025 and the substantive obligations become fully enforceable on 13 May 2027.
Structuring for success: Regulatory and Tax considerations in Indian M&A · 2026-09-01 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/structuring-for-success-regulatory-and-tax-considerations-in-indian-m-a · By Gaurav Dayal, Sushrut Biswal, Saurabh Raman · This article discusses the key regulatory developments, then the principal structuring, diligence and sequencing issues, before turning to tax considerations that should be addressed before a structure is locked in.
Navigating PE exits from India: Regulatory hurdles, structural optimisation and deal certainty · 2026-09-01 · General Corporate · https://www.lkslaw.com/insights/articles/navigating-pe-exits-from-india-regulatory-hurdles-structural-optimisation-and-deal-certainty · By Gaurav Dayal, Sushrut Biswal, Saurabh Raman · This article examines the evolving exit landscape for PE investors in India, the key regulatory and structural issues that should be addressed well before an exit process is launched, and the practical considerations that can affect deal certainty across the principal exit routes available to investors.
GCC operational playbook: Mitigating regulatory and compliance risks in India · 2026-09-01 · Global Capability Centers · https://www.lkslaw.com/insights/articles/gcc-operational-playbook-mitigating-regulatory-and-compliance-risks-in-india · By Paritosh Chauhan, Snigdha Ghosh · The article discusses the regulatory and compliance risks faced by Global Capability Centers (GCCs) and emphasizes the importance of embedding governance, compliance, and risk management into their operating model from the outset.
Pre-Investment Business Plan: How GCCs are shaping the Indian startup ecosystem · 2026-09-01 · Global Capability Centers · https://www.lkslaw.com/insights/articles/pre-investment-business-plan-how-gccs-are-shaping-the-indian-startup-ecosystem · By Paritosh Chauhan · The article discusses the role of GCCs as an indirect investment channel into the innovation ecosystem. Observing that GCCs have become strategic innovation hubs that identify, engage, validate, and scale emerging technologies developed by Indian startups before a formal investment relationship is established, the author discusses the Key legal and regulatory considerations. has context menu
Setting up a GCC in India: Managing employment and IPR risks · 2026-09-01 · Employment Law · https://www.lkslaw.com/insights/articles/setting-up-a-gcc-in-india-managing-employment-and-ipr-risks · By Paritosh Chauhan, Shylla Sawhney · The article discusses the principal legal and practical considerations that foreign stakeholders should keep in mind when establishing or scaling a GCC in India.
New Tax Exemption Regime: Strengthening India's Electronics Manufacturing Ecosystem · 2026-08-31 · Direct Tax · https://www.lkslaw.com/insights/articles/new-tax-exemption-regime-strengthening-india-s-electronics-manufacturing-ecosystem · By S. Vasudevan, Prachi Bhardwaj, Prakhar Pandey · The article discusses the facilitation of foreign participation in India’s manufacturing and digital infrastructure sectors under TOLA. It examines the recent amendments introduced to provide greater clarity and operational flexibility in the implementation of the framework. It also covers the exemption granted to foreign companies engaged in electronics manufacturing, as well as the new exemption for the warehousing of electronic components by foreign companies.
Minor variations, major consequences: Bombay High Court on pharmaceutical trademark infringement and trade-dress copying · 2026-08-31 · IP Litigation · https://www.lkslaw.com/insights/articles/minor-variations-major-consequences-bombay-high-court-on-pharmaceutical-trademark-infringement-and-trade-dress-copying · By Khushi Lokwani, Pallaash Shankhdhar · The article discusses the Bombay High Court’s decision in Blue Cross Laboratories Pvt. Ltd. v. Alto Healthcare Pvt. Ltd., where the Court held that the mark ‘MEFIAL-SPAS’ infringed Blue Cross’s registered pharmaceutical mark ‘MEFTAL-SPAS’. It emphasized that even minor spelling changes can cause deceptive similarity in pharmaceutical products, where confusion may affect public health. The Court also found infringement of copyright and trade dress due to imitation of packaging, colour scheme, and artwork. According to the authors, commercial courts are becoming increasingly ready to make a considerable effort to punish those infringers who act deliberately, fraudulently, and opportunistically.
Liberalisation of FDI in the e-commerce sector · 2026-08-25 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/liberalisation-of-fdi-in-the-e-commerce-sector · By Isana Laisram · In a significant liberalisation for FDI in the e-commerce sector, it now appears that the Government intends to lift the prohibition on inventory-based model of e-commerce for the exclusive purpose of boosting exports by domestic manufacturers and MSMEs, in line with the objectives of the Foreign Trade Policy 2023.
Cancellation risk for GPU-based NPOs diluted: A shift under the Income-tax Act, 2025 · 2026-08-24 · Direct Tax · https://www.lkslaw.com/insights/articles/cancellation-risk-for-gpu-based-npos-diluted-a-shift-under-the-income-tax-act-2025 · By Ravi Sawana, Neha Sharma · The article examines how the amendment by the Finance Act, 2026 in the Income-tax Act, 2025 changes the consequences for not-for-profit organisations (‘NPOs’) pursuing general public utility objects. The 2026 amendment removes many breaches from the ‘specified violations’, thus reducing the risk of cancellation. The authors however note that non-compliance may still lead to denial of exemption, taxation of commercial income, and scrutiny of charitable purpose. According to them, the change offers operational flexibility while preserving discipline governing NPOs.
Trade remedies – Examining the growing trend of non-imposition by the Ministry of Finance · 2026-08-19 · International Trade and WTO · https://www.lkslaw.com/insights/articles/trade-remedies-examining-the-growing-trend-of-non-imposition-by-the-ministry-of-finance · By Pareesha Gupta, Shobhit Chaudhary · India’s trade-remedy regime is seeing a marked shift. Affirmative recommendations by the DGTR are increasingly not resulting in duty notifications by the Ministry of Finance. While DGTR findings historically led almost invariably to anti-dumping or countervailing duties, recent data, particularly for late 2025 to mid-2026, shows a sharp rise in non-imposition of duty despite findings of dumping, injury and causal link. The article examines the legal basis for Finance Ministry’s discretion, the lack of publicly articulated reasons in several cases, and the resulting uncertainty for the domestic industry. It argues for greater transparency, institutional clarity and a predictable framework to preserve confidence in India’s trade-remedy system.
How is India building a compliance carbon market without a supporting tax architecture · 2026-08-17 · Direct Tax · https://www.lkslaw.com/insights/articles/how-is-india-building-a-compliance-carbon-market-without-a-supporting-tax-architecture · By S. Vasudevan, Prathiba Karthikeyan · India legislated the Indian carbon market through the Energy Conservation (Amendment) Act, 2022 and re-legislated its entire Income-Tax Code in 2025 but forgot to connect the two. If India wants CCC prices to drive decarbonization and the carbon market to be successful, the tax cost of a tonne of carbon cannot itself be a matter of litigation.
Signing is not always issuance: Examining the limitation requirement under GST · 2026-08-17 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/articles/signing-is-not-always-issuance-examining-the-limitation-requirement-under-gst · By Kunal Kapoor, Sameer Sharma · The article discusses the limitation requirement under GST, wherein Sections 73 and 74 of the CGST Act 2017 prescribe the time limits within which the adjudicating authority is required to pass the order.
GCCs in India: Tax Questions MNCs Should Not Overlook · 2026-08-13 · Global Capability Centers · https://www.lkslaw.com/insights/articles/gccs-in-india-tax-questions-mncs-should-not-overlook · By Harshit Khurana · The article discusses the tax-related issues concerning Permanent Establishment (PE) and transfer pricing for Global Capability Centers (GCCs) in India that multinational corporations (MNCs) should be aware of.
Transition Facilitation (Quality Control) Order, 2026: A new route to BIS compliance · 2026-08-12 · BIS · https://www.lkslaw.com/insights/articles/transition-facilitation-quality-control-order-2026-a-new-route-to-bis-compliance · By Ankur Sharma, Nikita Chauhan · To provide some flexibility to manufacturers and develop strong manufacturing ecosystems in India at the same time, the Department for Promotion of Industry and Internal Trade (‘DPIIT’) issued the Transition Facilitation (Quality Control) Order 2026 (‘Transition QCO’) on 25 June 2025.
Widening the gate of Indian Economy: Key changes under the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026 · 2026-08-04 · General Corporate · https://www.lkslaw.com/insights/articles/widening-the-gate-of-indian-economy-key-changes-under-the-foreign-exchange-management-non-debt-instruments-third-amendme · By Aman Gupta · The Ministry of Finance (Department of Economic Affairs) on 12 June 2026, notified the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026 (‘Amendment Rules’), amending the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (‘NDI Rules’). The Amendment Rules constitute the third amendment in the FEMA liberalisation cycle for the year 2026, following the first and second amendments, which respectively relaxed restrictions on investments from countries sharing a land border with India and liberalised foreign investment in the insurance sector opening the sector up till 100% under automatic route. The third amendment is yet another attempt to widen the gate for the Indian economy. For years, access to India's listed securities market was reserved specially for a defined class amongst which are foreign portfolio investors (FPIs) and non-resident Indians (NRIs) and overseas citizens of India (OCIs), this time the liberalisation is into the Indian capital markets.
Cross-border secondments and the quest for the true employer · 2026-07-17 · Direct Tax · https://www.lkslaw.com/insights/articles/cross-border-secondments-and-the-quest-for-the-true-employer · By Prachi Bhardwaj, Loveena Manaktala, Siddharth Chowdhry · Secondment arrangement is the most debated topic from taxation standpoint. For years, Indian courts and tribunals have grappled with the tax implications of cross-border employee secondments, pivoting continuously on whether the reimbursement of salary costs represents a taxable technical service or a mere fiscal pass-through
EU’s 2026 Steel TRQ Regulation: From temporary safeguards to permanent industrial policy? · 2026-07-09 · International Trade and WTO · https://www.lkslaw.com/insights/articles/eu-s-2026-steel-trq-regulation-from-temporary-safeguards-to-permanent-industrial-policy · The 2026 Steel import Regulation of the European Union (EU) (‘2026 Regulation’),[1] which came into force on 1 July 2026, is not simply a continuation of earlier Steel Safeguard measures[2] applicable since 2018, but it indicates a decisive shift in the EU’s approach to regulate its steel imports in the coming years. With lowering of tariff-rate quotas (TRQs), higher out-of-quota duties and proposal for stricter origin requirements, the 2026 Regulation goes beyond the WTO’s temporary safeguard regime to a more permanent industrial policy governing steel imports into the EU. In particular, the 2026 Regulation reduces the EU's tariff-free steel quota by ~47%, doubles the out-of-quota duty from 25% to 50%, and introduces a new ‘melt and pour’ traceability requirement.
CDSCO’s market interventions and the new compliance framework for pharma and cosmetic operations · 2026-07-06 · Customs · https://www.lkslaw.com/insights/articles/cdsco-s-market-interventions-and-the-new-compliance-framework-for-pharma-and-cosmetic-operations · This article discusses the key developments driving this shift and their practical implications for industry participants.
Contractual claims for profit: Liability, causation and quantification · 2026-07-06 · Commercial Litigation · https://www.lkslaw.com/insights/articles/contractual-claims-for-profit-liability-causation-and-quantification · The article discusses how contracts can identify and appropriately provision for losses.
Jurisdiction of Principal Bench of GST Appellate Tribunal: Statutory framework and early judicial signals · 2026-06-30 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/articles/jurisdiction-of-principal-bench-of-gst-appellate-tribunal-statutory-framework-and-early-judicial-signals · By Shreyash Agrawal, Karan Nankani · Various State Benches of the Goods and Services Tax Appellate Tribunal (‘GSTAT’) have recently become operational, and questions relating to jurisdiction between the Principal Bench and the State Benches have begun to arise in practice. While Section 109 of the CGST Act specifies certain categories of cases to be dealt with exclusively by the Principal Bench, early orders of the Principal Bench indicate that jurisdictional issues are not always straightforward.
Understanding SHANTI Act, 2025 – Analysis for patent applicants · 2026-06-25 · Intellectual Property · https://www.lkslaw.com/insights/articles/understanding-shanti-act-2025-analysis-for-patent-applicants · By Malathi Lakshmikumaran, Supriya Ramacha  · With the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025[1] (‘SHANTI Act’) having come into effect on 21 December 2025, India has, to some extent, opened the gates to patenting of innovation in the nuclear energy sector. The SHANTI Act repeals the Atomic Energy Act of 1962 (‘AEA’). This change in nuclear energy governance framework supports India’s long-term objective of achieving nuclear energy capacity of 100 gigawatt by 2047, which at present stands at 8.78 gigawatts[2].
Balancing equity and exclusivity: Supreme Court reinforces trade dress protection · 2026-06-23 · Intellectual Property · https://www.lkslaw.com/insights/articles/balancing-equity-and-exclusivity-supreme-court-reinforces-trade-dress-protection · By Divya Vishvapriya · The judgment delivered by the Hon’ble Supreme Court of India on 27 May 2026, in Amara Raja Energy and Mobility Limited v. Exide Industries Limited[1] stands as a defining precedent in the field of trade dress protection. This dispute arose in the Calcutta High Court, where the Single Judge as well as the Division Bench granted Exide an interim injunction, holding that its long-standing use of a distinctive combination of colours and design elements had acquired secondary meaning and was protectable as trade dress.
A grain of confusion: ‘Smart’ copying and trade dress passing off · 2026-06-23 · Intellectual Property · https://www.lkslaw.com/insights/articles/a-grain-of-confusion-smart-copying-and-trade-dress-passing-off · By Kriti Sood · In the evolving landscape of modern commerce where visual appeal often dictates consumer choice, the significance of packaging has transcended its conventional role as a mere container of goods. In the realm of Intellectual Property Law, trade dress today functions as a silent yet powerful source identifier, one that shapes consumer perception, builds brand loyalty, and distinguishes products in crowded marketplaces.
Greenwashing: Penal cost hidden in ‘organic’ marketing material · 2026-06-22 · Regulatory · https://www.lkslaw.com/insights/articles/greenwashing-penal-cost-hidden-in-organic-marketing-material · By Prathiba Karthikeyan · n today’s world, the terms ‘organic’, ‘natural’, ‘eco-friendly’ and their friends are tossed around like they are the new currency, the buzzwords that uplift the market value, the leverage to bypass the regular route or the attribute that stands out. Looks like it is lost on us that these should not be the outlier attributes but the normal, the regular, the way things are supposed to be.
Why disclosure is no longer enough: Sanand Properties ruling reshapes reassessment and income characterization · 2026-06-17 · Direct Tax · https://www.lkslaw.com/insights/articles/why-disclosure-is-no-longer-enough-sanand-properties-ruling-reshapes-reassessment-and-income-characterization · By S. Vasudevan, Venkat Ramanan, Krishna Laasya V.  · The Hon’ble Supreme Court’s decision in Sanand Properties Pvt. Ltd. v. JCIT revisits two recurring fault lines in tax litigation—when an assessment can be reopened and how income must be characterized when commercial arrangements blur taxation principles. In doing so, the Court clarifies that the true test for reassessment is not whether basic facts/ underlying documents were merely disclosed, but whether their true implication was made known to the assessing authority
Maintainability of bilateral safeguards beyond the transition period: Insights from India-Korea CEPA · 2026-06-09 · International Trade and WTO · https://www.lkslaw.com/insights/articles/maintainability-of-bilateral-safeguards-beyond-the-transition-period-insights-from-india-korea-cepa · By Pareesha Gupta, Shobhit Chaudhary · In today’s world with WTO mechanism and multilateralism under severe strain, countries are increasingly looking for bilateral and regional partnerships to enhance the market access for their products and services. In this quest, countries are entering into free trade agreements (‘FTAs’ or ‘agreements’), under which they grant duty concessions, often reducing tariffs to zero from their FTA partner countries.
Recalibrating Intermediary Liability: India’s Draft Second Amendment to the IT Rules, 2026 · 2026-06-09 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/recalibrating-intermediary-liability-india-s-draft-second-amendment-to-the-it-rules-2026 · By Data Privacy and TMT Team  · The article discusses the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026, which is a step towards regulating digital intermediaries. According to the Team, the amendments propose a clear shift toward tighter, more centralized regulation of digital intermediaries, significantly raising compliance expectations and legal risk.
TCS under Section 52 of CGST Act, 2017 – A toothless provision? · 2026-06-08 · GST Consultancy · https://www.lkslaw.com/insights/articles/tcs-under-section-52-of-cgst-act-2017-a-toothless-provision · By Rajesh Ostwal, Hanisha Jatania · The effectiveness of any statutory obligation to collect an amount, hinges entirely on the existence of express recovery provision in the case of default.
Status of ESI Compliance under the Code on Social Security, 2020: An analytical Review · 2026-06-08 · Employment Law · https://www.lkslaw.com/insights/articles/status-of-esi-compliance-under-the-code-on-social-security-2020-an-analytical-review · By Asish Philip Abraham, Astha Sinha, Rishita Sethi, Muskan Khandelwal · India is in the middle of a significant overhaul of its labour laws and at the heart of it is the Code on Social Security, 2020 (‘SS Code’) prescribing for statutory compliances for the welfare of employees.
Trading boundaries in the Indian carbon market · 2026-06-07 · Regulatory · https://www.lkslaw.com/insights/articles/trading-boundaries-in-the-indian-carbon-market · By Prathiba Karthikeyan, Jass Bindra · The Indian Carbon Market operates under the Carbon Credit Trading Scheme (‘CCTS’), implementing a market‑based carbon pricing mechanism to drive emission reduction. This market-based greenhouse gas emission (‘GHGE’) reduction framework is bifurcated into the offset market and compliance market.
Risk allocation in commercial contracts · 2026-06-03 · Commercial Litigation · https://www.lkslaw.com/insights/articles/risk-allocation-in-commercial-contracts · By Raghavan Ramabadran, Krithika Jaganathan, Nirupama Shankar · This article examines popular mechanisms for contractually allocating and limiting risks to the benefit of all parties: clauses for events of force majeure and change-in-law to provision for uncertain contingencies; and clauses for liquidated damages and limitation of liability to calibrate financial exposure.
Recent Transfer Pricing amendments – Expanding applicability? · 2026-05-25 · Transfer Pricing · https://www.lkslaw.com/insights/articles/recent-transfer-pricing-amendments-expanding-applicability · By Harshit Khurana, S. Vasudevan · Historically, the transfer pricing (‘TP’) regime under Indian tax law has been shaped as much by judicial interpretation as by legislation. Over the years, courts and tribunals played a pivotal role in narrowing the scope of TP applicability by insisting on substantive tests of ownership, control, and demonstrable profit impact. The Income-tax Act, 2025 (‘New Act’), however, marks a conscious departure from this approach.
Interplay between Sections 24 and 26 of the Benami Act: Scope of expansion of reference · 2026-05-20 · Economic Offences · https://www.lkslaw.com/insights/articles/interplay-between-sections-24-and-26-of-the-benami-act-scope-of-expansion-of-reference · By Tanmay Bhatnagar, Shivam Gupta, Aman Malhotra · This article examines the statutory framework governing such powers and analyses the extent to which the reference before the AA can be altered without violating the jurisdictional architecture embedded under the Benami Act.
DPDP Act and Rules: A ticking compliance timeline · 2026-05-12 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/dpdp-act-and-rules-a-ticking-compliance-timeline · By Prashant Phillips, Sameer Avasarala  · The Digital Personal Data Protection Act, 2023 (‘DPDPA’) and the Digital Personal Data Protection Rules, 2025 (‘Rules’) have been published in the Gazette in November 2025. The final implementation of the rules is slated to commence in November 2026 (in respect of the Consent Manager provisions) and May 2027 (in respect of all other provisions of the law) with certain media reports anticipating a reduction of the said timeline to November 2026.
India’s solar sector at crossroads of trade remedy actions by USA · 2026-05-06 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-s-solar-sector-at-crossroads-of-trade-remedy-actions-by-usa · By Arpit Mehra, Yash Singh · This article aims to analyze how the USDOC reached these outcomes, with focus on adverse-facts-available (‘AFA’), critical circumstances, and the emerging issue of transnational subsidies linked to Chinese-origin inputs.
No Data, No Deal? The DPDP Act’s impact on Indian M&A · 2026-05-04 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/no-data-no-deal-the-dpdp-act-s-impact-on-indian-m-and-a · By Srabonee Roy, Vishakha Singh, Atrijo Banerjee , Mathanki N. · The Digital Personal Data Protection Act, 2023 (‘DPDP Act’) has altered how mergers and acquisitions are evaluated in India. What was once a routine ‘IT diligence’ item has now become a central driver of deal risk, valuation, and even deal viability in some cases.
Conundrum of Taxability of FTS: Services rendered in India · 2026-04-28 · Direct Tax · https://www.lkslaw.com/insights/articles/conundrum-of-taxability-of-fts-services-rendered-in-india · By Ravi Sawana, Dinesh Kukreja, Priyanshi Chokshi · This article examines the domestic law history, India’s own treaty practice, and international jurisprudence on the subject.
SPACs explained: India’s regulatory position and future outlook · 2026-04-21 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/spa-cs-explained-india-s-regulatory-position-and-future-outlook · By Aditya Kumar · Unlike traditional IPOs, SPACs offer a faster and more flexible route to public markets, enabling private companies to negotiate valuation and transaction terms directly with the sponsor rather than relying solely on market driven price discovery.
Key amendments to the Companies (Incorporation) Rules, 2014: Reduction of compliance burden · 2026-04-20 · General Corporate · https://www.lkslaw.com/insights/articles/key-amendments-to-the-companies-incorporation-rules-2014-reduction-of-compliance-burden · By Akshat Mishra · The Ministry of Corporate Affairs has proposed amendments to the Companies (Incorporation) Rules, 2014 through a public notice dated 8 April 2026, inviting public comments on the draft Companies (Incorporation) Amendment Rules, 2026.
'Pisco' and Geographical Indications – A recent judicial determination · 2026-04-19 · Intellectual Property · https://www.lkslaw.com/insights/articles/pisco-and-geographical-indications-a-recent-judicial-determination · By Chhavi Dhawan · The South American Nation of Peru, through its Embassy in New Delhi, filed an application under Section 11 of the Geographical Indication of Goods (Registration and Protection) Act, 1992 (‘Act’), seeking registration of the Geographical Indication (‘GI’) PISCO for an alcoholic beverage manufactured in Peru. The Asociacion De Productores De Pisco A.G. (‘ADP’) filed an opposition against Peru’s application.
Close enough to misrepresent, but not enough to infringe? · 2026-04-19 · Intellectual Property · https://www.lkslaw.com/insights/articles/close-enough-to-misrepresent-but-not-enough-to-infringe · By Divya Vishvapriya · The recent decision of the Madras High Court in the case of Sangeetha Caterers and Consultants LLP v. Rasnam Foods Pvt Ltd and Ors. represents a watershed moment in Indian intellectual property jurisprudence with respect to the interplay between infringement and passing off in trademark law. Referring to the Trade Marks Act, 1999 and the Commercial Courts Act, 2015, the case provides a nuanced exploration of the intersection between franchise contracts, statutory trademark rights, and the common law doctrine of passing off.
Mapping India’s trade remedy regime: Empirical trends and insights from March 2026 · 2026-04-07 · International Trade and WTO · https://www.lkslaw.com/insights/articles/mapping-india-s-trade-remedy-regime-empirical-trends-and-insights-from-march-2026 · By Pareesha Gupta, Abhishek Tripathi · This article examines recent initiations across various categories in the light of shifting trends in Indian trade remedy investigations. The article also examines empirical trends across type, nature, country and sectors targeted by these actions.
New Labour Codes: Settlement Agreements and Contracting Out – Is it a possibility? · 2026-04-02 · Employment Law · https://www.lkslaw.com/insights/articles/new-labour-codes-settlement-agreements-and-contracting-out-is-it-a-possibility · By Asish Philip Abraham, Astha Sinha, Rishita Sethi, Suryansh Baswan · With the coming into force of the new labour codes on 21 November 2025, the revised definition of ‘wages’ has assumed critical importance for the computation of statutory dues. The definition adopts a bifurcated structure, clearly distinguishing between inclusions and exclusions, and the notional wage amount on the basis of which social security contributions and other statutory benefits are required to be paid.
Aluminium and aluminium alloy products QCO – Emergence and implications · 2026-03-31 · BIS · https://www.lkslaw.com/insights/articles/aluminium-and-aluminium-alloy-products-qco-emergence-and-implications · By Anjali Hirawat , Khyati Karelia  · The QCO represents a significant regulatory intervention aimed at aligning domestic manufacturing with global quality benchmarks while protecting consumers and strengthening industrial competitiveness.
Turnover or import? The legal characterisation of SEZ-DTA supplies under GST · 2026-03-30 · GST Consultancy · https://www.lkslaw.com/insights/articles/turnover-or-import-the-legal-characterisation-of-sez-dta-supplies-under-gst · By Sudeshna Banerjee, Akshay Purohit , Anmol Gupta · The article examines the statutory framework governing adjusted total turnover, the characterization of SEZ-DTA supplies under GST and SEZ law, and the tension between legal theory and practical implementation.
Force Majeure: Boiler Plate Clause or Panacea for Polycrisis · 2026-03-25 · Commercial Litigation · https://www.lkslaw.com/insights/articles/force-majeure-boiler-plate-clause-or-panacea-for-polycrisis · By Charanya Lakshmikumaran, Yogendra Aldak, Rashi Srivastava · Force Majeure has gained its spot back on the front-page news once again within the same decade due to the ongoing war in West Asia. Last invoked at this scale during the pandemic, Force Majeure is no longer a boiler plate clause, many times overlooked at the time of signing of any contract.
Updated returns in Union Budget 2026: Slightly distant from the home stretch? · 2026-03-23 · Direct Tax · https://www.lkslaw.com/insights/articles/updated-returns-in-union-budget-2026-slightly-distant-from-the-home-stretch · By Devashish Jain, Dhananjai Dhokalia · In this article, the authors have discussed the concept of updated returns, the changes proposed by Union Budget 2026, its impact and the hits and misses of the amendment.
Why priority date matters: Madras High Court emphasises importance of reasoned orders · 2026-03-22 · Intellectual Property · https://www.lkslaw.com/insights/articles/why-priority-date-matters-madras-high-court-emphasises-importance-of-reasoned-orders · By Prosenjit Chattopadhyay, Pooja Bawari · This article analyses the decision and its implications for patent prosecution and opposition practice.
Change in offshore borrowing laws: Understanding India’s new External Commercial Borrowing Framework · 2026-03-19 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/change-in-offshore-borrowing-laws-understanding-india-s-new-external-commercial-borrowing-framework · By Akshat Mishra · On 16 February 2026 the Reserve Bank of India notified Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026 which amends the provisions of the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 (‘New Framework’), revamping the regulatory framework for external commercial borrowings (‘ECB’) in India.
PN-3 2.0: Key takeaways from India’s updated FDI policy for land border investors · 2026-03-19 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/pn-3-2-0-key-takeaways-from-india-s-updated-fdi-policy-for-land-border-investors · By Aditya Kumar · The revised framework seeks to address long standing ambiguities arising under Press Note 3 of 2020 (‘PN-3’), while simultaneously advancing the objectives of ease of doing business and facilitating increased foreign capital inflows into select manufacturing led sectors.
Transition relief, MSME expansion, and sectoral amendments: Decoding DPIIT’s latest orders · 2026-03-10 · BIS · https://www.lkslaw.com/insights/articles/transition-relief-msme-expansion-and-sectoral-amendments-decoding-dpiit-s-latest-orders · By Ankur Sharma, Nikita Chauhan, Riya Jaggi · The article discusses the DPIIT recent order introducing the transitional exemptions for certain goods, plus, MSME expansion for certain goods, and sectoral amendments in several QCOs
Public or user interest in trade defence measures: Insights from the EU’s nuanced approach in balancing competing interests · 2026-03-09 · International Trade and WTO · https://www.lkslaw.com/insights/articles/public-or-user-interest-in-trade-defence-measures-insights-from-the-eu-s-nuanced-approach-in-balancing-competing-interests · By Gopakrushna Das, Arpit Mehra · This article analyzes how the EU applied the Union interest test in the fused alumina case and compares this approach with current practice in Indian trade remedy investigations.
Verification First, SCN Later: Re centring FTA origin checks · 2026-03-08 · Customs · https://www.lkslaw.com/insights/articles/verification-first-scn-later-re-centring-fta-origin-checks · By Disha Bhandari, Siddhant Indrajit · This article surveys the treaty text, the domestic legal framework, and the emerging case law, and argues for rigorous adherence to the verification first sequence.
Contracts: A commercial and judicial framework · 2026-03-02 · Commercial Litigation · https://www.lkslaw.com/insights/articles/contracts-a-commercial-and-judicial-framework · By Krithika Jaganathan, Nirupama V Shankar , Deepta R · As an expression of commercial intent, Contracts are far from routine formality and serve as legal instruments that define expectations and allocate risk. In India, the execution and enforcement of contracts is governed by the Contract Act, 1872.
Availing GST credit using TR-6 Challan: Navigating the uncertainty · 2026-02-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/availing-gst-credit-using-tr-6-challan-navigating-the-uncertainty · By Asish Philip Abraham, Srinidhi Ganeshan, Mahi Vyas, Kratik Patni · The article delves deep into the question of availability of input tax credit when IGST is paid on imports using TR-6 Challan, i.e., due to various circumstances much after the import.
Defending the home turf: Madras HC reaffirms local goodwill over global stature · 2026-02-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/defending-the-home-turf-madras-hc-reaffirms-local-goodwill-over-global-stature · By Divya Vishvapriya · The article discusses the recent decision of the Hon’ble Madras High Court in a trademark dispute between an international retail giant and an Indian domestic entity. Ltd. The judgment serves as an important touchstone for the ‘territoriality principle’ in intellectual property law, balancing the rights of global brands against established local businesses.
Realisation of export proceeds through a mode other than Irrevocable Letter of Credit – Chhattisgarh HC clarifies on export duty exemption · 2026-02-19 · Customs · https://www.lkslaw.com/insights/articles/realisation-of-export-proceeds-through-a-mode-other-than-irrevocable-letter-of-credit-chhattisgarh-hc-clarifies-on-export-duty-exemption · By Ratan Jain, Madhur Azad · The article discusses the recent decision of Chhattisgarh HC which holds that export duty exemption is available to the rice exporters irrespective of the mode of realisation of export proceeds. The case highlights the true scope and meaning of the requirement relating to ‘irrevocable Letter of Credit’.
Decoding Home-Office PE: OECD’s 2025 Framework and India’s Reservations · 2026-02-18 · Direct Tax · https://www.lkslaw.com/insights/articles/decoding-home-office-pe-oecd-s-2025-framework-and-india-s-reservations · By Venkat Ramanan, J V L Tanya · The article discusses what has been laid down by the Organization of Economic Cooperation and Development (‘OECD’) and India’s position and the distinction between the two in determination of a PE in context of remote working arrangements.
Hangar to horizon: The aviation push in Budget 2026 · 2026-02-17 · Customs · https://www.lkslaw.com/insights/articles/hangar-to-horizon-the-aviation-push-in-budget-2026 · By Kruti Parashar, Jyoti Pal, Anjali Singh · The Union Budget 2026 marks a decisive policy shift for the aviation and aerospace sector by placing manufacturing, MRO (maintenance, repair and overhaul), and supply-chain localization at the centre of growth strategy. The most impactful element of this shift is the extension of the customs duty exemptions on aircraft parts, components, and raw materials – aimed at strengthening India’s position as a global aviation manufacturing hub.
India’s revised startup framework: Key reforms · 2026-02-16 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/india-s-revised-startup-framework-key-reforms · By Akshat Mishra · India has revised its startup regulatory framework with the aim of supporting innovation and strengthening the startup ecosystem. On 4 February 2026, the Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade (‘DPIIT’), issued Gazette Notification G.S.R. 108(E) (‘New Framework’). This New Framework supersedes the earlier framework issued under G.S.R. 127(E), dated 19 February 2019.
Variable Capital Company: An overview · 2026-02-16 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/variable-capital-company-an-overview · By Aditya Kumar · The Variable Capital Company (‘VCC’) model was first conceptualised in Singapore through the Variable Capital Companies Act, 2018. VCC model is a unique corporate structure tailored to support investment funds. VCCs provide a corporate structure which achieves flexibility by treating the issuance of new shares (subscription) and the cancellation of existing shares (redemption) as simple administrative actions without requiring regulatory filings and shareholder approvals, offering a progressive approach for pooling investment funds.
Scope of Section 28KA: A case for restoring appellate substance to Customs Advance Rulings · 2026-02-11 · Customs · https://www.lkslaw.com/insights/articles/scope-of-section-28-ka-a-case-for-restoring-appellate-substance-to-customs-advance-rulings · By Santhana Gopalan, S. Ganesh Aravindh, Kaushal Jaisalmeria · The Advance Ruling framework provided under Chapter VB of the Customs Act, 1962 (‘Customs Act’), serves as an instrument of trade facilitation. As per the framework, an applicant can seek a ruling from Customs Authority for Advance Rulings (‘Authority’) on issues such as classification, valuation, rules of origin, etc, which will be binding on the applicant and the customs department (in respect of such applicant).
Navigating India’s Strategic Response to the Global Trade Disruption: A Shift Towards Self-Reliance · 2026-02-11 · Customs · https://www.lkslaw.com/insights/articles/navigating-india-s-strategic-response-to-the-global-trade-disruption-a-shift-towards-self-reliance · By Santhana Gopalan, Kaushal Jaisalmeria  · This article touches upon few proposals in the Union Budget 2026-27 which aims to take the country towards the above objectives.
Customs Duty on clearance of Electricity from SEZ to DTA: Resolution of the Parity Battle by Supreme Court in Adani Power and the role of Union Budget 2026-27 · 2026-02-11 · Customs · https://www.lkslaw.com/insights/articles/customs-duty-on-clearance-of-electricity-from-sez-to-dta-resolution-of-the-parity-battle-by-supreme-court-in-adani-power-and-the-role-of-union-budget-2026-27 · By Ratan Jain, Shruti Khanna · The controversy surrounding the levy of customs duty on electrical energy supplied from Special Economic Zones (‘SEZ’) to the Domestic Tariff Area (‘DTA’) has resulted in more than a decade of litigation. While many assessees have been facing the issue, the case of Adani Power was dealt with primarily before the Courts. The aftermath of the legal battle led to significant reassertion of constitutional principles in taxation disputes.
India’s new startup and deep tech startup framework: Why the 2026 DPIIT notification matters · 2026-02-10 · Intellectual Property · https://www.lkslaw.com/insights/articles/india-s-new-startup-and-deep-tech-startup-framework-why-the-2026-dpiit-notification-matters · By Raghav Sarda, Manish Singh Bhadauria · The Department for Promotion of Industry and Internal Trade (DPIIT), on 4 February 2026, issued Notification G.S.R. 108(E). The Notification G.S.R. 108(E) redefines the criteria and recognition process for Startups and Deep Tech Startups in India. Said notification not only supersedes the earlier Gazette Notification G.S.R. 127(E) dated 19th February 2019 but also marks a significant policy evolution in India’s innovation ecosystem.
Leather and Textile Sector: Navigating the Statutory Convergence of Budget 2026–27 and India’s New FTA Regime · 2026-02-08 · Customs · https://www.lkslaw.com/insights/articles/leather-and-textile-sector-navigating-the-statutory-convergence-of-budget-2026-27-and-india-s-new-fta-regime · By Disha Bhandari, Aditi Singh, Prety Priya · The article discusses the key fiscal amendments in the leather and textile segment under the Budget and examines whether the harmonization of fiscal statutes and FTAs entered by India, create a streamlined pathway for export, or a labyrinth of compliance risks.
Budget 2026: AEO privileges rise, obligations deepen, and risks trail behind · 2026-02-04 · Customs · https://www.lkslaw.com/insights/articles/budget-2026-aeo-privileges-rise-obligations-deepen-and-risks-trail-behind · By Nupur Maheshwari, Siddhant Indrajit · Budget 2026 has laid the foundation to shift from an enforcement heavy regime to trust based assessments for imports and export to and from India. One of the biggest beneficiaries of these changes are those operating in the Authorized Economic Operation (‘AEO’) ecosystem.
Linking Predicate Offence and PMLA Proceedings: The Epicentral Role of Vijay Madanlal Judgement · 2026-02-04 · Economic Offences · https://www.lkslaw.com/insights/articles/linking-predicate-offence-and-pmla-proceedings-the-epicentral-role-of-vijay-madanlal-judgement · By Mahendra Singh, Abhinov Vaidyanathan , Snikdha Balaji  · The article discusses the evolving paradigms of judicial interpretation on initiation or continuation of proceedings under PMLA if the predicate offence does not survive.
Legislative Amendments on Discount Schemes and Credit Notes– Time to Revisit the Promotional Schemes? · 2026-02-02 · GST Consultancy · https://www.lkslaw.com/insights/articles/legislative-amendments-on-discount-schemes-and-credit-notes-time-to-revisit-the-promotional-schemes-1 · By Shivam Mehta, Tanya Garg · Discounts serve as a powerful strategic tool to stimulate sales, attract new customers and strengthen a brand’s competitive edge in price-sensitive market. Due to this reason, discount schemes have enjoyed favourable tax treatment right from the pre-GST regime.
Closing Customs disputes sans ‘stigma’: Understanding amendment to Customs section 28(6) · 2026-02-01 · Customs · https://www.lkslaw.com/insights/articles/closing-customs-disputes-sans-stigma-understanding-amendment-to-customs-section-28-6 · By Jyoti Pal, Kruti Parashar, Anjali Singh · The Union Budget 2026 signals a continued shift towards trust-based regulation and faster dispute closure across indirect tax administration. Amongst the reforms proposed in the Finance Bill, 2026 (‘Finance Bill’), proposal for amendment to Section 28(6) of the Customs Act, 1962 (‘Customs Act’) is a notable change.
Impetus to the Advance Rulings under Budget 2026-27 · 2026-02-01 · Customs · https://www.lkslaw.com/insights/articles/impetus-to-the-advance-rulings-under-budget-2026-27 · By Dhruv Matta, Akshay Mohan Gupta · India’s move to incorporate a Customs Authority for Advance Rulings (‘Authority’) aligns with the World’s Customs Organization’s core trade facilitation framework which emphasizes on transparency, and certainty for traders. Article 3 of the World Trade Organization (‘WTO’) Trade Facilitation Agreement requires Members to issue binding advance rulings and publish their period of validity, reinforcing transparency and predictability for traders.
India-EU Free Trade Agreement: An overview · 2026-01-29 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-eu-free-trade-agreement-an-overview · By Anjali Hirawat, Kedar Kokatay, Antara Bhide · The article provides an overview of the most significant free trade agreements concluded by India in this decade - the India–EU Free Trade Agreement.
The Anatomy of Hospital M&A Deals in India · 2026-01-27 · General Corporate · https://www.lkslaw.com/insights/articles/the-anatomy-of-hospital-m-and-a-deals-in-india · By Gaurav Dayal, Sushrut Biswal · The article discusses the recurring issues encountered in M&A transactions where consolidation and private capital participation accelerate across tertiary care, specialty hospitals and regional networks. Investors and acquirers increasingly encounter diligent risks unique to this hospital sector.
India-EU FTA: Nearing the finish line · 2026-01-26 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-eu-fta-nearing-the-finish-line · By Anjali Hirawat, Riya Sinha, Khyati Karelia · The long-awaited Free Trade Agreement (‘FTA’) between India and the European Union (“EU”) is on the cusp of fruition, with the countries expected to announce the conclusion of the trade deal today, i.e. on 27 January 2026.
RBI releases FEMA 2026 Export-Import Trade Regulations: What businesses need to know · 2026-01-22 · General Corporate · https://www.lkslaw.com/insights/articles/rbi-releases-fema-2026-export-import-trade-regulations-what-businesses-need-to-know · By Asish Philip Abraham, Pratyush Jain, Shreyasi Chakraborty · The article discusses the key insights of current trade framework and highlights the substantive reforms introduced under the new FEMA 2026 Export-Import Trade Regulations Update.
Bombay High Court resolves the DDT-DTAA controversy: Treaty rate held applicable notwithstanding domestic levy mechanism · 2026-01-21 · Direct Tax · https://www.lkslaw.com/insights/articles/bombay-high-court-resolves-the-ddt-dtaa-controversy-treaty-rate-held-applicable-notwithstanding-domestic-levy-mechanism · By Siddhesh Khandalkar, Shubham Sankhala, Isha Chauhan · The article discusses the recent judgement of Bombay High Court which reaffirms the primacy of treaty interpretation based on the nature of income, rather than the mechanism or incidence of collection under municipal law, and has far-reaching implications for pending disputes under the erstwhile DDT regime.
Indian court reinforces physical presence as cornerstone of service PE · 2026-01-13 · Direct Tax · https://www.lkslaw.com/insights/articles/indian-court-reinforces-physical-presence-as-cornerstone-of-service-pe · By Harshit Khurana, Karanjot Singh Khurana, Giridhar Vasudevan · The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
Principles of Rectification of Register of Members · 2026-01-12 · General Corporate · https://www.lkslaw.com/insights/articles/principles-of-rectification-of-register-of-members · By Noorul Hassan · On 23 December 2025, the NCLAT delivered a Judgement on the issue involving Section 59 of the Companies Act, 2013 (‘Act’) upholding the Order passed by the NCLT, Hyderabad.
The jurisdictional tussle between GST and Customs authorities · 2026-01-04 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/articles/the-jurisdictional-tussle-between-gst-and-customs-authorities · By R. Sahana, Derlene Joshna, Prabal Karthikheyan · The article discusses the question as to whether Customs or GST Department has jurisdiction and to what extent, if IGST is declared to be a levy under the CTA or the IGST Act, respectively.
Unauthorised software: Navigating the spectrum of software piracy and compliance action · 2025-12-30 · Commercial Litigation · https://www.lkslaw.com/insights/articles/unauthorised-software-navigating-the-spectrum-of-software-piracy-and-compliance-action · By Krithika Jaganathan, Nirupama V Shankar · While ensuring lawful licensing is a foundational obligation and even unintentional misuse must be course-corrected, at the same time, enforcement practices should reflect the highest of ethical and legal standards.
India-Oman CEPA: Tariff liberalisation · 2025-12-28 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-oman-cepa-tariff-liberalisation-rules-of-origin-and-regulatory-cooperation · By Divyashree Suri , Riya Jaggi · On December 18, 2025, India and Oman signed a Comprehensive Economic Partnership Agreement (CEPA), marking Oman’s first bilateral agreement since its deal with the United States in 2006. This article discusses India’s trade with Oman, tariff liberalization, rules of origin, and the technical barriers impacting trade between the two nations
The digital frontier: Navigating the ‘Virtual Service PE’ in international taxation · 2025-12-25 · Direct Tax · https://www.lkslaw.com/insights/articles/the-digital-frontier-navigating-the-virtual-service-pe-in-international-taxation · By Ravi Sawana, Neha Sharma, Apurva Chaudhary · The article discusses the concept of Virtual Service Permanent Establishment (PE) in international taxation. It covers the services of PEs under Double Taxation Avoidance Agreements (DTAAs), the Revenue’s gambit, and judicial interpretations related to Virtual Service PEs.
Cultivating clarity: Section 3(h) and the jurisprudence of partial grants · 2025-12-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/cultivating-clarity-section-3-h-and-the-jurisprudence-of-partial-grants · By Prosenjit Chattopadhyay, Eeshita Das · The article discusses the recent decision of Calcutta High Court in clarifying the invention related to agriculture or horticulture, which cannot be considered non-patentable under Section 3(h) of the Patents Act. The High Court additionally sheds light on the allowability of ‘partial grants’ of claims in India.
Overhaul of labour legislations in India – Impact on businesses · 2025-12-18 · Employment Law · https://www.lkslaw.com/insights/articles/overhaul-of-labour-legislations-in-india-impact-on-businesses · By Aishwarya Narasimhan · India’s new labour law framework marks a transformative shift for businesses across sectors.
The ripple effect: How India’s New Labour Codes Will Reshape M&A Transactions (Shorter Version) · 2025-12-14 · Employment Law · https://www.lkslaw.com/insights/articles/the-ripple-effect-how-india-s-new-labour-codes-will-reshape-m-and-a-transactions-shorter-version-1-1 · By Gaurav Dayal, Sushrut Biswal, Paritosh Chauhan, Sukoon Dinodia · For decades, M&A in India required navigating a labyrinth of 29 fragmented labour laws. Inconsistent definitions and rigid approval norms often created hidden liabilities, turning labour diligence into a purely reactive exercise.
The ripple effect: How India’s new Labour Codes will reshape M&A transactions · 2025-12-11 · Employment Law · https://www.lkslaw.com/insights/articles/the-ripple-effect-how-india-s-new-labour-codes-will-reshape-m-and-a-transactions · By Gaurav Dayal, Sushrut Biswal, Paritosh Chauhan, Sukoon Dinodia · For decades, M&A in India required navigating a labyrinth of 29 fragmented labour laws. Inconsistent definitions and rigid approval norms often created hidden liabilities, turning labour diligence into a purely reactive exercise.
Are goods brought in on lease basis from FTWZ to DTA exempt from levy of IGST? – CAAR Rules in favour · 2025-12-09 · Customs · https://www.lkslaw.com/insights/articles/are-goods-brought-in-on-lease-basis-from-ftwz-to-dta-exempt-from-levy-of-igst-caar-rules-in-favour · By Srinidhi Ganeshan, Anaya Bhide 
How national considerations are re-shaping critical mineral export policies in the face of constant WTO rules · 2025-12-07 · International Trade and WTO · https://www.lkslaw.com/insights/articles/how-national-considerations-are-re-shaping-critical-mineral-export-policies-in-the-face-of-constant-wto-rules · By Pareesha Gupta, Abhishek Tripathi · The article discusses how contemporary national policies in the critical-minerals sector interact with General Agreement on Tariffs and Trade rules 1994
Indian Family Offices: A new investment force in private market · 2025-12-03 · General Corporate · https://www.lkslaw.com/insights/articles/indian-family-offices-a-new-investment-force-in-private-market · By Shipra Verma · The article discusses the direct investments of Indian Family offices in private market. Family Offices deploy an attractive pool of patient, long-term domestic capital into India's private markets and targeting high-growth sectors, focused on preserving and creating wealth across multiple generations.
Top 10 FAQs on Fixed Term Employment (FTE) · 2025-11-27 · Employment Law · https://www.lkslaw.com/insights/articles/top-10-faqs-on-fixed-term-employment-fte · By Employment Law Team · A fixed term employment is a concept where a worker is engaged on the basis of a written contract for a fixed period of time. In such an employment arrangement, the tenure of employment is predetermined and the worker’s employment automatically comes to an end upon this predetermined tenure elapsing.
Central Government’s Expanded Supervisory Scope Under the Labour Codes · 2025-11-26 · Employment Law · https://www.lkslaw.com/insights/articles/central-government-s-expanded-supervisory-scope-under-the-labour-codes · By Kumar Panda · The article discusses the recently notified four labour codes that repeal and replace 29 existing labour laws. These codes expand the scope of central supervision by bringing additional sectors under the delegated authority of the central government.
The hidden complexity of biodiversity compliance · 2025-11-20 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-hidden-complexity-of-biodiversity-compliance · By Malathi Lakshmikumaran, Aashmeen Kaur · The article discusses unsettled issues related to biodiversity compliances, which introduces unnecessary complexity and discourages research, ultimately disincentivizing Applicants from seeking patent protection in India.
Non-disclosure of foreign assets in the ITR: Ownership · 2025-11-19 · Direct Tax · https://www.lkslaw.com/insights/articles/non-disclosure-of-foreign-assets-in-the-itr-ownership-valuation-threshold-for-penalty-under-the-black-money-act · By Avar Lamba, Sanjhali Bajaj, Snehal Ranjan Shukla , Tanmay Bhatnagar · The article discusses issues relating to ownership, valuation, and penalty thresholds for non-disclosure of foreign assets in the income tax returns, under Sections 42 and 43 of the Black Money Act.
Draft Telecom Cybersecurity Rules 2025: Hits · 2025-11-17 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/draft-telecom-cybersecurity-rules-2025-hits-misses-and-the-road-ahead · By Data Protection and TMT Team  · The article discusses the recently notified Telecommunications (Telecom Cyber Security) Amendment Rules, 2025 by the Department of Telecommunications (‘DoT’) in October 2025. These Amendments introduce sweeping obligations for businesses that rely on telecom identifiers, new mechanisms for mobile number verification, and stricter International Mobile Equipment Identity (‘IMEI’) oversight.
W&I Insurance: Rise of synthetic W&Is · 2025-11-17 · General Corporate · https://www.lkslaw.com/insights/articles/article-3 · By Shipra Verma, Alekhya Kanda · The article discusses the Warranty and Indemnity (W&I) insurance, which protects buyers or sellers from financial losses due to warranty breaches in M&A deals. It analyses synthetic W&I insurance, a newer option for distressed deals, where warranties are negotiated between the policyholder and insurer, unlike a traditional W&I policy which relies on warranties negotiated between the buyer and the seller.
Digital Personal Data Protection Rules · 2025-11-16 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/article-1 · By Sameer Avasarala · The article discusses the recently notified Digital Personal Data Protection Rules, 2025 which have set clear timelines for enforcement of DPDP Act, 2023 and Rules. While the DPDP Rules do not, in large part, deviate from the MEITY’s draft rules released in January (‘Draft Rules’), the author outlined the key changes under these Rules, as well as the way ahead for the law.
Digital Personal Data Protection Rules, 2025: Incremental tweaks and the way ahead · 2025-11-16 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/digital-personal-data-protection-rules-2025-incremental-tweaks-and-the-way-ahead · By Sameer Avasarala · On 13 November, the Ministry of Electronics and Information Technology (‘MEITY’) notified the Digital Personal Data Protection Rules, 2025 (‘DPDP Rules’) and set out clear timelines for enforcement of the Digital Personal Data Protection Act, 2023 (‘DPDPA’) and the DPDP Rules. While the DPDP Rules do not, in large part, deviate from the MEITY’s draft rules released in January (‘Draft Rules’), we have outlined the key changes under these Rules, as well as the way ahead for the law.
Navigating the US Tariffs through the first sale principle · 2025-11-09 · International Trade and WTO · https://www.lkslaw.com/insights/articles/navigating-the-us-tariffs-through-the-first-sale-principle · By Gopakrushna Das, Arpit Mehra · This article discusses the legal foundation of the first sale principle, its practical application, and its potential role as a compliance-based tool for managing tariff exposure in a changing trade policy environment.
Draft intermediary amendments: Bugle call for AI governance in India? · 2025-11-02 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/draft-intermediary-amendments-bugle-call-for-ai-governance-in-india · By Prashant Phillips, Sameer Avasarala , Abhishek Singh · The Ministry of Electronics and Information Technology’s release of the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 is another spoke in the wheel of regulating internet aspects through the ‘intermediary’ route under the Information Technology Act, 2000.
Understanding the relationship between HS Codes and QCOs · 2025-10-28 · BIS · https://www.lkslaw.com/insights/articles/understanding-the-relationship-between-hs-codes-and-qc-os · By Anjali Hirawat, Riya Sinha · In a globalised economy, standardization and regulation play a pivotal role in ensuring product safety, fair trade, and compliance with trade practices.
GAAR in practice: Lessons from Ayodhya Rami Reddy Alla and Anvida Bandi · 2025-10-23 · Direct Tax · https://www.lkslaw.com/insights/articles/gaar-in-practice-lessons-from-ayodhya-rami-reddy-alla-and-anvida-bandi · By Venkat Ramanan, Bhavana Kulluru  · The article discusses how the GAAR framework has recently seen its application tested by the Telangana High Court through two consequential, yet contrasting, rulings.
The mark endures: Trademark goodwill beyond the sale of goods · 2025-10-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-mark-endures-trademark-goodwill-beyond-the-sale-of-goods · By Chhavi Dhawan , Kriti Sood · The article discusses the recent decision of Division Bench of the Delhi High Court in the case of Carlton Shoes Ltd. v. VIP Industries Ltd. The Court delivered a significant verdict upholding the primacy of territorial goodwill over global reputation, while also holding that goodwill attaches to the mark as a whole, not just to a specific category of goods.
When a pump photo pumps up a legal dispute: Untangling copyright and design law · 2025-10-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/when-a-pump-photo-pumps-up-a-legal-dispute-untangling-copyright-and-design-law · By Divya Vishvapriya · The article discusses the recent decision of Madras High Court in case of A. Ruthramoorthy and Ors. v. P. Moorthy and Ors. The case unfolded as a nuanced examination of statutory interpretation, legislative intent, and judicial precedent highlighting the complex interplay between copyright and design regimes in Indian intellectual property law.
Key clarifications under the SEBI issued FAQS 2025 · 2025-10-16 · General Corporate · https://www.lkslaw.com/insights/articles/key-clarifications-under-the-sebi-issued-faqs-2025 · By Asish Philip Abraham, Astha Sinha · The article discusses the key clarifications provided in the recently issued FAQs by SEBI for research analysts.
Balancing innovation and conservation: The intersection of Indian patent law and biodiversity law · 2025-10-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/balancing-innovation-and-conservation-the-intersection-of-indian-patent-law-and-biodiversity-law · By Malathi Lakshmikumaran, Aashmeen Kaur  · This intersection of patent law and biodiversity regulation is a collaborative safeguard. It ensures that India’s future remains both inventive and inclusive, while its rich biodiversity is sustainably protected.
When are development rights actually transferred: A one-time grant on date of agreement or a continuous supply? · 2025-10-13 · GST Consultancy · https://www.lkslaw.com/insights/articles/when-are-development-rights-actually-transferred-a-one-time-grant-on-date-of-agreement-or-a-continuous-supply · By Anitta Jose
Step-by-Step Guide to obtaining a licence under Scheme X of BIS for machinery and electrical equipment · 2025-10-13 · BIS · https://www.lkslaw.com/insights/articles/step-by-step-guide-to-obtaining-a-licence-under-scheme-x-of-bis-for-machinery-and-electrical-equipment · By Ankur Sharma, Aayush Rastogi, Nikita Chauhan
India-UK FTA: Unlocking opportunities for bilateral trade in goods · 2025-10-06 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-uk-fta-unlocking-opportunities-for-bilateral-trade-in-goods · By Divyashree Suri , Ankur Sharma
Streamlining Fast Track Mergers with Budget 2025 · 2025-10-05 · General Corporate · https://www.lkslaw.com/insights/articles/streamlining-fast-track-mergers-with-budget-2025 · By  Navyashree R, Krishna Chandak
Guide to investigation, adjudication and appeal under Indian Foreign Exchange Law · 2025-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/guide-to-investigation-adjudication-and-appeal-under-indian-foreign-exchange-law · By S. Vasudevan, Mahendra Singh
Guide to investigation under Indian foreign exchange law · 2025-09-30 · Economic Offences · https://www.lkslaw.com/insights/articles/guide-to-investigation-adjudication-and-appeal-under-indian-foreign-exchange-law-1 · By Mahendra Singh, Kanishka Sihare
Customs Tariff classification v. Origin compliance – Does one prevail over the other to avail FTA Benefits? · 2025-09-29 · Customs · https://www.lkslaw.com/insights/articles/customs-tariff-classification-v-origin-compliance-does-one-prevail-over-the-other-to-avail-fta-benefits · By Anjali Hirawat, Shruti Khanna
Self-Assessed or Self-Trapped? The reach of Section 75(12) · 2025-09-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/self-assessed-or-self-trapped-the-reach-of-section-75-12 · By Shubham Vijay, Aanchal Gupta
How Law Firms Assist in Enterprise AI Implementation · 2025-09-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/how-can-law-firms-like-lks-help-you-in-ai-implementation · By Subhomoy Bakshi, Head of Digital Transformation · Adopting AI is as much a legal and governance undertaking as a technical one, and the legal questions tend to arrive in a predictable order, from what the law permits through to disputes.
Patenting antibodies of the future – De novo designed antibodies · 2025-09-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/patenting-antibodies-of-the-future-de-novo-designed-antibodies · By Malathi Lakshmikumaran, Joyita Deb
Acts and Laws to Keep in Mind Before Implementing AI · 2025-09-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/acts-and-laws-to-keep-in-mind-before-implementing-ai · By Subhomoy Bakshi, Head of Digital Transformation · There is no single statute a company can read to become compliant with AI. There is instead a patchwork of two kinds of law: older rules that reach AI because they reach everything, and AI-specific statutes.
Taxability of post-sale discounts: Recent changes – Certainty · 2025-09-23 · GST Consultancy · https://www.lkslaw.com/insights/articles/taxability-of-post-sale-discounts-recent-changes-certainty-confusion-and-calls-for-reform · By Shivam Mehta, Tanya Garg
When Judges disagree: The Shelf Drilling case and the road ahead · 2025-09-22 · Direct Tax · https://www.lkslaw.com/insights/articles/when-judges-disagree-the-shelf-drilling-case-and-the-road-ahead · By Karanjot Singh Khurana, Tanmay Bhatnagar, Shivam Gupta
Fully diluted ownership: Beyond issued equity shares · 2025-09-22 · General Corporate · https://www.lkslaw.com/insights/articles/fully-diluted-ownership-beyond-issued-equity-shares · By Netri Agrawal
Revision of MRP post GST 2.0 Reforms: MRP labelling norms for FMCG and Pharma sectors · 2025-09-21 · General Corporate · https://www.lkslaw.com/insights/articles/revision-of-mrp-post-gst-2-0-reforms-mrp-labelling-norms-for-fmcg-and-pharma-sectors · By Astha Sinha, Muskan Khandelwal, Asish Philip
Salient Features Your AI Usage Policy Should Have · 2025-09-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/salient-features-your-ai-usage-policy-should-have · By Subhomoy Bakshi, Head of Digital Transformation · Governance principles are written for the board. An AI usage policy is written for the employee who, under deadline, is deciding whether to paste a client contract into a public chatbot.
To litigate or to settle: Another challenge for taxpayers under West Bengal Entry Tax · 2025-09-17 · GST Consultancy · https://www.lkslaw.com/insights/articles/to-litigate-or-to-settle-another-challenge-for-taxpayers-under-west-bengal-entry-tax · By Nitum Jain, Ayush Agarwal, Swastik Mishra
Legal and Financial Frameworks to Adopt for AI Risk Mitigation · 2025-09-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/legal-and-financial-frameworks-to-adopt-for-ai-risk-mitigation · By Subhomoy Bakshi, Head of Digital Transformation · An AI project rarely fails because the model was bad. It fails because no one had decided, in advance, who owned the risk, what it would cost to keep the system honest, and who paid when a vendor's tool erred.
Concept of ‘unforeseen developments’ in Safeguard law: A continuing requirement or a fading test? · 2025-09-14 · International Trade and WTO · https://www.lkslaw.com/insights/articles/concept-of-unforeseen-developments-in-safeguard-law-a-continuing-requirement-or-a-fading-test · By Pareesha Gupta, Abhishek Tripathi
Buying vs. Building AI Solutions · 2025-09-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/buying-vs-building-ai-solutions · By Subhomoy Bakshi, Head of Digital Transformation · A company that decides to adopt AI has really made only the first of two decisions. The second, and often the more consequential, is whether to buy the capability from a vendor or build it in-house.
From Soil to Solar: GST reforms to boost fertiliser industry and renewable energy sector · 2025-09-10 · GST Consultancy · https://www.lkslaw.com/insights/articles/from-soil-to-solar-gst-reforms-to-boost-fertiliser-industry-and-renewable-energy-sector · By Shweta Walecha, Divya Bhardwaj, Aashna Sehgal
Risks with Data in AI Implementation · 2025-09-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/risks-with-data-in-ai-implementation · By Subhomoy Bakshi, Head of Digital Transformation · Every AI system is a claim about its data. Train a model on what a business already knows, and it will reproduce that knowledge faithfully, including the parts the business would rather not repeat.
Intermediary services: Exporters relief from artificial deeming provisions · 2025-09-09 · GST Consultancy · https://www.lkslaw.com/insights/articles/intermediary-services-exporters-relief-from-artificial-deeming-provisions · By Apeksha Bansal, Asish Philip
Section 59 of the Patents Act – The journey so far · 2025-09-09 · Intellectual Property · https://www.lkslaw.com/insights/articles/section-59-of-the-patents-act-the-journey-so-far · By Aashmeen Kaur, Anurag Pandey
Balancing Power and Protection: The National Sports Governance and Anti-Doping Bills, 2025 · 2025-09-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/balancing-power-and-protection · By Astha Sinha
RBI framework: Responsible and ethical enablement of Artificial Intelligence in financial sector · 2025-09-07 · General Corporate · https://www.lkslaw.com/insights/articles/rbi-framework-responsible-and-ethical-enablement-of-artificial-intelligence-in-financial-sector · By Rishita Sethi
Balancing Power and Protection: The National Sports Governance and Anti-Doping Bills · 2025-09-07 · General Corporate · https://www.lkslaw.com/insights/articles/balancing-power-and-protection-the-national-sports-governance-and-anti-doping-bills-2025-1 · By Astha Sinha, Muskan Khandelwal
Top 10 Things to Keep in Mind while Implementing AI in Enterprise · 2025-09-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/top-10-things-to-keep-in-mind-while-implementing-ai-in-enterprise · By Subhomoy Bakshi, Head of Digital Transformation · Most AI programmes do not fail in the model. They fail in the decisions around it: a tool bought without a problem to solve, a pipeline fed on data nobody audited, a rollout the workforce quietly refuses.
A bird’s eye view of India’s next gen tax reforms · 2025-09-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/a-bird-s-eye-view-of-india-s-next-gen-tax-reforms · By Shivam Mehta
A bird’s eye view of India’s nextgen tax reforms · 2025-09-04 · GST Consultancy · https://www.lkslaw.com/insights/articles/a-bird-s-eye-view-of-india-s-nextgen-tax-reforms · By Shivam Mehta, Tanya Garg
GST rate rationalization - Part 3: Actions taken by anti-profiteering authority in the past, issues considered and decided by Delhi High Court · 2025-09-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-rate-rationalization-part-3 · By Asish Philip Abraham, Darshan Chandrakant Machchhar, Darshan Machchhar
AI in Enterprise: Strategy, Risk, and Governance · 2025-09-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/ai-in-enterprise-strategy-risk-and-governance · By Subhomoy Bakshi, Head of Digital Transformation · Most enterprises no longer ask whether to use artificial intelligence. They ask how to do it without acquiring a liability they did not price. The technology arrives wrapped in promises of efficiency and insight.
Ride hailing tax dilemma: GST treatment still uncertain · 2025-08-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/ride-hailing-tax-dilemma-gst-treatment-still-uncertain · By Shivam Mehta, Tanya Garg, Srijita Chakraborty
OTR guidance documents: Clearing the haze · 2025-08-22 · BIS · https://www.lkslaw.com/insights/articles/otr-guidance-documents-clearing-the-haze · By Anjali Hirawat, Riya Sinha · The article discusses various recent guidelines for compliance of the Machinery and Electrical Equipment Safety (Omnibus Technical Regulation) Order, 2024.
Navigating nature’s law: India’s legal overhaul of biodiversity access and benefit sharing · 2025-08-22 · Intellectual Property · https://www.lkslaw.com/insights/articles/navigating-nature-s-law-india-s-legal-overhaul-of-biodiversity-access-and-benefit-sharing · By Malathi Lakshmikumaran, Aashmeen Kaur · This article examines these recent developments, focusing on access to biological resources, intellectual property rights based on the Indian BR, and the evolving benefit-sharing mechanisms. As India continues to refine its biodiversity governance, these reforms mark a pivotal step toward balancing innovation, conservation, sustainable use of BR and national interest.
Navigating seamless Inter-State ITC transfers under GST: Judicial guidance · 2025-08-20 · GST Consultancy · https://www.lkslaw.com/insights/articles/navigating-seamless-inter-state-itc-transfers-under-gst-judicial-guidance · By Shweta Walecha, Rachit Arora, Hema Modi · The Bombay High Court has taken a significant step in clarifying the transfer of unutilized ITC during business restructuring. This judgment not only clarifies the legal position on inter-State ITC transfer but also addresses the technical and administrative hurdles posed by the GST Network (GSTN) portal.
Dy/Dx – Differentiating the contours of taxation of derivatives · 2025-08-18 · Direct Tax · https://www.lkslaw.com/insights/articles/dy-dx-differentiating-the-contours-of-taxation-of-derivatives · By Sudin Sabnis, Siddhesh Khandalkar · The article discusses the recent decision of Hon’ble Mumbai ITAT, which adjudicates a question as to whether a Venn Diagram of two sets of items, i.e., the meaning of derivatives as it is normally understood and its tax treatment equating it with shares thereof, would have any intersection or not.
In good spirits: The Geographical Indication war over ‘Pisco’ · 2025-08-12 · Intellectual Property · https://www.lkslaw.com/insights/articles/in-good-spirits-the-geographical-indication-war-over-pisco · By Kriti Sood · The article discusses a recent Delhi HC decision where the Court has conducted a thorough examination of the provisions regarding the prohibition of GI registration in specific instances, as well as the registration of homonymous GIs. The decision exemplifies how Indian courts are navigating the evolving landscape of GI law, aiming to safeguard traditional products while ensuring fair competition.
Rethinking the thresholds in biosimilar patent infringement disputes · 2025-08-12 · Intellectual Property · https://www.lkslaw.com/insights/articles/rethinking-the-thresholds-in-biosimilar-patent-infringement-disputes · By Geethanjali KV · The article discusses a Delhi HC decision which granted an-interim injunction restraining a pharma company from dealing in its biosimilar version of the cancer medication Nivolumab until the expiry of the Indian Patent. According to the author, by treating the defendant’s regulatory filings and bio similarity claims as indicative of infringement, the Court seems to have deviated from an earlier precedent.
Artificial Intelligence in the Healthcare Sector: Investment trends · 2025-08-11 · Private Equity & VC · https://www.lkslaw.com/insights/articles/artificial-intelligence-in-the-healthcare-sector-investment-trends · By Alekhya Kanda, Netri Agarwal · The article discusses how the integration of AI technologies in diagnostics, drug development, and healthcare administration is enabling scalable solutions. It also highlights key investment trends that are strengthening India’s position as a strategic destination for healthcare sector investments.
Patentability of intermediates – Troubling interpretation: A critique of the Zeria judgment · 2025-08-04 · Intellectual Property · https://www.lkslaw.com/insights/articles/patentability-of-intermediates-troubling-interpretation-a-critique-of-the-zeria-judgment · By Prosenjit Chattopadhyay, Archana Viswanathan · The article discusses a recent decision of the Delhi High Court which has upheld the refusal of a patent by extending the therapeutic efficacy requirement to intermediates.
Differential pricing analysis in anti-dumping investigations: US Court ‘invalidates’ the use of Cohen’s D by the US DOC · 2025-08-04 · International Trade and WTO · https://www.lkslaw.com/insights/articles/differential-pricing-analysis-in-anti-dumping-investigations-us-court-invalidates-the-use-of-cohen-s-d-by-the-us-doc · By Devinder Bagia, Rizwan Shah · The article discusses the recent judgement of the U.S. Court for Federal Circuit in Marmen Inc. v. United States[1]. In which the article traces the origins of this methodology in the WTO’s Anti-Dumping Agreement, its evolution over the years in USA’s context, and the road ahead after the Marmen Inc. judgement.
Share Based Employee Benefits: Forex Compliances · 2025-07-30 · General Corporate · https://www.lkslaw.com/insights/articles/share-based-employee-benefits-forex-compliances · By Noorul Hassan, Navyashree R · Employees Stock Option is a scheme under which options are granted to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, giving them the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price. The article discusses the share-based benefits and Forex compliances of this scheme.
Export refund: Prospective omission of Rule 96(10) of CGST Rules and retro-active applicability to pending proceedings · 2025-07-29 · GST Consultancy · https://www.lkslaw.com/insights/articles/export-refund-prospective-omission-of-rule-96-10-of-cgst-rules-and-retro-active-applicability-to-pending-proceedings · By Asish Philip Abraham, Krina Shah · The article highlights the retroactive impact of the amendment relating to export refunds, in the light of recent High Court decisions. The authors note that while GST Council has simplified the export refund process for the future from 2024, the amendment was not made retrospective by the legislature, and hence creating problems.
India’s critical minerals strategy: Wider exemption from customs duty needed to fulfil the Government’s mission · 2025-07-28 · Customs · https://www.lkslaw.com/insights/articles/india-s-critical-minerals-strategy-wider-exemption-from-customs-duty-needed-to-fulfil-the-government-s-mission · By Srinidhi Ganeshan, Shambhavi Mishra · The Hon’ble Finance Minister, in her Union Budget 2024-25 speech on 23 July 2024, reaffirmed the Government’s commitment to the Atmanirbhar Bharat Abhiyaan by proposing key policy measures to promote self-reliance in the critical minerals sector. The article discusses the strategic importance of minerals such as lithium, cobalt, copper, and rare earth elements in various sectors.
Internal Compliance Programs for export of dual-use items: Key insights from DGFT’s draft framework · 2025-07-28 · Customs · https://www.lkslaw.com/insights/articles/internal-compliance-programs-for-export-of-dual-use-items-key-insights-from-dgft-s-draft-framework · By Srinidhi Ganeshan, Shambhavi Mishra · The article discusses the key considerations for entities while drafting their ICPs in line with the Draft Management System Requirements.
Navigating RoDTEP compliances – Filing of Annual RoDTEP Return · 2025-07-28 · Customs · https://www.lkslaw.com/insights/articles/navigating-rodtep-compliances-filing-of-annual-rodtep-return · By Srinidhi Ganeshan, Madhur Azad · The article discusses the compliances and filing of annual RoDTEP return under RoDTEP schemes. The scheme is beneficial for exporters which require them to indicate in their shipping bills that they intend to claim the benefit under the said scheme. Such benefit would be granted to the eligible exporters at a notified rate as a percentage of FOB value as mentioned in Appendix 4R of FTP 2023.
The ‘Value Addition’ conundrum in GST budgetary support refunds · 2025-07-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/the-value-addition-conundrum-in-gst-budgetary-support-refunds · By Priyanka Kalwani, Devanshi Sharma , Aanchal Kesari · The article discusses the recent decision of the Jammu & Kashmir & Ladakh High Court in the case of J&K Cement Corporation v. Union of India that has led to opening of a pandora’s box regarding the value addition to be adopted for computation of the refund amount under the BSS.
Decoding the ‘Algorithm’ exclusion: A closer look at draft CRI Guidelines 2025 · 2025-07-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/decoding-the-algorithm-exclusion-a-closer-look-at-draft-cri-guidelines-2025 · By Jaya Pandeya, Prabhat Kumar · The article focuses on how the new draft Guidelines propose to determine whether or not a claimed invention is excluded as an ‘algorithm’ under Section 3(k) of the Patents Act.
Modern agriculture rooted in traditional Income-tax law · 2025-07-22 · Direct Tax · https://www.lkslaw.com/insights/articles/modern-agriculture-rooted-in-traditional-income-tax-law · By Harshit Khurana, Sonali Bansal , Rishabh Bhatia · While agricultural operations have been modernised, the law for claiming income-tax exemption for agricultural operations has remained constant. The article focuses on various aspects of the textbook provisions, their implications on the modern agriculture and the take of Indian judiciary on the same.
AI in trial: Legal challenges of generative technologies · 2025-07-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/ai-in-trial-legal-challenges-of-generative-technologies · By Vindhya S. Mani, Geethanjali KV · This article provides a summary of some of the most significant court rulings and current legal disputes across major jurisdictions involving both textual and visual works, where Courts have dealt with the effects of AI-generated content in the context of copyright protection and infringement.
Machines, Markets, Mandates: Understanding India’s regulations on machinery and electrical equipment · 2025-07-17 · BIS · https://www.lkslaw.com/insights/articles/machines-markets-mandates-understanding-india-s-regulations-on-machinery-and-electrical-equipment-1 · By Ankur Sharma, Aayush Rastogi , Nikita Chauhan · The article discusses at length the Machinery and Electrical Equipment Safety (Omnibus Technical Regulation) Order, 2024, implementation of which was recently extended by one year to 1 September 2026. Identifying the key concerns, the authors also highlight what companies should do.
Business closure and unutilized ITC – Is it a rightful refund? · 2025-07-04 · GST Consultancy · https://www.lkslaw.com/insights/articles/business-closure-and-unutilized-itc-is-it-a-rightful-refund · By Shivam Mehta, Shweta Walecha, Tanya Garg · The article discusses the impact of recent Sikkim High Court decision on grant of refund of unutilised ITC in case of closure of business. It emphasizes the impact of this ruling on business decisions of scaling down the business operations along with the soundness of the decision.
EU simplifies CBAM but does not address the underlying issues · 2025-07-04 · International Trade and WTO · https://www.lkslaw.com/insights/articles/eu-simplifies-cbam-but-does-not-address-the-underlying-issues · By Ankur Sharma,  Nikita Chauhan · The European Council and the European Parliament recently reached a provisional agreement on the Omnibus-I legislative package, which seeks to simplify the EU's Carbon Border Adjustment Mechanism (‘CBAM’). The article notes that despite these internal simplifications, significant challenges persist for Indian exporters and other third-country suppliers navigating the EU’s evolving carbon regulation landscape.
Cosmetic or Medicine: Determination of classification of personal care products under the Customs Tariff · 2025-07-03 · Customs · https://www.lkslaw.com/insights/articles/cosmetic-or-medicine-determination-of-classification-of-personal-care-products-under-the-customs-tariff · By Srinidhi Ganeshan, Madhur Azad · Personal care products such as face wash to treat acne, cream to reduce skin blemishes, shampoo to treat dandruff: these all will be medicines or will be cosmetic/toilet preparations under Customs Law. This article is demonstrating this challenge by examining a few relevant case laws dealt with by the Supreme Court of India on this issue.
SEBI’s Consultation Paper and the winds of AI Governance · 2025-07-02 · Securities Law · https://www.lkslaw.com/insights/articles/sebi-s-consultation-paper-and-the-winds-of-ai-governance · By Sameer Avasarala, Aryashree Kunhambu · The article discusses the SEBI Consultation Paper which outlines the current use of AI/ML models are by exchanges, brokers and mutual funds for a wide variety of internal, customer support, security, pattern recognitions, KYC, order executions and related purposes.
Balancing innovation and ethics: Calcutta High Court’s guidance on Section 3(b) · 2025-06-27 · Intellectual Property · https://www.lkslaw.com/insights/articles/balancing-innovation-and-ethics-calcutta-high-court-s-guidance-on-section-3-b · By Malathi Lakshmikumaran, Aashmeen Kaur · This article examines two recent judgments of the Hon’ble Calcutta High Court in appeals filed by ITC Limited under Section 117A, challenging the rejection of patent applications on grounds of non-patentability under Section 3(b).
Classification of goods – Recent WCO Rulings · 2025-06-25 · Customs · https://www.lkslaw.com/insights/articles/classification-of-goods-recent-wco-rulings-opinions-and-hsn-explanatory-notes-changes · By Srinidhi Ganeshan, Neha Agrawal · The article summarises the 75th Session of the World Customs Organisation’s (‘WCO’) Harmonized System Committee which was held in March 2025. The Rulings, opinions, changes suggested therein have been recently released by the WCO.
Taxing the in-between: GST implications on sale of partially constructed buildings · 2025-06-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/taxing-the-in-between-gst-implications-on-sale-of-partially-constructed-buildings · By Nupoor Agrawal, Vanshika Gupta · The article discusses a recent Karnataka HC decision holding that transfer of partially constructed building (which is substantially completed) on ‘as is where is’ basis does not amount to deemed supply of construction service.
Unravelling the power of seizure under Section 37A of FEMA · 2025-06-24 · Economic Offences · https://www.lkslaw.com/insights/articles/unravelling-the-power-of-seizure-under-section-37a-of-fema · By Mahendra Singh, Abhinov Vaidyanathan, Medha Roy · The article discusses the scope, interpretation and applicability of Section 37A in different circumstances and safeguards that are required to avoid potential misuse of these extraordinary powers.
Leveraged Buyouts in India · 2025-06-19 · Private Equity & VC · https://www.lkslaw.com/insights/articles/leveraged-buyouts-in-india · A Leveraged Buyout (‘LBO’) is a financial strategy where an investor, typically a private equity (PE) firm, acquires a company primarily using borrowed funds, with the target company’s assets or cash flows used as collateral to secure or repay the debt. The key appeal of an LBO lies in minimizing equity while maximizing return on investment, taking the risk that the business performs well post-acquisition
Hard-locking GSTR-3B: A new compliance milestone and its pitfalls · 2025-06-19 · GST Consultancy · https://www.lkslaw.com/insights/articles/hard-locking-gstr-3b-a-new-compliance-milestone-and-its-pitfalls · By R. Sahana, Derlene Joshna · The article discusses a recent GSTN advisory that stated that beginning with the July 2025 tax period, outward liability in GSTR-3B, auto-populated from GSTR-1/IFF, will be non-editable. It observes that the proposal lacks legal backing and may pose operational challenges.
Navigating fair value adjustments in income tax computations · 2025-06-19 · Direct Tax · https://www.lkslaw.com/insights/articles/navigating-fair-value-adjustments-in-income-tax-computations · By Bharathi Krishnaprasad, Venkat Ramanan, Bhavana Kulluru · The article examines the implications of fair value accounting advocated by the Accounting Standards issued by the ICAI. It delves into the question as to whether the computation of income for the purposes of the Income Tax Act can be made with reference to the fair value accounting carried out in books of accounts.
Battle of the Armours: When ‘Under’ meets ‘Aero’ in trademark turf war · 2025-06-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/battle-of-the-armours-when-under-meets-aero-in-trademark-turf-war · By Kriti Sood, Divya Vishvapriya, Geethanjali KV · The article discusses a recent Delhi High Court decision which not only brings into focus the legal standards applied to determine trademark infringement but also explores the boundaries of protection for globally recognized brands under Indian law.
Understanding the QCO on household · 2025-06-06 · BIS · https://www.lkslaw.com/insights/articles/understanding-the-qco-on-household-commercial-and-electrical-appliances · By Anjali Hirawat, Riya Sinha · In a significant move to bolster consumer safety and enhance the quality of electrical appliances in India, the Department for Promotion of Industry and Internal Trade (‘DPIIT’) has issued the ‘Safety of Household, Commercial and Similar Electrical Appliances (Quality Control) Order, 2025’ (‘QCO’), on 19 May 2025.
Strengthening India’s Export Controls: The critical role of internal compliance programs · 2025-06-03 · Customs · https://www.lkslaw.com/insights/articles/strengthening-india-s-export-controls-the-critical-role-of-internal-compliance-programs · By Srinidhi Ganeshan, Shambhavi Mishra · Examining the legal framework, the SCOMET list including Catch-all Controls, the article discusses as to why export control compliance is crucial. Highlighting the crucial role of Internal Compliance Programs (ICP) and as to what makes a good ICP, the authors observe that an ICP is the need of the hour.
The price puzzle: Unpacking the distinct roles of Reference Price and Minimum Import Price in the Indian trade laws · 2025-06-03 · International Trade and WTO · https://www.lkslaw.com/insights/articles/the-price-puzzle-unpacking-the-distinct-roles-of-reference-price-and-minimum-import-price-in-the-indian-trade-laws · By Devinder Bagia, Nithya S · The article discusses the distinct features of 'Reference Price' and 'Minimum Import Price' mechanisms in the Indian trade laws, clarify the legal and procedural frameworks governing them, and dispel the common misconceptions.
Legal reforms in India’s oil & gas sector to unlock strategic investment potential · 2025-06-02 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/legal-reforms-in-india-s-oil-gas-sector-to-unlock-strategic-investment-potential · By Noorul Hassan, Shrika C · The article discusses how India’s oil and gas industry presents significant opportunities for foreign investors, particularly in the light of India’s rising energy demand. It analyses the key legal reforms under the Oilfields (Regulation and Development) Amendment Act, 2025.
Dead end or detour? Reference to arbitration in MSE disputes · 2025-06-02 · Arbitration · https://www.lkslaw.com/insights/articles/dead-end-or-detour-reference-to-arbitration-in-mse-disputes · By Gopal Machiraju, Krusha Maheshwari · The article discusses the legal framework, rulings, and remedies available to MSEs, focusing on whether a court can appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, when the MSEFC fails to act.
Classification disputes on networking equipment - Forcing a policy change · 2025-05-29 · Customs · https://www.lkslaw.com/insights/articles/classification-disputes-on-networking-equipment-forcing-a-policy-change · By Dhruv Matta, Shobhit Jain · The article discusses a decision regarding classification of small form-factor pluggable (‘SFPs’) in favour of the importer but, highlights that considering a recent press report indicating that the Finance Ministry is considering a 10% BCD on telecom network equipment components.
Retaining Founders: The rise of ‘Rollover Equity’ · 2025-05-27 · General Corporate · https://www.lkslaw.com/insights/articles/retaining-founders-the-rise-of-rollover-equity · By Corporate and M&A Team  · The article discusses the rise of rollover equity which allows the founder to continue as a stakeholder in the business even after selling a majority or controlling interest. It also offers a middle path between a full exit and continued operational involvement. For acquirers, it ensures continuity and helps to reduce integration risks.
Hallmarking Scheme of BIS: Safeguarding the purity of precious metals · 2025-05-20 · BIS · https://www.lkslaw.com/insights/articles/hallmarking-scheme-of-bis-safeguarding-the-purity-of-precious-metals · By Anjali Hirawat, Riya Sinha · The article discusses the legal framework, and procedural aspects relating to the hallmarking scheme of BIS applicable to gold and silver jewellery.
AI for children · 2025-05-20 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/ai-for-children · By TMT Team · The article discusses the legal and regulatory landscape of the use of artificial intelligence (AI) products and services for children in India. The products and services raise critical concerns regarding child safety, data privacy, psychological well-being, and regulatory oversight in India, particularly on account of the lack of appropriate legal frameworks governing AI and children’s digital rights.
To report or not to report, that is the Branch Office question · 2025-05-19 · Transfer Pricing · https://www.lkslaw.com/insights/articles/to-report-or-not-to-report-that-is-the-branch-office-question-1 · By Karanjot Singh Khurana, Tanmay Bhatnagar · The article discusses the applicability of the Transfer Pricing provisions under the Income-tax Act, 1961, and highlights that taxpayers may have to re-examine this position in light of the recent judgment by the Hon’ble Gujarat High Court in the case of Axis Bank Limited.
The rise of GCCs in Hyderabad – A new era of integrated global operations · 2025-05-15 · General Corporate · https://www.lkslaw.com/insights/articles/the-rise-of-gc-cs-in-hyderabad-a-new-era-of-integrated-global-operations · By Hyderabad Corporate Team · Global Capability Centres (‘GCCs’) have become a cornerstone of operational transformation for multinational corporations (‘MNCs’), marking a departure from traditional Business Process Outsourcing (‘BPO’) models which serves multiple clients on transactional basis. These GCCs function as captive units dedicated exclusively to their parent organisations, handling core functions such as technology, analytics, legal, compliance, financial operations, and more. What began as a destination for outsourced back-office support has matured into a strategic ecosystem for high-value GCCs.
Method of supplementing animal feed is not a method of treatment · 2025-05-15 · Intellectual Property · https://www.lkslaw.com/insights/articles/method-of-supplementing-animal-feed-is-not-a-method-of-treatment-high-court-clarifies · By Malathi Lakshmikumaran, Eeshita Das · The article discusses a recent Madras High Court decision holding that a method of supplementing animal feed does not qualify as a method of treatment to render the animal free of disease or to increase their economic value or that of their products as enshrined in Section 3(i) of the Patents Act, 1970.
Celebrity investments in India · 2025-05-14 · General Corporate · https://www.lkslaw.com/insights/articles/celebrity-investments-in-india · By Corporate Team   · The article discusses celebrity investments in India in which the actors, sportspersons, and influencers invest in startups often in sectors aligned with their public image. Celebrities must carefully evaluate the potential risks and rewards of such investments, ensuring alignment with their personal brand values and long-term goals.
Resurrecting the dead: Haryana’s Entry Tax dilemma · 2025-05-06 · Commercial Litigation · https://www.lkslaw.com/insights/articles/resurrecting-the-dead-haryana-s-entry-tax-dilemma · By Yogendra Aldak, Rishav Kumar · The article discusses the history related to the entry tax dispute in Haryana, the questions surrounding legality of the recent Removal of Difficulties order introduced by the Government of Haryana and the present statuswith respect to the instant issue
A missing piece in India’s trade remedy law: Codifying ‘public interest’ · 2025-05-06 · International Trade and WTO · https://www.lkslaw.com/insights/articles/a-missing-piece-in-india-s-trade-remedy-law-codifying-public-interest · By Devinder Bagia, Arpit Mehra  · The article notes that there is absence of express statutory provisions under the India’s AD/CVD laws on how ‘public interest’ should be assessed by the DGTR and the Ministry of Finance. Drawing from the practices of other jurisdictions across the world, the authors also highlight certain criteria which could be adopted by India.
Export refund simplification: Prospective by legislature; retroactive by the courts · 2025-05-05 · GST Consultancy · https://www.lkslaw.com/insights/articles/export-refund-simplification-prospective-by-legislature-retroactive-by-the-courts · By Asish Philip Abraham, Krina Shah · The article highlights the retroactive impact of the amendment relating to export refunds, in the light of recent High Court decisions. The authors note that while GST Council has simplified the export refund process for the future from 2024, the amendment was not made retrospective by the legislature, and hence creating problems.
Unravelling the CCPA: A critical look at its legal framework and implications for businesses · 2025-05-01 · General Corporate · https://www.lkslaw.com/insights/articles/unravelling-the-ccpa-a-critical-look-at-its-legal-framework-and-implications-for-businesses · By Pooja Vijayvargiya, Muskan Khandelwal, Shreyasi Chakraborty · The article discusses the powers, jurisdiction, procedural framework, evolving enforcement trends, and the key challenges businesses face in navigating the CCPA's legal landscape.
CBAM – Key changes via European Commission’s omnibus package · 2025-05-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/cbam-key-changes-via-european-commission-s-omnibus-package · By Anjali Hirawat, Kedar Kokatay · The article discusses the key changes brought about by the Omnibus Package and their implications for carbon emission reporting for Indian exporters.
Gross negligence and wilful misconduct in investment transactions · 2025-04-29 · Private Equity & VC · https://www.lkslaw.com/insights/articles/gross-negligence-and-wilful-misconduct-in-investment-transactions · By Dikshita Damodaran, Jeevesh Jain · The article infers that gross negligence and wilful misconduct, while related, are distinct legal concepts. Pointing out various recommendations to the investors to safeguard against the risks posed by these, the authors note that it is imperative for investors to carefully negotiate and finalize transaction documents that include these terms as defined ‘cause’ events.
Budget 2025: Rationalising Fast Track Mergers · 2025-04-29 · Mergers & Acquisitions · https://www.lkslaw.com/insights/articles/budget-2025-rationalising-fast-track-mergers · By Navyashree R , Krishna Chandak · The article discusses extended category of companies allowed under the Fast Track Merger. Elaborately analysing all the four categories with diagrams, the authors note that the amendment seeks to cover more categories of companies under the FTM process.
Role of Consent Managers: Insights from the Draft Digital Personal Data Protection Rules · 2025-04-23 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/role-of-consent-managers-insights-from-the-draft-digital-personal-data-protection-rules · By Aryashree Kunhambu · The article discusses the defined role, responsibilities and operational contour of a consent managers as provided in the recently issued draft Digital Personal Data Protection Rules, 2025.
Section 194T – A new compliance frontier for partnership firms and LLPs · 2025-04-21 · Direct Tax · https://www.lkslaw.com/insights/articles/section-194t-a-new-compliance-frontier-for-partnership-firms-and-llps · By Ravi Sawana, Samyak Lohade · The article discusses the scope, applicability and key interpretational challenges of Section 194T of the Income-tax Act, 1961 which was inserted by the Finance (No. 2) Act, 2024. According to the authors, this represents a pivotal shift in the tax regime governing payments made by partnership firms and LLPs to their partners but, has number of interpretational issues.
The Risdiplam saga: Delhi High Court adjudicates patent infringement suit between Roche and Natco · 2025-04-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-risdiplam-saga-delhi-high-court-adjudicates-patent-infringement-suit-between-roche-and-natco · By Vindhya S. Mani, Harshita Agarwal, Surbhi Nautiyal · The article discusses a recent decision of the Delhi High Court in a patent infringement suit between Roche and Natco. The authors believe that the decision, particularly the analysis of inventive step, may be wanting, especially in applying the concept of ‘bioisosterism’.
Not all marks are created equal: The curious case of distinctiveness · 2025-04-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/not-all-marks-are-created-equal-the-curious-case-of-distinctiveness · By Divya Vishvapriya, Kriti Sood · The article discusses how the Courts are increasingly realizing that distinctiveness in trademarks may not necessarily be inherent, it can also be created via use. It examines these changing interpretations, concentrating on significant rulings that have influenced India’s trademark protection laws.
RBI releases Draft Trade Regulations and Directions 2025 governing export and import · 2025-04-15 · General Corporate · https://www.lkslaw.com/insights/articles/article-2 · By Asish Philip Abraham, Pratyush Jain, Priyanshi Rachchh · As a part of enhancing the ease of doing business and for providing greater flexibility to exporters and importers, the Reserve Bank of India (‘RBI’) proposes to rationalise the export and import regulations
Ensuring compliance: Enforcement and search & seizure powers of the Bureau of Indian Standards · 2025-04-14 · BIS · https://www.lkslaw.com/insights/articles/ensuring-compliance-enforcement-and-search-seizure-powers-of-the-bureau-of-indian-standards · By Anjali Hirawat, Riya Sinha, Jhanvi Arora · The search and seizure powers vested in BIS play a crucial role in ensuring the integrity of products available in the Indian market. The article highlights the legal framework, procedural aspects, and case studies relating to enforcement mechanisms and search & seizure powers of the Bureau of Indian Standards.
Quantitative restrictions on imports of metallurgical coke affirmed · 2025-04-09 · International Trade and WTO · https://www.lkslaw.com/insights/articles/quantitative-restrictions-on-imports-of-metallurgical-coke-affirmed · By Ankur Sharma, Nikita Chauhan · The Delhi High Court has recently held that quantitative restrictions imposed under Section 9A of the Foreign Trade (Development and Regulation) Act, 1992 are not subject to the transitional arrangements outlined in Paragraph 1.05(b) of the Foreign Trade Policy. The article notes that the improbability of relying on pre-existing Irrevocable Commercial Letters of Credit in instances where safeguard investigations are ongoing or anticipated, will lead to greater unpredictability.
Supreme Court expands definition of 'manufacturing process' · 2025-04-07 · General Corporate · https://www.lkslaw.com/insights/articles/supreme-court-expands-definition-of-manufacturing-process · By Pooja Vijayvargiya, Shreyasi Chakraborty · This article analyses the judgment, the Supreme Court's observations, and its impact and implications that businesses, typically restricted to service-oriented activities, must take note of.
Reciprocal Tariffs by the US: Impacts and strategies for India · 2025-04-07 · International Trade and WTO · https://www.lkslaw.com/insights/articles/reciprocal-tariffs-by-the-us-impacts-and-strategies-for-india · By Devinder Bagia · Reciprocal tariff is a type of tariff where one country imposes a tariff on imports from another country, and in response, the second country imposes a similar tariff on imports from the first country. In this article the author discusses the reciprocal tariffs by the US and what are the impacts and strategies for India.
The conundrum of ‘appropriate government’ under labour laws for CPSUs · 2025-04-04 · Employment Law · https://www.lkslaw.com/insights/articles/the-conundrum-of-appropriate-government-under-labour-laws-for-cpsus · By Kumar Panda · The article discusses elaborately the issue of ‘appropriate government’ under the labour laws concerning the Central Public Sector Undertakings. Discussing the prevailing controversy, the author notes that the ambiguity or overlapping of jurisdictions is expected to be rectified once the longstanding Labour Codes are implemented.
Recombinant Salmonella is a ‘discovery’ under Section 3(c) · 2025-03-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/recombinant-salmonella-is-a-discovery-under-section-3-c-rules-delhi-high-court · By Malathi Lakshmikumaran, Supriya Ramacha · The article discusses the recent decision of Delhi High Court in the which the court upheld the Controller’s decision to refuse a patent application for not being patentable subject matter as amounting to ‘discovery’ under Section 3(c) of the Indian Patents Act, 1970 and for failing to meet the requirements of sufficiency under Sections 10(4) and 10(5) of the Act.
Restaurant services at specified premises: Past continues to haunt · 2025-03-19 · GST Consultancy · https://www.lkslaw.com/insights/articles/restaurant-services-at-specified-premises-past-continues-to-haunt · By Shubham Vijay, Devang Kaimathiya · Applicable rate on restaurant services is based on the ‘declared tariff’ of the hotel. After the changes made by the 55th GST Council meeting, it is important that CBIC issues a clarification for the past period to resolve the ambiguity between ‘declared tariff’ and ‘value of supply’.
The ‘Interest’ing conundrum – Navigating taxation of interest earned from idle project funds · 2025-03-17 · Direct Tax · https://www.lkslaw.com/insights/articles/the-interest-ing-conundrum-navigating-taxation-of-interest-earned-from-idle-project-funds · By Harshit Khurana, Sonali Bansal, Devanshi Khurana · To secure funds for certain ventures requiring a substantial upfront capital outlay, companies often resort to issuing shares or incurring debt. However, when these funds are not immediately deployed, companies invest these idle funds in interest-bearing securities. The article discusses the issue of taxability of the interest income generated from these securities.
Deregulation: Redefining regulatory boundaries – EoDB 2.0 · 2025-03-12 · Regulatory · https://www.lkslaw.com/insights/articles/deregulation-redefining-regulatory-boundaries-eodb-2-0 · By Asish Philip Abraham, Astha Sinha, Simran Chetwani · The Economic Survey 2025 has given a direction for the next wave of reforms in relation to ease of doing business with quantitative parameters to access the effectives of current regulations. Further, the Union Budget 2025 has taken various steps in this direction. The article examines the need for and impact of deregulation in the light of the Economic Survey and Union Budget of 2025.
A comprehensive analysis of the e-commerce guidelines by BIS · 2025-03-10 · BIS · https://www.lkslaw.com/insights/articles/a-comprehensive-analysis-of-the-e-commerce-guidelines-by-bis · By Jhanvi Arora, Rahul Limaye · The article discusses the key aspects of e-commerce guidelines by BIS issued earlier this year and notes some strategic implications for Indian businesses. According to the authors, for India’s e-commerce ecosystem continues to grow, these Guidelines may influence future mandatory regulations, making early compliance a strategic advantage rather than a regulatory obligation.
India’s unwavering efforts to promote and protect the electronics manufacturing in India · 2025-03-07 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-s-unwavering-efforts-to-promote-and-protect-the-electronics-manufacturing-in-india · By Pareesha Gupta · This article discusses the Government’s initiatives towards the development of the electronic sector and the actions of the Indian Government to protect the Indian producers of electronic goods from unfairly priced imports. It also highlights some actions taken by the developed countries like EU and USA to protect their domestic producers in this sector.
Treatment of unsubscribed portion of rights issue – Analysing the grey areas and amendments to Master Direction: Foreign investment in India · 2025-03-06 · Securities Law · https://www.lkslaw.com/insights/articles/treatment-of-unsubscribed-portion-of-rights-issue-analysing-the-grey-areas-and-amendments-to-master-direction-foreign-investment-in-india · By Noorul Hassan, Aman Gupta, Krishna Chandak · The rights issue is one of the methods to raise share capital by a company. The article analysis the concept of renunciation and disposal of unsubscribed shares with a special focus on non-residents in the light of the recent amendment in the FDI Master Direction on Foreign Investment in India.
Analysis of retrospective applicability of Black Money Act qua persons who were residents but not ordinarily residents and non-residents in FY 2015-16 · 2025-03-05 · Economic Offences · https://www.lkslaw.com/insights/articles/analysis-of-retrospective-applicability-of-black-money-act-qua-persons-who-were-residents-but-not-ordinarily-residents-and-non-residents-in-fy-2015-16 · By S. Sriram, Dinesh Kukreja · The persons who were non-residents in FY 2015-16 cannot be said to be at fault and made subject to the draconian deeming fiction provided in Section 72(c) of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The said legal position will also apply in the case of residents but not ordinarily residents in FY 2015-16.
ISD implementation challenges – Whether amended ISD provisions have settled the open issues or opened new pandora box? · 2025-03-05 · GST Consultancy · https://www.lkslaw.com/insights/articles/isd-implementation-challenges-whether-amended-isd-provisions-have-settled-the-open-issues-or-opened-new-pandora-box · By Asish Philip Abraham, Apeksha Bansal · With a month around a corner to implement ISD, it is imperative for the companies to understand the basics of ISD, evaluate the applicability of ISD for common input services, supplies attracting reverse charge, distribution in relation to SEZ and implement the mechanism for smooth transition. This article focuses on some practical aspects related to ISD implementation.
An attempt to statutorily mediate the operational creditor dues · 2025-03-05 · Commercial Litigation · https://www.lkslaw.com/insights/articles/an-attempt-to-statutorily-mediate-the-operational-creditor-dues · By Raghavan Ramabadran, Krithika Jaganathan, Shwetha Vasudevan · The Insolvency and Bankruptcy Board of India has recently come up with a proposal for the parties involved in an operational creditor application to explore mediation under the provisions of the Mediation Act, 2023. The authors note that the proposal will reduce the burden on the Adjudicating Authority, since the non-settlement report would capture any admission or dispute of debts as claimed by the operational creditor.
Union Budget 2025: Transfer Pricing Reforms - More Loopholes than Solutions? · 2025-03-03 · Direct Tax · https://www.lkslaw.com/insights/articles/union-budget-2025-transfer-pricing-reforms-more-loopholes-than-solutions · By Harshit Khurana, Loveena Manaktala, Siddharth Chowdhry · The article discuss the amendment, the potential issues needing clarification and also the global practices being followed for transfer pricing compliance and assessments.
Industry Standards Note on Regulation 30 of SEBI LODR: Clarification of Disclosure Norms · 2025-03-03 · Securities Law · https://www.lkslaw.com/insights/articles/industry-standards-note-on-regulation-30-of-sebi-lodr-clarification-of-disclosure-norms · By Asish Philip Abraham, Simran Chetwani · The article discusses the Industry Standards Note on Regulation 30 of SEBI LODR, which clarifies the certain ambiguous disclosure requirements under SEBI LODR and seeks to cure the operational challenges and avoid information asymmetry and this will impact on the quarterly reporting requirements and time to time disclosures to be made by listed companies. This Note effectually makes the disclosure requirements ‘qualitative’ rather than ‘quantitative’ under Regulation SEBI LODR.
India’s vision for global dominance – Incentivising domestic manufacturing and export promotion · 2025-02-21 · Customs · https://www.lkslaw.com/insights/articles/india-s-vision-for-global-dominance-incentivising-domestic-manufacturing-and-export-promotion · By Asish Philip Abraham, Antara Bhide, Priyanshi Rachchh, Simran Chetwani, Aastha Sahay, Anjali Hirawat · The article discusses the key takeaways of the Union Budget 2025 in relation to the Government’s ‘Make in India’ initiative. The Government has sought to further strengthen and boost domestic manufacturing in India and promote export and employment in key sectors like textiles, shipment, toys, electronic vehicles and leather.
Unveiling the right to challenge assessments: Is consent the end? · 2025-02-21 · Customs · https://www.lkslaw.com/insights/articles/unveiling-the-right-to-challenge-assessments-is-consent-the-end · By Akhilesh Kangsia, Apoorva Parihar, Nandita Reddy · The article discusses the recent decision of the Delhi High Court in Niraj Silk Mills which has (re)triggered the debate over the significance of ‘consent’ given at the time of assessment of bill of entry or shipping bill, be it regarding rate of duty / valuation / classification. It focuses on the critical aspect of whether an assessee can challenge an assessment even after giving consent / acceptance in writing.
The battle of the ZEOs: Mahindra’s trademark gets the green light · 2025-02-20 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-battle-of-the-zeos-mahindra-s-trademark-gets-the-green-light · By Kriti Sood, Chhavi Dhawan · The Single Judge of the Delhi High Court has rejected claims of trademark infringement and refused a plea seeking to restrain Mahindra Last Mile Mobility Ltd. from selling its electric vehicle under the trademark ‘eZEO’. The dispute was over the trademarks ‘EZIO’ and ‘eZEO’ and highlights the importance of the test of passing off, brand identity, first in the market advantage and weight of established reputation.
Principle of Comity: Answer to the conflict in concurrent jurisdiction · 2025-02-19 · Commercial Litigation · https://www.lkslaw.com/insights/articles/principle-of-comity-answer-to-the-conflict-in-concurrent-jurisdiction · By Yogendra Aldak, Pranav Mundra, Rashi Srivastava · The article elaborately discusses the Principle of Comity. Citing various decisions and discussing international jurisprudence, it notes that an orderly disorder has crept into various statutes where multiple authorities have concurrent jurisdiction to decide the same issue and such authorities choose to exercise the same simultaneously, leading to conflicting orders. has context menu
Capital reduction: End of the road for taxpayer fate? · 2025-02-19 · Direct Tax · https://www.lkslaw.com/insights/articles/capital-reduction-end-of-the-road-for-taxpayer-fate · By Varshini U.J · The Supreme Court recently held that the complete reduction of capital (resulting in cancellation of shares) amounts to ‘transfer’ in terms of Section 2(47) of the Income Tax Act, 1961 and the consequent payout would be exigible to tax under the head capital gains. The article attempts to explore the possible fate of the taxpayers to claim capital loss in a scenario where no payout is received pursuant to a reduction in share capital.
Dawn of new era of provisional assessments under Customs Section 18 · 2025-02-12 · Customs · https://www.lkslaw.com/insights/articles/dawn-of-new-era-of-provisional-assessments-under-customs-section-18 · By Anurag Kapur, Rubel Bareja, Anisha Arya · The article discusses a recent proposed amendment in Section 18 of the Customs Act that appears promising on ease of business. On deeper analysis, however, it does pose various questions, as the consequences of non-fulfilment of the timelines proposed are not specified.
Union Budget 2025 – Tax treatment of securities held by AIF (CAT I and II) in India · 2025-02-11 · Direct Tax · https://www.lkslaw.com/insights/articles/union-budget-2025-tax-treatment-of-securities-held-by-aif-cat-i-and-ii-in-india · By S. Vasudevan, Ravi Sawana · The article discusses Alternate Investment Funds (AIFs), which are privately pooled investment vehicles which collect funds from investors, whether Indian or foreign, for investing in certain class of securities. It examines their special taxation regime, the issues with the current provisions, the proposed amendments, and the impacts of these amendments after the Finance Bill, 2025.
Amnesty Scheme for Advance Authorization / EPCG: No penalty for export obligation defaults after regularization · 2025-02-10 · Customs · https://www.lkslaw.com/insights/articles/amnesty-scheme-for-advance-authorization-epcg-no-penalty-for-export-obligation-defaults-after-regularization · By Srinidhi Ganeshan, Kratik Patni · The article discusses the Amnesty Scheme, which offers the exporters a one-time opportunity to regularize defaults in export obligations under the Advance Authorization and EPCG schemes. It notes that the loophole of absence of any mention of penalty waiver was cited by Customs Authorities to demand penalty but, recently the CESTAT has held to the contrary.
Union Budget 2025: Navigating the new presumptive tax landscape for non-residents · 2025-02-10 · Direct Tax · https://www.lkslaw.com/insights/articles/union-budget-2025-navigating-the-new-presumptive-tax-landscape-for-non-residents · By Harshit Khurana, Sonali Bansal · The article discusses the scope of the new presumptive taxation scheme which has been proposed for non-residents engaged in providing services or technology in India for setting up electronics manufacturing facility or manufacturing electronic products in India. It discusses the issues which need clarification for the application of the scheme.
Beyond borders: The challenge of transnational subsidies in global trade · 2025-02-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/beyond-borders-the-challenge-of-transnational-subsidies-in-global-trade · By Abhishek Tripathi · The article addresses the issue of transnational subsidies in global trade across three sections. The first section examines the present framework of the SCM Agreement. The second section focuses on developments in the European Union (EU) and the United States of America (USA). Finally, the third section discusses the way forward for India.
Rent/lease agreements – Enforceability of lock-in period · 2025-02-07 · General Corporate · https://www.lkslaw.com/insights/articles/rent-lease-agreements-enforceability-of-lock-in-period · By Archit Gupta, Anusha Mohapatra · Typically, parties to a rent/lease agreement insert a lock-in period to ensure that either party is unable to terminate the agreement before the stipulated period. Such agreements also incorporate a provision for liquidated damages in the form of rent for the remainder of the lock-in period. The article discusses the jurisprudence on ‘liquidated damages’ in India and its effect on the lock-in-period.
Interactive flat panel displays: Budget 2025 kindles a curiosity · 2025-02-07 · Customs · https://www.lkslaw.com/insights/articles/interactive-flat-panel-displays-budget-2025-kindles-a-curiosity · By Jyoti Pal, Srishty Bajaj, Ashwani Bhatia · The article discusses the classification and the rate of customs duty on Interactive Flat Panel Displays (IFPDs) as announced in Budget 2025. The authors note that while there is an increase of BCD rate from 10% to 20% on goods classifiable under Tariff Item 8528 59 00, the IFPDs should be correctly classifiable under Heading 8471.
Laboratory chemicals and Budget 2025: Examining the change · 2025-02-07 · Customs · https://www.lkslaw.com/insights/articles/laboratory-chemicals-and-budget-2025-examining-the-change · By Srinidhi Ganeshan, Akshay S. Deokule · The article discusses on changes made in the Budget 2025 in regards of laboratory chemicals which is covered under Heading 9802 of the Customs Tariff in India, a part of Chapter 98 which is unique to India.
CCI raises scrutiny of minority investments · 2025-02-04 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/cci-raises-scrutiny-of-minority-investments · By Neelambera Sandeepan, Charms Mathews, Shambhavi Sirothia · The article discusses a recent decision of the CCI wherein the Competition Commission penalised an Investment Management company and dismissed the claim that subscription to convertible securities should receive differential treatment from acquisition of shares. The CCI was also not persuaded by the argument that the rights package was available to all investors, and should therefore, be considered ordinary shareholder rights.
Continuing dilemma- Over classification of parts and accessories of motor vehicles · 2025-02-04 · Customs · https://www.lkslaw.com/insights/articles/continuing-dilemma-over-classification-of-parts-and-accessories-of-motor-vehicles · By Srinidhi Ganeshan, Neha Agrawal · This article analyses the recent judgment delivered by the Kerala High Court in the case of Auto Fit Car Interiors Pvt. Ltd. v. Union of India & Ors., concerning classification of car seat cover and steering cover, made up of textile fabrics and cotton handloom fabrics and its entitlement under Merchandise Exports from India Scheme (MEIS).
Reconciling labelling requirements applicable under various Rules and Regulations for goods imported into India · 2025-01-30 · Customs · https://www.lkslaw.com/insights/articles/reconciling-labelling-requirements-applicable-under-various-rules-and-regulations-for-goods-imported-into-india · By Srinidhi Ganeshan, Anaya Bhide · Certain labelling laws target goods by category - food, drugs, etc., while there are others which target goods based on other aspects like form of packaging (LM Rules) or applicability of quality standards (BIS). As ambit of these laws is varied, a single product might require complying with labelling requirements set out in more than one law. Hence, the labelling requirements prescribed under different laws for the same product is required to be examined.
NCLAT Stays CCI Order - Gives a ‘Blue Tick’ to Messaging Major to Continue Sharing User Data · 2025-01-30 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/nclat-stays-cci-order-gives-a-blue-tick-to-messaging-major-to-continue-sharing-user-data · By Charanya Lakshmikumaran, Neelambera Sandeepan · The article discusses the recent partial stay granted by the NCLAT to the direction issued by the Competition Commission of India to WhatsApp LLC, prohibiting it from sharing user data collected on its Over-the-Top messaging app on the smartphones (WhatsApp application) with other Meta companies for advertising purposes.
Are there still broken links in taxation of ‘Broken Period Interest’? · 2025-01-22 · Direct Tax · https://www.lkslaw.com/insights/articles/are-there-still-broken-links-in-taxation-of-broken-period-interest · By Prachi Bhardwaj, Karanjot Singh Khurana, Loveena Manaktala · The article highlights that while the recent judgment of Supreme Court in Bank of Rajasthan has put to rest the controversy in context of investments made by banks in government securities, the taxability of Broken Period Interest for other taxpayers is far from settled.
Interest on IGST: Decision of Mahindra & Mahindra and subsequent legal developments · 2025-01-14 · Customs · https://www.lkslaw.com/insights/articles/interest-on-igst-decision-of-mahindra-mahindra-and-subsequent-legal-developments · By Srinidhi Ganeshan, Shobhit Jain, Madhur Azad · The article discusses the Bombay High Court in the case of Mahindra & Mahindra which had ruled that as there is no substantive provision in Section 3 of the CTA that provides for payment of penalty or interest on duty other than BCD, penalty/interest payable on CVD/SAD is not recoverable. The author discusses the subsequent changes by the Finance (No.2) Act, 2024 and how the issues has now been referred to the Larger Bench.
Decoding Conformity Assessment Scheme-II of BIS – The Registration Scheme · 2025-01-13 · BIS · https://www.lkslaw.com/insights/articles/decoding-conformity-assessment-scheme-ii-of-bis-the-registration-scheme · In the previous issue of LKS BIS Amicus, we threw light upon various aspects of the Product Certification Scheme, i.e. Scheme-I of the Bureau of Indian Standards (BIS). The next Scheme listed under the BIS (Conformity Assessment) Regulations, 2018 is Scheme-II, also known as the Registration Scheme, and involves self-declaration of conformity. Till date, BIS has issued 6 QCOs under this scheme, covering a total of 73 products.
India imposes Quantitative Restrictions on imports of Metallurgical Coke · 2025-01-07 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-imposes-quantitative-restrictions-on-imports-of-metallurgical-coke · By Ankur Sharma · The article discusses at length the recent decision of the Ministry of Commerce to impose quantitative restrictions on imports of Low Ash Metallurgical Coke which is a crucial raw material for the steel industry that follows production through the blast furnace route. Analysing the notification and the subsequent DGFT Trade Notice, the author discusses various hardships which will be faced by the steel industry...
Adoption of Artificial Intelligence in the FinTech sector: A regulatory overview · 2025-01-06 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/adoption-of-artificial-intelligence-in-the-fintech-sector-a-regulatory-overview · By Sameer Avasarala, Aryashree Kunhambu · The article discusses how Banks and financial institutions are leveraging AI in the financial sector for customer onboarding, periodic monitoring, customer engagement, credit risk assessment, cybersecurity and compliance. The authors also discuss the regulatory and compliance risks like issues related to intellectual property, transparency, accountability, contractual risks, data privacy, and cyber risks.
Laboratory Chemicals: Challenges posed by this unique entry in Indian Tariff · 2025-01-02 · Customs · https://www.lkslaw.com/insights/articles/laboratory-chemicals-challenges-posed-by-this-unique-entry-in-indian-tariff · By Ratan Jain, Srinidhi Ganeshan · The article discusses a recent change in the definition of ‘Laboratory chemicals’. Elaborately stating the triggering point for the amendment, the true meaning of the term, what is ‘own use’, and the primacy of classification under Heading 9802, the authors state that in its current form, the definition could be a breeding ground for future disputes. According to them, the Government should consider amending the entry of laboratory chemicals to restrict it to certain situations.
IGST on FTWZ transactions: Retrospective amendment to put dichotomy to rest · 2025-01-01 · Customs · https://www.lkslaw.com/insights/articles/igst-on-ftwz-transactions-retrospective-amendment-to-put-dichotomy-to-rest · By Ratan Jain, A. Rangarajan · The article discusses a recent recommendation of the GST Council in respect of transactions by Free Trading and Warehousing Zones (‘FTWZs’) within their premises, i.e. without exporting or clearing the goods in the Domestic Tariff Area. The authors elaborately discuss the conflict in the light of different AAR Rulings, including the use of different methods of interpretation (strict and purposive) for this purpose.
Pandora’s box of income-tax implications arising from 2014 amendment to Employee Pension Scheme · 2024-12-20 · Direct Tax · https://www.lkslaw.com/insights/articles/pandora-s-box-of-income-tax-implications-arising-from-2014-amendment-to-employee-pension-scheme-1995 · By Samyak Navedia · The article discusses certain unforeseen income-tax implications, on the monies that would be contributed to the Pension Fund, as well as monies that would be receivable from the Pension Fund and Provident Fund. The discussion is limited to the income-tax liability in the hands of the employees on, transfer of balances from PF Scheme to Pension Scheme, contribution to the Pension Scheme from PF Scheme, and on receipt of pension from the Pension Scheme at the time of retirement.
Patentability of computer related inventions – Court’s inconsistent approach underscores complexity but creates uncertainty · 2024-12-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/patentability-of-computer-related-inventions-court-s-inconsistent-approach-underscores-complexity-but-creates-uncertainty · By Jaya Pandeya, Ankur Garg, Prabhat Kumar · The Delhi High Court, in two of its recent decisions, demonstrated disparate approaches of assessing patentability of computer related inventions (CRIs) under Section 3(k) of the Patents Act, 1970. Discussing the two decisions, the article highlights that this underscores the complexity and nuanced nature of assessing patentability of CRIs under the Indian patent law.
The number game – Alphanumeric and numeral trademarks · 2024-12-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-number-game-alphanumeric-and-numeral-trademarks · By Vindhya S. Mani, Shivangi Rajan, Radhika Deekshay · The article discusses a recent dispute wherein a well-known Indian airline has instituted a trademark infringement suit against a reputed Indian car manufacturer, over the use of its alphanumeric mark ‘6E’. Elaborately discussing as to what are alphanumeric and numeral marks, their registrability, Trade Mark Registry’s approach to distinctiveness, and jurisprudence on conflicts over such marks, the authors note that…
Ensuring compliance with the Product Certification Scheme of BIS · 2024-12-10 · BIS · https://www.lkslaw.com/insights/articles/ensuring-compliance-with-the-product-certification-scheme-of-bis · By LKS BIS Team  · The article throws light on the essential elements of Scheme-I of the BIS (Conformity Assessment) Regulations, 2018, also known as the Product Certification Scheme of BIS. Elaborately discussing the procedures, the authors state that while the procedural aspects demand meticulous compliance, the benefits certainly outweigh.
The UK CBAM: Carbon conundrum at the crossroads of trade and sustainability · 2024-12-05 · International Trade and WTO · https://www.lkslaw.com/insights/articles/the-uk-cbam-carbon-conundrum-at-the-crossroads-of-trade-and-sustainability · By Ankur Sharma, Nikita Chauhan · The article highlight the Indian businesses need to become proactive in understanding the legal obligations, compliance requirements, and commercial implications of the UK CBAM, and assess the same in advance so that they can give a clear picture to their customers in UK on the potential CBAM exposure.
Navigating the challenges of Quick Commerce: Can Indian regulatory framework keep up? · 2024-12-03 · General Corporate · https://www.lkslaw.com/insights/articles/navigating-the-challenges-of-quick-commerce-can-indian-regulatory-framework-keep-up · By  Shreyasi Chakraborty · The article explores the legal challenges within the Quick Commerce sector, evaluates India's regulatory readiness, and highlights key legal considerations for these platforms. It is essential to note that these challenges primarily arise owing to the unique features of quick Commerce being supply through dark stores and complex ownership structures. The authors also highlight some potential considerations and solutions.
Extending ‘employee’ status to Gig Workers – Implications of employee misclassification · 2024-12-02 · General Corporate · https://www.lkslaw.com/insights/articles/extending-employee-status-to-gig-workers-implications-of-employee-misclassification · By  Bhagwati Tiwari · Elaborately analysing the recent Karnataka HC decision, the authors raise a pertinent question - if the driver-partners can be considered employees of the cab aggregator for the purposes of PoSH Act, basis the level of control and supervision wielded by the cab aggregator, why not for the purposes of employee compensation, state insurance, provident fund, gratuity, leaves, protection as a workman, etc.
Blocking of ITC ledger: The havoc of Rule 86A · 2024-11-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/blocking-of-itc-ledger-the-havoc-of-rule-86a · By Shrishti Agarwal · The article discusses Rule 86A of the CGST Rules, which empowers the department to block ITC ledger in cases involving fake ITC. Observing that greater the power, the more dangerous the abuse; and it is no different in the case of said Rule, the authors deliberate on various case law on number of issues including on ‘borrowed satisfaction’, ‘temporary measure’, ‘negative blocking’, etc.
Taxability of sale consideration retained in escrow: A conundrum · 2024-11-22 · Direct Tax · https://www.lkslaw.com/insights/articles/taxability-of-sale-consideration-retained-in-escrow-a-conundrum · By Tanmay Bhatnagar  , Snehal Shukla, Avar Lamba · Ordinarily in the case of a sale, the price received by a seller should be taken as the ‘full value of the consideration’ for calculating capital gains. However, a legal quandary arises in the cases where a portion of the consideration is retained in an escrow account. Taking note of various case law, the article ponders over the questions as to whether such retained amount falls within the purview of ‘full value of the consideration’ and what would be the year of its taxation
Maneuvering the expedited routes of patent prosecution – IPO · 2024-11-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/maneuvering-the-expedited-routes-of-patent-prosecution-ipo-epo-and-uspto · By Malathi Lakshmikumaran, Pooja Bawari,  Archana Viswanathan · Bearing in mind the existing provisions for expedited examinations, the article focuses on key routes available at the Indian Patent Office (‘IPO’) compared with the European Patent Office (‘EPO’) and the United States Patent and Trademark Office (‘USPTO’).
Bridging the Divide in Indian Biodiversity Law · 2024-11-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/bridging-the-divide-in-indian-biodiversity-law · By Malathi Lakshmikumaran · The Biological Diversity (Amendment) Act, 2023, and the Biological Diversity Rules, 2024, which will come into effect after 21 December 2024, provide an orchestration for management of India’s biological resources with due consideration to the interests of stakeholders as well as the local communities.
Understanding the Conformity Assessment Schemes of BIS · 2024-11-13 · BIS · https://www.lkslaw.com/insights/articles/understanding-the-conformity-assessment-schemes-of-bis · By LKS BIS Team  · The article highlights ten distinct conformity assessment schemes, each aimed at facilitating compliance with Indian Standards (IS) across various sectors and analysis their legal scope, and significant updates.
Fact Check Unit amendment invalidated – Intermediaries in the line · 2024-11-07 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/fact-check-unit-amendment-invalidated-intermediaries-in-the-line · By Aryashree Kunhambu · The article discusses a recent decision of the Bombay High Court striking down the amendment to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The Rule required intermediaries to remove content relating to Government business flagged by an Fact Checking Unit as fake, false, or misleading.
Provisional anti-dumping measures in India – Overview of the law and practice · 2024-11-07 · International Trade and WTO · https://www.lkslaw.com/insights/articles/provisional-anti-dumping-measures-in-india-overview-of-the-law-and-practice · By  Nithya S · The article discusses the law and practice surrounding the provisional anti-dumping measures in India. It elaborately analyses the legal provisions, timelines for imposition of provisional anti-dumping duty (‘ADD’), and a few other practical aspects relating to imposition of such duty.
Applicability of Doctrine of Merger between intimation under Section 143(1) and assessment order under Section 143(3) · 2024-10-22 · Direct Tax · https://www.lkslaw.com/insights/articles/applicability-of-doctrine-of-merger-between-intimation-under-section-143-1-and-assessment-order-under-section-143-3 · By Abhinov Vaidyanathan , Bhavana Kulluru · The article in this issue of Direct Tax Amicus discusses the issue of whether an intimation under Section 143(1) of the Income Tax Act, 1961 will automatically merge with an assessment order under Section 143(3). Considering various decisions of the ITAT, the authors note that it can be inferred that a strait jacket formula cannot be adopted for applying the Doctrine of Merger.
The crocodile conundrum: Lacoste v. Crocodile International explained · 2024-10-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-crocodile-conundrum · By Vindhya S. Mani, Nabanita Mallick , Radhika Deekshay · The article discusses the recent judgement of Lacoste & Anr. v. Crocodile International Pte Ltd. Wherein the Delhi High Court ruled upon a two-decade long conflict between so-called ‘mirror’ logos of a crocodile/ saurian. The judgment also highlights the test of the various principles and procedures, which lie in disputes that are subject to trial.
With great influence comes great responsibility: Trademark disparagement · 2024-10-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/with-great-influence-comes-great-responsibility-trademark-disparagement · By Vindhya S. Mani, Kriti Sood , Chhavi Dhawan · The article discusses the recent decision of Delhi High Court of Zydus Wellness Products Limited v. Prashant Desai . The court highlights the importance of Social Media Influencers to avoid commenting on topics outside the realm of their expertise.
Standards and Quality Control Orders: The backbone of India’s quality revolution · 2024-10-14 · BIS · https://www.lkslaw.com/insights/articles/standards-and-quality-control-orders-the-backbone-of-india-s-quality-revolution · By LKS BIS Team  · Indian Standards and Quality Control Orders can have far-fetched implications for businesses manufacturing or importing goods and services in the Indian market. This article explores various provisions vis-à-vis the same and discusses the mandatory nature of QCOs, their applicability on imported goods, and various case law.
Fast Track Merger: Regional Director does not have power to reject the Scheme · 2024-10-04 · General Corporate · https://www.lkslaw.com/insights/articles/fast-track-merger-regional-director-does-not-have-power-to-reject-the-scheme · By Asish Philip Abraham,  Bhusan Porwal , Aastha Sahay · The article provides a detailed discussion of a recent Bombay High Court decision in Asset Auto v. UoI, which reviews the discretionary power provided to the Regional Director of the central government in respect of fast-track mergers provided under Section 233 of the Companies Act, 2013. According to the High Court, the Regional Director does not have the power to outrightly reject the scheme.
Anti-absorption measures: India’s foray into strengthening its anti-dumping enforcement · 2024-10-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/anti-absorption-measures-india-s-foray-into-strengthening-its-anti-dumping-enforcement · By Pareesha Gupta · The article briefly discusses the first anti-absorption investigation conducted by India on Polyethylene Terephthalate (‘ PET ’) imported from China PR. It briefly touches upon the concept of anti-absorption with a lucid example. Next, it discusses few issues which arose in this investigation, and closes by summarizing the implications of enforcing anti-absorption measures generally and, in particular, on PET.
Fate of Indirect Transfer Tax post Tiger Global judgment – Will it add hurdles for MNEs? · 2024-09-20 · Direct Tax · https://www.lkslaw.com/insights/articles/fate-of-indirect-transfer-tax-post-tiger-global-judgment-will-it-add-hurdles-for-mnes · By Harshit Khurana, Devanshi Khurana · The article highlights the impact of Tiger Global judgment on taxation of indirect transfer of shares of an Indian company where grandfathering benefit is not available. The authors state that the decision may pose hurdles in cases where grandfathering benefit is not available.
Taxation of real estate transactions: A post-budget analysis · 2024-09-11 · Direct Tax · https://www.lkslaw.com/insights/articles/taxation-of-real-estate-transactions-a-post-budget-analysis · By Devashish Jain, Karanjot Singh Khurana, Kanika Jain · The article summarises the amendments related to capital gains tax made to simplify the characterization of long-term assets, computation of gains and application of tax rates which will have a significant impact on taxpayers transferring their capital assets on or after 23 July 2024. The authors also highlight key aspects which warrant taxpayers’ attention.
Anti-Dilution – Balancing the ills of a Down Round · 2024-09-06 · Private Equity & VC · https://www.lkslaw.com/insights/articles/anti-dilution-balancing-the-ills-of-a-down-round · By Shipra Verma · The article discusses the anti-dilution rights which is the most common armour provided to investors against a down round funding raised by any company. These can be exercised in two ways - the first being full ratchet anti-dilution protection while the second is weighted average method of computation.
Standing of applicant to constitute Domestic Industry – Standard of discretion · 2024-09-04 · International Trade and WTO · https://www.lkslaw.com/insights/articles/standing-of-applicant-to-constitute-domestic-industry-standard-of-discretion · By Jharna Agarwal · Under Indian anti-dumping law and practice, the qualification of the applicant domestic producers to constitute the domestic industry is sometimes a contested issue. The article in this issue of International Trade Amicus discusses some of the relevant jurisprudence on the issue of the DGTR’s discretion in determining the standing of a producer(s) under the relevant provisions.
Flew too close to the Sun: The impact of abolishment of Angel Tax in India · 2024-08-27 · Direct Tax · https://www.lkslaw.com/insights/articles/flew-too-close-to-the-sun-the-impact-of-abolishment-of-angel-tax-in-india · By Karanjot Singh Khurana, Dewang Chauhan · The article discusses the recent abolition of Angel Tax. According to the authors, if the tax officers don’t show restraint in taxing the capital investment, the intended relief may not come and the tax bills may just increase due to high tax rates.
Comparative analysis: Navigating RBI’s Draft Trade Regulations and Directions · 2024-08-23 · General Corporate · https://www.lkslaw.com/insights/articles/comparative-analysis-navigating-rbi-s-draft-trade-regulations-and-directions · By Asish Philip Abraham,  Pratyush Jain , Priyanshi Rachchh · The article covers major changes that are proposed to be implemented upon the final release of the Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2024 and the draft direction on export of goods and services. The Reserve Bank of India has invited public comments and feedback on the Draft Trade Regulations and Draft Trade Directions by 1 September 2024.
Navigating Merchanting Trade Transactions in a changing regulatory landscape · 2024-08-22 · General Corporate · https://www.lkslaw.com/insights/articles/navigating-merchanting-trade-transactions-in-a-changing-regulatory-landscape · By Pooja Vijayvargiya, Shreyasi Chakraborty · The article discusses draft Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2024 and draft Directions to Authorised Dealers on Export and Import of Goods and Services, in respect of Merchanting Trade Transaction, and points out various ambiguities.
Garnishee of a garnishee: The Income Tax perspective · 2024-08-21 · Direct Tax · https://www.lkslaw.com/insights/articles/garnishee-of-a-garnishee-the-income-tax-perspective · By Ravi Sawana,  Apurva Chaudhary · Garnishee of Garnishee’ is triggered when the garnishee fails to make the payment to the creditor of its debtor and pursuant to which, the creditor seeks to recover money from the debtors of the garnishee. The article discusses in detail the question as to whether the tax department has power to go after the debtors of the garnishee i.e., whether it would lead to issuance of notice under Section 226(3) to garnishee of garnishee
Not attending hearing cannot be the basis for refusal of Patent application · 2024-08-19 · Intellectual Property · https://www.lkslaw.com/insights/articles/not-attending-hearing-cannot-be-the-basis-for-refusal-of-patent-application · By Vindhya S. Mani, Devesh Aswal · The article discusses a recent decision of the Delhi High Court wherein the Court has held that non-appearance of the Applicant in the hearing before the Controller cannot dispense with the Controller’s obligation to pass a reasoned and speaking order. The High Court has held that the Appellant not attending the hearing cannot be the basis for passing a decision under Section 15 of the Patents Act.
Emerging trends of award of damages in IP suits · 2024-08-19 · Intellectual Property · https://www.lkslaw.com/insights/articles/emerging-trends-of-award-of-damages-in-ip-suits · By Vindhya S. Mani, Ritwik Sharma · Recently, Indian Courts have taken a proactive stance towards awarding increasing sums of damages for infringement in IPR matters. However, to balance competing goals of compensation, justice and uniformity, Courts have laid down several parameters which are to be considered while calculating damages. The article, while exploring the subject, analyses various case law and the Intellectual Property Division Rules as issued by the Delhi High Court.
Free Trade Agreements – Analysis of proposed amendment to Customs Section 28DA vide Finance (No.2) Bill · 2024-08-09 · International Trade and WTO · https://www.lkslaw.com/insights/articles/free-trade-agreements-analysis-of-proposed-amendment-to-customs-section-28da-vide-finance-no-2-bill-2024 · By Anjali Hirawat, Bharath Menon · The article highlights the proposed amendment to Customs Section 28DA, relevant in case of imports under various Free Trade Agreements. The amendment substitutes the term 'Certificate of Origin' with 'Proof of Origin', and re-defines the term 'Issuing Authority'. The change is seen as a trade facilitation measure.
The invisible tightrope - Navigating employers interests and employees privacy in India · 2024-08-09 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/the-invisible-tightrope-navigating-employer-s-interests-and-employee-s-privacy-in-india-s-dpdp-era-1 · By Jivesh Chandrayan, Bhagwati Tiwari · The article discusses the seven fundamentals, cutting across specific provisions of the DPDP Act and critically examines the core principles underpinning the Act from the employers’ perspective. According to the authors, it is best if employers brace up and begin compliance preparations at the earliest and start preparing an updated data protection policy.
Analysing Budget 2024 from the lens of Ease of Doing Business · 2024-08-08 · General Corporate · https://www.lkslaw.com/insights/articles/analysing-budget-2024-from-the-lens-of-ease-of-doing-business · By Noorul Hassan, Aman Gupta · The article analyses the Budget proposals and discusses changes relating to attracting foreign investments, benefits proposed in tax regime, evolution in insolvency resolution, flexible company structures, credit enhancement to MSMEs, easy exits to companies, decriminalisation of offences, and proposal to incentivize states if they lower the stamp duty rates.
A legal analysis of plurilateral rule making at WTO · 2024-08-05 · International Trade and WTO · https://www.lkslaw.com/insights/articles/a-legal-analysis-of-plurilateral-rule-making-at-wto · By Jayant Raghu Ram · The article discusses the legal basis for plurilateral agreements and assesses their compatibility with the broader principles of multilateral rule-making at the WTO. It considers Articles III and IX of the Marrakesh Agreement Establishing the WTO and observes that such plurilateral joint initiatives have neither been blessed by the Ministerial Conference nor by the broader WTO Membership.
Section 11A of the CGST Act: Old wine in new bottle? · 2024-08-01 · GST Consultancy · https://www.lkslaw.com/insights/articles/section-11a-of-the-cgst-act-old-wine-in-new-bottle · By Shivam Mehta, Tanya Garg , Aneesh Johnson · This article examines the need and scope of the new Section 11A as proposed by the Finance (No. 2) Bill, 2024, and the potential challenges foreseeable by insertion of said provision in the Central Goods and Services Tax Act, 2017.
Pacing towards disentangling Section 3(p) of the Patents Act · 2024-07-30 · Intellectual Property · https://www.lkslaw.com/insights/articles/pacing-towards-disentangling-section-3-p-of-the-patents-act-1970-relating-to-traditional-knowledge · By Malathi Lakshmikumaran,  Aashmeen Kaur , Swati Upadhyay  · The article chiefly focuses on the Madras High Court’s interpretation of Section 3(p) of the Patents Act, 1970 relating to 'traditional knowledge'. According to the authors, the decision is a first stride towards judicial clarification of Section 3(p). The interpretation provided by the Court is a much needed consolation sought by the Applicants where the Patent Applications relate to products or processes, misconstrued as being part of traditional knowledge.
Legislative changes under Budget 2024-25 – Introduction of ‘fetters’ to beneficial character of MOOWR scheme · 2024-07-26 · Customs · https://www.lkslaw.com/insights/articles/legislative-changes-under-budget-2024-25 · By Dhruv Matta, Namrata Singhal · In this article, an attempt shall be made to explore the ramifications of a specific legislative change introduced in Budget 2024-25 vide Clause 101 of Finance (No.2) Bill, 2024 (‘Finance Bill’) in relation to Section 65 of the Customs Act, 1962 (‘Customs Act’). The amendment proposed under Clause 101 of the Finance Bill shall come into effect on the date of enactment of the Finance (No.2) Act, 2024.
Reaffirming standards: Bioavailability v. Therapeutic efficacy and Coverage v. Disclosure · 2024-07-22 · Intellectual Property · https://www.lkslaw.com/insights/articles/reaffirming-standards · By Malathi Lakshmikumaran, Swati Upadhyay , Swati Sangwan · The article discusses the recent judgement of the Divisional Bench of the Delhi High Court in the case of Natco Pharma v. Novartis Ag and Anr. The bench focusses on the two pivotal issues under a broader question of a credible challenge to the validity of a patent. First was enhanced bioavailability data could be construed as proof of enhanced ‘therapeutic efficacy and second was the concept of Coverage v. Disclosure in patent applications.
Exploring the uncertainties surrounding Section 15 and Section 21(1) of the Patents Act · 2024-07-22 · Intellectual Property · https://www.lkslaw.com/insights/articles/exploring-the-uncertainties-surrounding-section-15-and-section-21-1-of-the-patents-act · By Ankit Anand · The article examines a recent Bombay High Court decision wherein the Court had analysed the Order issued by the Controller under Section 21(1) of the Patents Act [deemed abandonment]. The article closely examines Section 21(1) and Section 15 of the Act and observes that there is potential confusion in the applicability of the two provisions. It also notes that the Controller in this case had issued a hearing notice informing that the patent application was deemed to be abandoned.
Timely payments to MSMEs – A beneficial amendment with a delayed clarity in Income Tax provisions · 2024-07-19 · Direct Tax · https://www.lkslaw.com/insights/articles/timely-payments-to-msmes · By Devashish Jain, Karanjot Singh Khurana, Kanika Jain · The article discusses Section 43B(h) of the Income Tax Act, 1961 which was introduced by Finance Act, 2023. Observing that despite the well-placed intent behind introducing the aforesaid provision, the cross-linkage of the Income Tax Act with the MSME Act may cause certain ambiguities specifically concerning the deduction of the provision of expenses, calculating the time limit under the MSME Act, etc.
Direct Tax Amicus: April 2024 · 2024-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/direct-tax-amicus-april-2024 · The drastic difference in income-tax treatment of both the instruments – Life Insurance Policies and Annuities, requires closer examination of their meaning to distinguish one from another.
Tax Amicus: April 2024 · 2024-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tax-amicus-april-2024 · Pan masala, tobacco and tobacco products – Effective date for implementation of new special procedure extended to 15 May 2024
International Trade Amicus: April 2024 · 2024-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/international-trade-amicus-april-2024 · The article in this issue of International Trade Amicus discusses the nature of transnational subsidies, in which a government of one country subsidizes a firm outside of its territory.
IPR Amicus: April 2024 · 2024-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/ipr-amicus-april-2024 · The Division Bench of the Delhi High Court has set aside the Single Bench’s order which had affirmed the Protection of Plant Varieties & Farmers' Rights Authority’s order of revocation of registration.
Corporate Amicus: April 2024 · 2024-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-amicus-april-2024 · By Prashant Phillips, Sameer Avasarala · The article discusses how the gaming industry will be impacted by the Digital Personal Data Protection Act, 2023. It discusses how the new law once enforced will require platforms, gaming...
RoC’s recent adjudication order against a global corporate – A regulatory oversight on Significant Beneficial Ownership · 2024-07-04 · General Corporate · https://www.lkslaw.com/insights/articles/roc-s-recent-adjudication-order-against-a-global-corporate · By Noorul Hassan, Aman Gupta · Recently, the Registrar of Companies, NCT of Delhi & Haryana imposed penalties against a global corporate and its Directors along with its Global CEO, including CEO of the holding company, for violating the provisions related to non-disclosure of Significant Beneficial Ownership (‘SBO’) under Section 90 of the Companies Act, 2013. The article analyses the jurisprudence behind the SBO and the RoC’s approach towards the Order.
Cohen’s D test – An insight into the statistical tool used by the USDOC for determining targeted dumping · 2024-07-02 · International Trade and WTO · https://www.lkslaw.com/insights/articles/cohen-s-d-test · By Shyam Matanhelia · The article discusses how the Cohen’s D test is utilized by the United States Department of Commerce (USDOC) for analyzing the existence of targeted dumping. which refers to a specific trade practice where exporters sell their goods at an export price differing significantly among different purchasers, regions or time periods.
Taxability of Extra Neutral Alcohol settled or not? · 2024-07-01 · GST Consultancy · https://www.lkslaw.com/insights/articles/taxability-of-extra-neutral-alcohol-settled-or-not · By Kundan Kumar · The article discusses the taxability of Extra Neutral Alcohol/rectified spirit (‘ ENA ’), a denatured alcohol that is predominantly used as a raw material for manufacturing of liquor for human consumption that has been a bone of dispute between the Centre and the States.
Filing statutory forms within specified time to avail tax benefits · 2024-06-24 · Direct Tax · https://www.lkslaw.com/insights/articles/filing-statutory-forms-within-specified-time-to-avail-tax-benefits · The Courts in the past have held that the filing of statutory forms within the due date prescribed under the Income Tax Act, 1961, is a directory (and not mandatory) requirement, to claim deductions/exemptions that are available to taxpayers. Recently, however, the Supreme Court judgment in Wipro Limited changed the course of the river. The author observes that such a drastic consequence does not seem to be the intention of the Supreme Court.
53rd GST Council Meeting · 2024-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/53rd-gst-council-meeting · By Shivam Mehta · In this article, the authors discuss the issues which are likely in the pipeline for upcoming GST council meetings, particularly the 53rd GST Council Meeting.
The reverse flip gambit: Legal and tax manoeuvres for Indian startups coming home · 2024-06-19 · Direct Tax · https://www.lkslaw.com/insights/articles/the-reverse-flip-gambit-legal-and-tax-manoeuvres-for-indian-startups-coming-home · By Ravi Sawana, Samyak Lohade, Pratyush Jain · The article discusses the few structures for achieving a ‘reverse flip’ and the attendant implications from exchange control and taxation perspective
Trademark Siesta: The risks of neglecting use of a trademark · 2024-06-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/trademark-siesta-the-risks-of-neglecting-use-of-a-trademark · By Vindhya S. Mani · The article discusses nuances of cancellation of a trademark due to non-use. Deliberating upon the legal framework for non-use cancellation and a recent Delhi High Court decision on same, the authors also list certain strategies which may be implemented by the trademark owners to avoid non-use cancellation. According to them by understanding the risks and taking proactive steps, one can protect a brand’s goodwill, and identity and ensure that the trademark remains a valuable asset for business.
A rising need for a modern understanding of ‘Traditional Knowledge’ under Indian patent law · 2024-06-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/a-rising-need-for-a-modern-understanding-of-traditional-knowledge-under-indian-patent-law · By Malathi Lakshmikumaran · The article sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines. According to the authors, keeping in view the recent time-honoured recognition given to traditional knowledge by the WIPO treaty, a statutory definition of the term as well as judicial interpretation of Section 3(p) can help both the Examiners and the Applicants.
PRAVAAH's role in facilitating regulatory synergy across financial entities · 2024-06-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/pravaah-s-role-in-facilitating-regulatory-synergy-across-financial-entities · The article discusses the role of PRAVAAH portal in facilitating how to regulate synergy across financial entities. PRAVAAH Portal is a single window mechanism for submission of application/information in an electronic format to the RBI for seeking various approvals
Navigating the European Union’s Green Trade Frontier · 2024-06-03 · Sustainability · https://www.lkslaw.com/insights/articles/navigating-the-european-union-s-green-trade-frontier · The article discuss the EU's Carbon Border Adjustment Mechanism (‘CBAM’) which take care of carbon leakage which occurs when businesses start relocating industries to or products are imported from countries, with less stringent environment policies, apparently to circumvent the cost-intensive climate policies in the European Union. It discusses what are the scope, coverage, phase, timeline, and compliances required by exporters to the EU, in respect of certain goods.
International Workers – Conundrum of payment of Provident Fund · 2024-06-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/international-workers · The recent judicial developments have led to certain legal uncertainties and contradictions for compliance in case of deputation and secondment. According to the authors, the factual matrix of employment will have to be determined based on legal jurisprudence.
Impact of Section 281 on transfer of assets: Myriad issues thereunder · 2024-05-22 · Direct Tax · https://www.lkslaw.com/insights/articles/impact-of-section-281-on-transfer-of-assets · Section 281 of the Income Tax Act, 1961 empowers the Department to declare a transfer of an asset as void where the transferor, during the pendency of any proceedings or completion thereof, but before the service of notice by a TRO, creates a charge on, or parts with the possession of any of his ‘assets’ in favour of another person. Considering the far-reaching consequences of the provision, the article highlights few practical issues.
Patentability – High Court clarifies the language of Section 3(c) of the Patents Act · 2024-05-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/patentability · The article elaborately discusses a recent Madras High Court decision setting aside an order passed by the Assistant Controller of Patents and Designs which had refused the grant of a patent under Section 3(c) of the Patents Act, 1970. The Court has held that Section 3(c) would only apply to a process of finding a hitherto undiscovered non-living substance by identifying and isolating it from nature.
Development Rights: A service or a condition precedent to sale of land · 2024-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/development-rights · By Shivam Mehta, Shubham Vijay · The divergent perspectives on the treatment of development rights; whether as a service or an outright sale, have led to confusion in the realm of land transactions. Therefore, while finality is anticipated from the constitutional courts in GST regime, it is prudent for businesses to take an informed call on the taxability of development rights.
Is the difference between Tax and Fees obliterated? · 2024-05-07 · Customs · https://www.lkslaw.com/insights/articles/is-the-difference-between-tax-and-fees-obliterated · By Yogendra Aldak · The article discusses the difference between Tax and Fees and how the Courts in recent time are diverting from the earlier decisions highlighting the difference between Tax and Fees.
DPDPA: Concerns and impact in the online gaming world · 2024-05-02 · Regulatory · https://www.lkslaw.com/insights/articles/dpdpa · The article discusses how the gaming industry will be impacted by the Digital Personal Data Protection Act, 2023. It discusses how the new law once enforced will require platforms, gaming developers, and gamers (or users) alike to pay attention to the framework under which personal data may be processed, notices reviewed, consents provided (where required) and rights exercised with regard to the processing of personal data.
Beyond territorial reach: Transnational subsidies and the evolving landscape · 2024-05-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/beyond-territorial-reach · The article discusses the nature of transnational subsidies, in which a government of one country subsidizes a firm outside of its territory. It explores whether these subsidies can be acted upon under the WTO’s Agreement on Subsidies and Countervailing Measures (SCM Agreement), and how certain countries such as the EU and the US are tackling these subsidies.
From a taxman lens: Life Insurance Policy vis-à-vis Annuity – The modern-day conundrum · 2024-04-22 · Direct Tax · https://www.lkslaw.com/insights/articles/from-a-taxman-lens · The drastic difference in income-tax treatment of both – Life Insurance Policies and Annuities, requires closer examination of their meaning to distinguish one from another. Demonstrating that there is a thin line of difference between features offered by modern iterations of life insurance policies and annuities, the author points out that it is crucial for insurance companies to take proactive steps to separate the elements of the life insurance policies from that of annuities.
Plant variety protection – Incorrect mention of date of first sale is not fatal – Delhi HC’s Division Bench upholds registration · 2024-04-19 · Intellectual Property · https://www.lkslaw.com/insights/articles/plant-variety-protection · The article discusses the recent Delhi High Court Division Bench decision which has held that procedural infirmities, which have no impact on the eligibility of the Applicant to apply for a plant variety application or on the eligibility of the application for registration, are not fatal to the registration, unless such infirmities are due to willful misrepresentation or to gain any undue advantage.
MEITY Advisory: Dawn of AI Regulation in India or a false start · 2024-04-01 · Regulatory · https://www.lkslaw.com/insights/articles/meity-advisory · By Sameer Avasarala · The Ministry of Electronics and Information Technology has on 15 March 2024 issued an advisory on use and deployment of artificial intelligence tools. The advisory subsumes a previous advisory dated 1 March 2024 on this subject. As part of the now expanded diligence requirements as per new advisory, the article elaborately discusses what the new advisory now requires the intermediaries to ensure.
Overview of methodologies of calculating dumping margins · 2024-03-29 · International Trade and WTO · https://www.lkslaw.com/insights/articles/anti-dumping-duty · This article intends to discuss different methodologies for comparing the export prices with the domestic selling prices in the chosen investigation period, as prescribed under the WTO’s Anti-dumping Agreement and the practices followed in India, the United States of America and the European Union for this purpose. Elaborately discussing the three methodologies, with descriptive illustrations, etc., the author points out that the dumping margins are not the same.
Game-changing Customs and FTP changes · 2024-03-28 · Customs · https://www.lkslaw.com/insights/articles/game-changing-customs-and-ftp-changes · The article discusses few recent changes which one needs to know under Customs and Foreign Trade Policy. The Ministry of Commerce has extended the RoDTEP benefit to Advance Authorisation holders, Export Oriented Units and units in Special Economic Zone, and has relaxed the mandatory Quality Control Order compliance for import of inputs under Advance Authorisation and by EOU, for use in exports.
The ever-evolving advertising industry · 2024-03-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-ever-evolving-advertising-industry · The article highlights that one needs to examine whether sports marketing is in the nature of ‘advertisement/sale of advertising space and time service’ or ‘sponsorship service’. According to the authors, considering the overlapping nature of advertisement and sponsorship services, taxing advertisement under forward charge and allowing full ITC of the expenses, while taxing sponsorship under reverse charge and disallowing credit of GST, is creating an artificial discrimination.
Disallowance under Section 40(a)(i) on payment made to non-residents · 2024-03-21 · Direct Tax · https://www.lkslaw.com/insights/articles/disallowance-under-section-40-a-i-on-payment-made-to-non-residents · This article seeks to analyze the applicability of the non-discrimination article in tax treaties on disallowance of expenses on payment made to non-residents without withholding the applicable taxes. Decoding the legal position, the authors delve into the litigation trends and ponder over the question as to whether Section 40(a)(i) of the Income Tax Act, 1961 in its present form is violative of non-discrimination Article in tax treaty.
Disclaimers – A credible way of amendment in patent claims and specification · 2024-03-15 · Intellectual Property · https://www.lkslaw.com/insights/articles/disclaimers-a-credible-way-of-amendment-in-patent-claims-and-specification · One of the permissible ways of amendments to claims and/or specification is to incorporate suitable disclaimers during the patent prosecution and at the post grant stage. The article aims to bring down the perspectives of the use of disclaimers as a provision to amend claims and/or specification. It focusses on provisions available under Section 59 of the Patents Act, 1970 and a glimpse on such provisions in major jurisdictions such as US and EU that are of greater interest.
Decoding Fiduciaries and Processors: The DPDPA lens · 2024-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/decoding-fiduciaries-and-processors-the-dpdpa-lens · By Sameer Avasarala · The article dives deep into the understanding of certain key actors engaged in the processing of personal data – Data Fiduciaries and Data Processors. Observing that while Fiduciaries, by their nature, are expected to exercise decisional control over the purposes and means of processing, and Processors act on the former’s instructions, the article outline various complex situations where the roles blur.
The WTO’s 13th Ministerial Conference – Finding Order in times of chaos? · 2024-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-wto-s-13th-ministerial-conference-finding-order-in-times-of-chaos · This article intends to provide an overview of some of the key issues for negotiation at MC 13 and the importance of these issues for WTO Members. It talks about Agreement on Investment Facilitation and Development, Agreement on Fisheries Subsidies, Permanent Solution for Public Stockholding for Food Security Purposes, WTO Dispute Settlement Reform, and Electronic Commerce.
Secondment or employment: Court’s observation opens new opportunities for tax risk mitigation in 2024 · 2024-02-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/secondment-or-employment-court-s-observation-opens-new-opportunities-for-tax-risk-mitigation-in-2024 · The article discusses the observation of the Supreme Court in Northern Operating Systems case, recent investigations on the issue, CBIC Instruction, interim orders passed by different High Courts on factual matrix of the cases, legal position under the GST law and the way forward. Elaborating on the test / factors to determine the employee-employer relationship, the article deliberates on application of said tests/factors on the Supreme Court decision, and the factual differentiation of case.
The Ibrutinib saga · 2024-02-28 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-ibrutinib-saga · The article discusses the recent decision of Single Judge of the Delhi High Court adjudicating a batch of suits filed by Pharmacyclics LLC and Johnson and Johnson Pvt. Ltd., pertaining to the infringement of Indian Patent 262968 against Hetero Labs, Natco Pharma, BDR Pharma, Alkem Labs and Shilpa Medicare for manufacturing and marketing Ibrutinib. The Court restrained the Defendants in all suits from manufacturing and marketing Ibrutinib, pending final disposal of the suits.
Keywords as trademarks not a source identifier · 2024-02-27 · Intellectual Property · https://www.lkslaw.com/insights/articles/keywords-as-trademarks-not-a-source-identifier · The article discusses the recent judgment of the Delhi High Court in the case of MakeMyTrip India Pvt. Ltd, Booking Netherlands & Booking India and Google LLC in which the court reiterated that use of trademark as key words of search engines displays of someone else advertisement, absent any confusion or unfair advantage, would not infringe the trademark.
Will the recent ruling on Benami law dig up old deals? · 2024-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/will-the-recent-ruling-on-benami-law-dig-up-old-deals · By Janane G
Trademark tangle: Deepika Padukone’s beauty brand dances through the tunes of ‘use in a trademark sense’ v. ‘descriptive use’ · 2024-02-15 · Intellectual Property · https://www.lkslaw.com/insights/articles/trademark-tangle · By Vindhya S. Mani, Radhika Deekshay , Shivangi Rajan · A recent order passed by the Delhi High Court in favour of DPKA Universal Consumer Venture, rejecting the plea of interim injunction by Lotus Herbals against the former’s use of ‘Lotus Splash’, has garnered a lot of attention. The decision discusses the question of infringement, with specific reference to Section 30(2)(a) of the Trade Marks Act, 1999. The article discusses this interim order and analyses the jurisprudence on Section 30(2)(a).
Personality Rights: Protection under IP laws · 2024-02-15 · Intellectual Property · https://www.lkslaw.com/insights/articles/personality-rights-protection-under-ip-laws · By Kriti Sood, Veena Chandra · There are two discernible facets when a celebrity wants to protect their personality rights: first, the right to protect one’s image from being commercially exploited without permission by treating it as a tort of passing off and second, the right to privacy which entails one’s right to be left alone. Analysing jurisprudential development in US and UK, the article elaborately summarises many case law governing jurisprudence in India on IP laws.
Audi alteram partem · 2024-02-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/audi-alteram-partem-yes-but-not-for-opponent-in-patent-examination-proceedings · By Vindhya S. Mani, Geethanjali KV · The Article discuss the Delhi High Court decision in the matter of Novartis AG v. Natco Pharma & Anr. where the Court held that clear distinction between the examination and the opposition process of patents is essential, and merging these distinct processes would render the entire system unwieldy and counterproductive. The High Court was deliberating on the question as to whether the opponent has a right to be heard..
Adjudication of penalties by Registrar of Companies: Scope and its ambit · 2024-01-31 · General Corporate · https://www.lkslaw.com/insights/articles/adjudication-of-penalties-by-registrar-of-companies · By Noorul Hassan · The article discusses a recent decision of the RoC, NCT, adjudicating penalty for violation under Section 89 (Declaration in respect of Beneficial Interest in any share) and Section 90 (Register of Significant Beneficial Owner in a company). Elaborately analysing the decision and its implications, the authors are of the view that the RoC has taken a stricter approach with respect to compliances...
Trade remedial measures in India · 2024-01-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trade-remedial-measures-in-india · Trade remedy measures continue to remain a bulwark for the protection of the domestic industry from unfair imports. With the government’s increasing emphasis on the ‘Make in India’ objective and the Indian economy booming, trade remedy measures retain their importance as an instrument to balance the interests of domestic producers with that of users and importers.
Consent Managers under Digital Personal Data Protection Act – Bridging the gap between Data Principal and Data Fiduciary · 2024-01-30 · Regulatory · https://www.lkslaw.com/insights/articles/consent-managers-under-digital-personal-data-protection-act · By Prashant Phillips · The article discusses the measures introduced under the Digital Personal Data Protection Act, 2023 (‘DPDP Act’) to address challenges around management of data principals’ consent. The authors note that it is important for entities offering consent management services to ensure that their activities do not fall within the ambit of data processing.
Tax relief on Grants: Not to be taken for grant-ed! · 2024-01-29 · GST Consultancy · https://www.lkslaw.com/insights/articles/tax-relief-on-grants-not-to-be-taken-for-grant-ed · By Rohini Mukherjee, Divya Bhardwaj · The article notes that given the voluntary and unilateral nature of a grant, there exists ambiguity whether provision of a grant qualifies to be a taxable supply under the GST law, as to qualify as a supply it is essential that a good or service is provided for a consideration. The authors observe that it needs to be examined on case-to-case basis, whether the provision of the grant in a particular arrangement has its strings attached to the service provided and the consideration paid.
Are ‘trappings of a court’ enough to cloth an order of an authority under Section 2(14) of CPC? · 2024-01-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/are-trappings-of-a-court-enough-to-cloth-an-order-of-an-authority-under-section-2-14-of-cpc · The article discusses a recent Delhi HC decision holding that Letters Patent Appeal is allowed in trademark appeals and that a bar on such intra-court appeals as provided under Section 100A of Civil Procedure Code (CPC), 1908, do not apply to Letters Patent powers of High Courts with regard to trademark disputes as they are saved by virtue of Sections 4 and 104 of CPC.
Tax Amicus: October 2023 · 2024-01-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tax-amicus-october-2023-1 · By Asish Philip Abraham · The article in this issue of Tax Amicus discusses the recent decision of the Supreme Court wherein the Apex Court has held that the amendments to the Telangana VAT Act, the Gujarat VAT Act and Maharashtra VAT Act, after 1 July 2017 were not correct.
Interplay between foreign taxpayers’ global profits and PE profit attribution · 2024-01-22 · Direct Tax · https://www.lkslaw.com/insights/articles/interplay-between-foreign-taxpayers-global-profits-and-pe-profit-attribution · By Prachi Bhardwaj, Karanjot Singh, Loveena Manaktala · The article discusses the issue of attribution of profits in case of losses at the global level, which has once again gathered spotlight as the Delhi High Court in Hyatt International Southwest Asia Limited has expressed its prima facie disagreement with the decision in Nokia Solutions and has referred the issue to a Larger Bench. Discussing Article 7 of the DTAA and Rule 10 of the Income Tax Rules, the authors state that the LB decision will have a major impact.
Geographical Indications – Madhya Pradesh High Court elucidates registered proprietor’s rights · 2024-01-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/geographical-indications · In a recent decision dated 18 December 2023 , the Division Bench (Two-Judge Bench) of the Madhya Pradesh High Court, while adjudicating a petition under Article 227 of the Constitution of India, set aside the order dated 28 October 2021 passed by the Commercial District Court, Indore and held that a suit for infringement of Geographical Indication tags is maintainable by the Registered Proprietor of the GI tag, even if the Authorised User of the same GI tag is not impleaded as a party.
The vigour that Form-3 carries · 2024-01-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/the-vigour-that-form-3-carries · The article elaborately discusses a recent decision of the Single Judge of the Delhi High Court, imposing costs of INR 5 lakh on the Plaintiff for having suppressed material facts by way of failing to report that corresponding foreign patents of the suit patent had been invalidated/refused in several foreign jurisdictions.
Future of targeted and behavioral advertising in India · 2024-01-15 · Regulatory · https://www.lkslaw.com/insights/articles/future-of-targeted-and-behavioral-advertising-in-india · The article analyses a recent decision of the CJEU and its implications in the background of the Indian data privacy laws. In this regard, it is pertinent to note that India’s Digital Personal Data Protection Act, 2023 (‘ DPDP Act ’) will be notified soon and companies involved in processing of personal data for targeted advertising may need to revisit and revise their policies to comply with the law.
Plastic Waste Management Rules revised · 2024-01-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/plastic-waste-management-rules-revised · The article analyses recent amendments in the Plastic Waste Management Rules. According to the authors, the changes represent the Central Government’s acknowledgement of the gaps in the regulatory framework for plastic waste management. The article in this regard discusses changes like clear distinction being drawn between producers and importers, clarity on applicability of EPR Guidelines to export products, and elimination of conflicting interpretations of labelling requirements, etc.
Demystifying the Dark Patterns · 2024-01-03 · Regulatory · https://www.lkslaw.com/insights/articles/demystifying-the-dark-patterns · By Sameer Avasarala,  Sameer Avasarala  Manan Chhabra  Jyotshna Yashaswi · Dark Patterns can be referred to as the deceptive web or UI designs or patterns commonly used in web based or mobile based platforms, intended to manipulate, or trick the decision of a consumer by deceiving them to do something that is determinantal to his interest and something that the consumer otherwise would not do, compromising consumer’s autonomy, decision-making power, and his privacy. Some of the widely used dark patterns include subscription trap, false urgency, and click and bait.
Locking horns over ‘free’ and ‘restricted’ · 2023-12-28 · Customs · https://www.lkslaw.com/insights/articles/locking-horns-over-free-and-restricted · By Nupur Maheshwari, Shambhavi Mishra · The concept of ‘restriction’ imposed on export of goods as indicated in the Indian Trade Classification (ITC (HS)) has been the subject matter of judicial interpretation before various forums. The article analyses a recent Gujarat High Court decision in the case of Satyendra Packaging Limited v. Union of India, which has sparked some controversy towards the settled understanding of the issue.
Scope of ‘known substance’ under Patents Act Section 3(d) · 2023-12-26 · Intellectual Property · https://www.lkslaw.com/insights/articles/scope-of-known-substance-under-patents-act-section-3-d · The article discusses a recent Madras HC decision highlighting nuances of applying Section 3(d) in so far as the ‘known substance’ based exclusion under the said provision, is concerned. Merely because the claimed invention is a polymorph of a compound that is previously patented, does not automatically render it a ‘known substance’, unless the compound is published before the priority date of the claimed invention.
Regulation of Dark Patterns · 2023-12-19 · Regulatory · https://www.lkslaw.com/insights/articles/regulation-of-dark-patterns · By Paritosh Chauhan · Dark patterns are deceptive user interface/ user experience (‘ UI/UX ’) designs (such as pre-selected checkboxes and variations in visual prominence) which induce users to make purchases (or otherwise act in ways) that they did not initially intend. The article discusses as to how they were designed to mislead the consumers, and what are the restrictions on the use of Dark patterns in EU, USA, and now in India.
Registrability of trademarks derived from generic names in Pharma Industry · 2023-12-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/registrability-of-trademarks-derived-from-generic-names-in-pharma-industry · The article discusses a recent Madras HC decision against a refusal order for registration of the mark ‘Inimox’ considering an opposition by the owner of mark ‘Imox’, both used for pharmaceuticals. The Court has overturned the Registry’s findings in respect of ‘likelihood of confusion’ and directed the mark ‘Inimox’ to proceed for registration. This is an important decision clarifying on the contours of registering API-derivate brand names in the pharmaceutical industry.
Income-tax implications of issues of shares at a discount · 2023-12-18 · Direct Tax · https://www.lkslaw.com/insights/articles/income-tax-implications-of-issues-of-shares-at-a-discount · By S. Sriram, Dinesh Kukreja · The issue of shares by a company and its subscription by a shareholder is ordinarily on capital account, from the perspective of the company as well as the shareholder. No income can arise on issuance of shares by a company.
CJEU invalidates Non-Preferential Rules of Origin – A ray of hope for Indian exporters of seamless stainless-steel pipes and tubes to EU · 2023-12-05 · International Trade and WTO · https://www.lkslaw.com/insights/articles/cjeu-invalidates-non-preferential-rules-of-origin-a-ray-of-hope-for-indian-exporters-of-seamless-stainless-steel-pipes-and-tubes-to-eu · By Gopakrushna Das · The article focuses on the implication of the recent judgement of the CJEU relating to the Non-Preferential Rules of Origin wherein the EU's Court has held that the primary rule for CTSH 7304 41 under the Rules of Origin is invalid to the extent it excludes the cold rolled processing performed on hot-rolled tubes or mother pipes classifiable under CTSH 7304 49. According to the author, as the EU market opens, this will give a significant boost to Indian exports from this sector
The equivocal nature of the advisory regarding Input Tax Credit (ITC) reversal under Rule 37(A) · 2023-12-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-equivocal-nature-of-the-advisory-regarding-input-tax-credit-itc-reversal-under-rule-37-a · The article discusses the conflicting nature of a recent Advisory issued by the GSTN in respect of ITC reversal on account of new CGST Rule 37(A). The authors in this regard discuss various ambiguities surrounding this Advisory, like the period to be considered for computation of amount of ITC to be reversed, whether data of GSTR 2A or GSTR 2B is to be considered, etc. According to them, there is a requirement of detailed guidelines.
The bittersweet classification of Flavoured Milk (5) · 2023-11-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-bittersweet-classification-of-flavoured-milk-5 · Classification of goods under the correct tariff item is the first and the most litigative issue in any tax jurisdiction. The article hence analyses the implications of a Madras HC decision which has held that flavored milk is classifiable under Heading 0402 and not under Heading 2202 covering beverage containing milk. Deliberating on the reasoning of the High Court and the relevance of this decision, the authors highlight various issues which need to be understood by the industry.
The bittersweet classification of Flavoured Milk (3) · 2023-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-bittersweet-classification-of-flavoured-milk-3 · Classification has always been one of the most interesting as well most litigative issue in any tax jurisdiction. Classifying goods under the correct tariff item is the first, and arguably, most important step for a taxpayer as apart from determination of the applicable rate of tax, it can be used as a tool for unnecessary harassment by the tax authorities.
The bittersweet classification of Flavoured Milk · 2023-11-29 · Classification · https://www.lkslaw.com/insights/articles/the-bittersweet-classification-of-flavoured-milk · By Preeti Goyal, Neha Jain · Classification has always been one of the most interesting as well most litigative issue in any tax jurisdiction. Classifying goods under the correct tariff item is the first, and arguably, most important step for a taxpayer as apart from determination of the applicable rate of tax, it can be used as a tool for unnecessary harassment by the tax authorities.
The bittersweet classification of Flavoured Milk (1) · 2023-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-bittersweet-classification-of-flavoured-milk-1 · Classification has always been one of the most interesting as well most litigative issue in any tax jurisdiction. Classifying goods under the correct tariff item is the first, and arguably, most important step for a taxpayer as apart from determination of the applicable rate of tax, it can be used as a tool for unnecessary harassment by the tax authorities.
Cross-border payments for Indian businesses – Impact of RBI’s new guidelines · 2023-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cross-border-payments-for-indian-businesses-impact-of-rbi-s-new-guidelines · The Reserve Bank of India (‘RBI’) vide Notification No. RBI/2023-24/80 CO.DPSS.POLC.No.S-786/02-14-008/2023-24 dated 31 October 2023, has issued a new regulatory framework for Payment Aggregators of Cross Border Transactions (‘PA-CB Regulation’). The said regulation shall govern all entities, including AD Banks, engaged in the processing / settlement of cross-border payment transactions for import and export of goods and services.
The bittersweet classification of Flavoured Milk (2) · 2023-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-bittersweet-classification-of-flavoured-milk-2 · Classification has always been one of the most interesting as well most litigative issue in any tax jurisdiction. Classifying goods under the correct tariff item is the first, and arguably, most important step for a taxpayer as apart from determination of the applicable rate of tax, it can be used as a tool for unnecessary harassment by the tax authorities.
The bittersweet classification of Flavoured Milk (4) · 2023-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-bittersweet-classification-of-flavoured-milk-4 · Classification of goods under the correct tariff item is the first, and arguably, most litigative issue in any tax jurisdiction. The article hence analyses the implications of a recent Madras High Court decision which has held that flavored milk is classifiable under Heading 0402 and not under Heading 2202 covering beverage containing milk. Deliberating on the Court’s reasoning and the relevance of this decision, the authors highlight various issues which need to be understood by the industry.
SC Ruling on MFN Clause in Tax Treaty: A conundrum for the tax deductors in India? · 2023-11-20 · Direct Tax · https://www.lkslaw.com/insights/articles/sc-ruling-on-mfn-clause-in-tax-treaty-a-conundrum-for-the-tax-deductors-in-india · By S. Vasudevan · Recently, the Supreme Court of India passed a judgment interpreting the Most Favoured Nation (‘MFN’) clause present in various Double Taxation Avoidance Agreements (‘DTAAs’). In essence, an MFN clause is incorporated in DTAAs entered into by India with a country (say second state) by which a promise is made by India to give the same benefit or preferential treatment which India may accord to another country (say third state) in future.
Product-by-Process: Perception by Indian Patent Law · 2023-11-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/product-by-process-perception-by-indian-patent-law · By Archana Viswanathan · This article aims to explore the scope of patentability and infringement concerning product-by-process claims with a specific emphasis on the recent two decisions of the Delhi High Court, passed by the learned Single Judge and the Division Bench of the Delhi High Court in the case of CS(COMM) 261/2021 and connected matters.
Impact of DPDP Act on employee data · 2023-11-03 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/impact-of-dpdp-act-on-employee-data · By Kumar Panda, Sameer Avasarala, Sameer Avasarala  Kumar Panda · As the recently passed Digital Personal Data Protection Act, 2023 (‘DPDPA’) awaits implementation guidance from the Government, it is slated to have significant impact across all sectors and industries. As a result of the same, entities would have to reimagine data handling practices when processing personal data of customers, employees and other third parties who are individuals.
Competency and powers for VAT amendments in GST regime · 2023-11-01 · GST Consultancy · https://www.lkslaw.com/insights/articles/competency-and-powers-for-vat-amendments-in-gst-regime · By Asish Philip Abraham · The article discusses the recent decision of the Supreme Court holding that the amendments to Telangana VAT Act, Gujarat VAT Act and Maharashtra VAT Act, after 1 July 2017, were not correct. It notes that the impact of the Court’s observations on competency of the State legislature for VAT amendments and introduction of VAT Amnesty Schemes by the States, is an interesting academic issue to explore. According to the authors, the observations of the Court will have an impact on levying VAT on..
A question on ‘standing’ of the domestic producer in anti-dumping cases · 2023-10-31 · International Trade and WTO · https://www.lkslaw.com/insights/articles/a-question-on-standing-of-the-domestic-producer-in-anti-dumping-cases · By Rizwan Shah · On 29 September 2023, the Directorate General of Trade Remedies (‘DGTR’) issued the Final Findings (‘FF’) in Anti-dumping investigation concerning imports of ‘Metronidazole’ originating in or exported from China PR. The domestic industry (‘DI’) was represented by Aarti Drugs Ltd., (‘ADL’) who was one of the major domestic producers of Metronidazole (‘Product under consideration’ or ‘PUC’) in India.
Deciphering tax puzzle of loan-to-equity conversions · 2023-10-30 · Direct Tax · https://www.lkslaw.com/insights/articles/deciphering-tax-puzzle-of-loan-to-equity-conversions · By  Karanjot Singh , Prachi Bhardwaj  Sanjhi Agarwal · Businesses nowadays are coming up with pioneering strategies to keep afloat amidst financial stress. One of the common modes of financial structuring these days is conversion of loans into equity shares. The said option not only results in significant interest cost savings but also elevates the financial position for attracting new investments.
Pioneering work in the field of mRNA-based innovations - A case study · 2023-10-07 · Intellectual Property · https://www.lkslaw.com/insights/articles/pioneering-work-in-the-field-of-mrna-based-innovations-a-case-study · By Malathi Lakshmikumaran · Dr. Katalin Kariko and Dr. Drew Weissman have been named the winners of the 2023 Nobel Prize in Physiology and Medicine for their innovations concerning nucleoside base modifications that enabled the development of effective mRNA vaccines against COVID-19.
Navigating the EU Deforestation Regulations: Scope · 2023-09-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/navigating-the-eu-deforestation-regulations · The article discusses the recently notified European Union Deforestation Regulation which is a set of comprehensive regulations targeting the imports and domestic production of products associated with deforestation. Observing that these regulations will also have implications for Indian exporters of commodities like coffee, chocolates, soy, and wooden furniture, the article provides a brief overview of the EUDR, what it entails, and explores its impact on Indian exports to the EU.
Termination of employment in India · 2023-09-29 · Employment Law · https://www.lkslaw.com/insights/articles/termination-of-employment-in-india · By Kumar Panda · The article discusses laws relating to termination of employees and workmen, in India. It in this regard summarises various requirements under the Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders) Act, 1946, and notes that the notice and payment of service compensation as provided under the state-specific shops and establishment acts (which differ from State to State) must also be complied with by the employers for terminating employees.
A tale of tax technology and GST matching woes: Balancing idealism and pragmatism · 2023-09-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/a-tale-of-tax-technology-and-gst-matching-woes-balancing-idealism-and-pragmatism · By Shiwani Kaushik · The article discusses the problem of absence of mechanism for matching Input Tax Credit (‘ITC’). It analyses a recent Rajasthan High Court decision in the case of Hindustan Lever Ltd., where the practicality of this matching exercise has come into question and observes that while on one hand, requiring suppliers to collect certificates or proof from recipients may lead to administrative inefficiencies, on the other hand, allowing businesses to claim reductions in tax liability...
Arbitration clauses in cross-border transactions – Indian perspective · 2023-09-22 · Arbitration · https://www.lkslaw.com/insights/articles/arbitration-clauses-in-cross-border-transactions-indian-perspective · By Kunal Arora, Archit Gupta · In the era of globalization, India has emerged as one of the fastest-growing economies in the world. Owing to its increased consumption and a large young workforce, India has attracted interest from several multinational corporations and consumer companies who are looking to expand their business in newer territories.
Cross-border share sale – Eligibility for Tax Treaty benefit · 2023-09-19 · Direct Tax · https://www.lkslaw.com/insights/articles/cross-border-share-sale-eligibility-for-tax-treaty-benefit · By Harshit Khurana · The article seeks to examine the question as to whether treaty benefits should at all be provided if the non-resident seller of shares does not have much commercial substance. Analysing how Courts in different countries have applied GAAR in tax treaty issues and what Courts in India have held applying judicial anti-avoidance test prior to GAAR, the authors opine that there is a lot of uncertainty surrounding the applicability of anti-abuse rules to cross border share acquisitions.
EU’s Non-Preferential Rules of Origin · 2023-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/eu-s-non-preferential-rules-of-origin · In the realm of global trade, the determination of a product’s origin holds immense significance. Origin not only affects tariffs but also impacts compliance with regulations, trade agreements, trade measures and market access. The European Union (‘EU’) Non-Preferential Rules of Origin provide a comprehensive framework to ascertain the origin of goods exported to the EU and play a pivotal role in shaping trade dynamics within the EU and its trade partners.
Digital Personal Data Protection Act – Implications for financial entities and fin-tech sector · 2023-09-01 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/digital-personal-data-protection-act-implications-for-financial-entities-and-fin-tech-sector · By Prashant Phillips · The article discusses elaborately the implications of the new Digital Personal Data Protection Act, 2023 for the financial entities and the fin-tech sector. It, in this regard, discusses topics like, meeting consent and notice requirements; interplay with sectoral regulations; legitimate purposes for processing; and how Data Fiduciaries in the financial sector need to review internal protocols and mechanisms concerning disclosure and/or sharing of personal data. Similarly, the article also...
ISD vs. Cross Charge – The saga continues · 2023-08-30 · GST Consultancy · https://www.lkslaw.com/insights/articles/isd-vs-cross-charge-the-saga-continues · By Preeti Goyal · The article revolves around the recommendation of the 50th Meeting of the GST Council and the clarification brought in by the CBIC Circular No. 199/2023-GST, dated 17 July 2023 with respect to distribution of credit through Input Service Distributor (‘ISD’). Noting that the Circular has put at rest many disputes surrounding the issue, the authors highlight some open issues which need to be addressed in view of the proposed amendment in law to make the ISD registration mandatory.
Insights into the Tax Law terrain · 2023-08-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/insights-into-the-tax-law-terrain · In its endeavour to spread awareness of the crucial developments in tax laws and the way-forward on various pain points troubling the industry, Lakshmikumaran & Sridharan Attorneys (LKS) is participating as Knowledge Partner in a physical seminar being organized by Institute of Business Laws (IBL) on 25th of August from 9:00 AM to 5:00 PM in Pune.
Navigating limitation period labyrinth · 2023-08-25 · Direct Tax · https://www.lkslaw.com/insights/articles/navigating-limitation-period-labyrinth · The Bombay HC has held that timelines for passing an assessment order specified in Section 153 of the Income Tax Act, 1961 are not to be extended in cases where the assessee takes the DRP route and the final assessment order under s.144C(13) has to be passed within the overall timeline prescribed under s.153. Considering that the general practice followed by the tax officers is to pass only the draft orders within the timelines, the article highlights the impact of this decision.
Trends in GI sector: An analysis · 2023-08-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/trends-in-gi-sector-an-analysis · By   Vaishali Joshi,  Naina Gupta · In recent years Geographical Indications (‘GIs’) has emerged as one of the most important instruments for protecting the “quality, reputation or other character of goods essentially attributable to their geographical origin”. It is a ‘source identifier’ and indicator of quality. It helps to promote goods of a particular region or country and is “eligible for relief from acts of infringement and/or unfair competition”.
Key issues impacting the Pharmaceutical Sector · 2023-08-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/key-issues-impacting-the-pharmaceutical-sector-1 · Indian Pharmaceutical Industry plays a prominent role in the Global Pharma Ecosystem. It is the world's largest provider of generic medicines by volume and is also the largest vaccine supplier in the world. The value of this sector is expected to reach USD 65 billion by 2024. Indian pharmaceutical products are exported to various overseas markets including the US, UK, European Union, etc.
Digital Personal Data Protection Bill · 2023-08-11 · Regulatory · https://www.lkslaw.com/insights/articles/digital-personal-data-protection-bill-2023 · This article is the first in a series of articles that discusses the Digital Personal Data Protection Bill, 2023 and outlines key obligations and action items that may be implemented by Fiduciaries and other entities under the Bill.
Key issues impacting the Pharmaceutical Sector · 2023-08-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/key-issues-impacting-the-pharmaceutical-sector · The pharmaceutical sector in India plays a seminal position in the domestic and international economy. It provides more than 50 per cent of global demand for several vaccines, 40 percent of generic demand in the US and 25 percent of all medicines in UK. The value of this sector has been estimated at $42 billion in 2021, and it is expected to reach $65 billion by 2024 .
Export and global operation: Challenges Faced by Indian Pharma Industry · 2023-08-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/export-and-global-operation · In this article, the authors discuss key challenges faced by the pharma industry in GST which may affect the industry in their global operations and exports, imports and refunds, which are aside from the issues being faced in marketing and supply chain, procurement and input tax credit, etc, covered separately here.
In-focus: Pharmaceutical sector · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/in-focus-pharmaceutical-sector · Tax laws have been evolving. The changes in regulations are impacting tax positions in direct and indirect taxes. GST law has recently completed six years, during which the law has seen significant development and clarifications from time to time.
Analysing the Digital Personal Data Protection Bill · 2023-08-04 · Regulatory · https://www.lkslaw.com/insights/articles/analysing-the-digital-personal-data-protection-bill-2023 · The Minister of Electronics & Information Technology introduced the Digital Personal Data Protection Bill, 2023 on 3 August 2023 , in the Lok Sabha. The Bill is a successor to the Draft Digital Personal Data Protection Bill, 2022 which was released by the Ministry of Electronics & Information Technology in November 2022. The article provides the comparative insights on the Bill vis-à-vis its 2022 counterpart.
Withdrawal of corporate insolvency proceeding even prior to formation of committee of creditors · 2023-08-03 · Insolvency · https://www.lkslaw.com/insights/articles/withdrawal-of-corporate-insolvency-proceeding-even-prior-to-formation-of-committee-of-creditors · By A S Aniruddha · The article discusses a recent decision of the Supreme Court establishing that a plea for the withdrawal of the Corporate Insolvency Resolution Process can be allowed by the adjudicating authority even prior to the establishment of the committee of creditors. The author observes that the Supreme Court has not only addressed the existing gap in Section 12A of the IBC but it has also recognized the obligatory status of Regulation 30A.
Circumvention of Trade Remedy measures – A critical analysis of Indian provision · 2023-08-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/circumvention-of-trade-remedy-measures · Trade remedy measures are applicable only to specific products originating in certain countries. Sometimes exporters make changes in the business model to overcome the measures by circumventing the duties and thereby rendering the measures largely ineffective.
Leasing of capital goods between two GSTINs · 2023-07-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/leasing-of-capital-goods-between-two-gstins · By Padmasri Manyam  Ananya Raghavendra · The article seeks to analyse the GST implications on leasing of capital goods between ‘distinct persons’, in the light of a recent ruling of the Maharashtra Appellate Authority of Advance Ruling. After providing the crisp summary of the Ruling, the article examines the implication of the Ruling in respect of issues regarding valuation, mere movement of goods not amounting to supply, and documentation.
Patent of method of treating a plant · 2023-07-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/patent-of-method-of-treating-a-plant · The article discusses a recent decision of the Hon’ble Calcutta High Court which has set aside an order passed by the Controller of Patents and Designs refusing the grant of patent for treatment of a plant disease, for being a method of agriculture under Section 3(h) of the Patents Act, 1970. The High Court in this regard noted that Sections 3(h) which bars the patenting of a method of agriculture or horticulture, does not contemplate treatment of plants
Change of opinion: Whether permissible under the new provisions of reassessment? · 2023-07-19 · Direct Tax · https://www.lkslaw.com/insights/articles/change-of-opinion-whether-permissible-under-the-new-provisions-of-reassessment · By Neha Sharma · The Finance Act, 2021 substituted the provisions of reassessment under the Income-tax Act, 1961. Under the new reassessment provisions, the concept of ‘reason to believe’ has been substituted with ‘information’ which suggests that the income has escaped assessment. The article discusses the question as to whether such ‘information’ is required to be tested against the concept of ‘change of opinion’, as was required under the old reassessment provisions.
India loses the fight for electronic goods against EU at the WTO · 2023-06-29 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-loses-the-fight-for-electronic-goods-against-eu-at-the-wto · By  Rizwan Shah · The WTO panel recently ruled against India’s import duty measures in relation to certain Information and Communication Technology (‘ICT’) goods, holding the measures as inconsistent with Articles II:1(a) and (b) of the GATT 1994. The article analyses the critical arguments raised by India to defend its position and the panel’s ruling thereon.
Revival of insolvency proceedings: Analysis and way forward · 2023-06-27 · Commercial Litigation · https://www.lkslaw.com/insights/articles/revival-of-insolvency-proceedings-analysis-and-way-forward · By Aman Gupta, Mayank Kumar · Revival of the Corporate Insolvency Resolution Process (‘CIRP’) proceedings refers to the restoration of the already withdrawn CIRP by a creditor which generally happens upon the breach of the settlement agreement (‘Settlement Agreement’) pursuant to which the application for CIRP also gets withdrawn. In such circumstances, rather than filing for a fresh application for initiation of CIRP, the creditor may seek reviving of the earlier application.
Export of services: Settled · 2023-06-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/export-of-services-settled-yet-unsettled · By Disha Bhandari, Narendra Singhvi · The article discusses a recent decision of the Larger Bench of the CESTAT which settles, in favour of assessee, the issue as to whether Business Auxiliary Services (BAS) provided by Indian agents to foreign entities qualify as export of services under the service tax regime. The article in this regard also analyses whether this decision of the Larger Bench will have any impact in the GST regime.
Impact analysis of the Supreme Court decision in Saraf Exports v. CIT: Worth the wager? · 2023-06-20 · Direct Tax · https://www.lkslaw.com/insights/articles/impact-analysis-of-the-supreme-court-decision-in-saraf-exports-v-cit-worth-the-wager · By Krishna Laasya V · The article discusses a recent decision of the Supreme Court in the case of Saraf Exports v. CIT, wherein the Apex Court has held that export incentives like Duty Drawback and DEPB will not qualify as first-degree nexus for the purposes of claim of deduction under Section 80-IB of the Income Tax Act, 1961. The decision has also reiterated the principle laid down earlier that restrictive meaning must be given to the expression ‘derived from’.
Toblerone saga – Sweet enough; but not Swiss enough · 2023-06-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/toblerone-saga-sweet-enough-but-not-swiss-enough · By Anushka Verma · The article discusses the application of the Swissness Act, 2017 which regulates the use of Swiss symbols or labels, associating the products and services with Switzerland. Talking about the criteria for Swissness and the effect of the Act on the famous chocolate brand, the article notes that evocation is a huge factor when understanding consumer psychology. According to the author, while the Act does not refer to trademarks per se, it does find its basis in the concept of evocation.
Becoming trade remedies-ready – A practical guide for producers and exporters · 2023-05-30 · International Trade and WTO · https://www.lkslaw.com/insights/articles/becoming-trade-remedies-ready-a-practical-guide-for-producers-and-exporters · By Devinder Bagia, Jayant Raghu Ram · When producers or exporters export goods to other countries, they most likely would have come across a trade barrier of some form or the other. While tariff walls have as such declined and non-tariff barriers have increased, importing countries continue to use trade remedial measures as a defense against imports. In fact, India and the United States are the leading users of trade remedial measures while imports from China are the major target of these trade remedial measures
Deemed application provision causes uncertainties for donation aggregators · 2023-05-26 · Direct Tax · https://www.lkslaw.com/insights/articles/deemed-application-provision-causes-uncertainties-for-donation-aggregators · Charitable entities set up for different charitable causes such as education, yoga, relief of poor, medical relief, advancement of any general public utility etc., receive a tax-exempt status under Section 10(23C) and Section 11 of the Income-tax Act, 1961 (‘Act’). As per Section 11 of the Act, the trusts or charitable institutions are subject to following conditions to obtain tax exemption:
Arbitration agreement · 2023-05-25 · Arbitration · https://www.lkslaw.com/insights/articles/arbitration-agreement-which-is-part-of-an-unstamped-contract-has-no-existence · By Aman Gupta, Manasa Tantravahi · The Constitutional Bench of the Supreme Court has held that arbitration cannot be invoked when the arbitration agreement or clause is contained in an unstamped or insufficiently stamped agreement or contract. According to the authors, even though this issue arises at the preliminary stage of the arbitration, the Apex Court had ordered to ensure sufficient stamping of the instruments.
De-blurring Section 59 of the Indian Patents Act 1970 · 2023-05-23 · Intellectual Property · https://www.lkslaw.com/insights/articles/de-blurring-section-59-of-the-indian-patents-act-1970 · By  Aashmeen Kaur  Eeshita Das, Malathi Lakshmikumaran  Srinivasan T. · The article examines a recent decision of the Delhi High Court, where the High Court has redefined the boundaries of permissible claim amendments for overcoming the objections on non-patentability especially Section 3(i) of the Patents Act, 1970, without jeopardizing the requirements of Section 59. The primary focus of this article is on the interpretation of Section 3(i) and Section 59 of the Act as provided by the High Court
Eligibility of Input Tax Credit vis-à-vis inherent loss of inputs during manufacture · 2023-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/eligibility-of-input-tax-credit-vis-a-vis-inherent-loss-of-inputs-during-manufacture · The Madras High Court recently in the case of Eastman Exports Global Clothing, settled an interesting question of law pertaining to the reversal of Input Tax Credit on the loss of inputs which is inherent to the process of manufacturing. Although the judgment pertains to the treatment of manufacturing loss under Section 19(9)(iii) of the Tamil Nadu VAT Act, the principle enunciated by the Court is very helpful in determining the entitlement of ITC vis-à-vis Section 17(5)(h) of the CGST Act.
Anti-dumping duty – CESTAT establishes important jurisprudence on commercial quantities · 2023-05-02 · International Trade and WTO · https://www.lkslaw.com/insights/articles/anti-dumping-duty-cestat-establishes-important-jurisprudence-on-commercial-quantities · By Ashutosh Arvind Kumar · The article analyses a recent CESTAT decision relating to the threshold for considering a product within the scope of the product under consideration (‘PUC’) in anti-dumping investigations. The Hon’ble CESTAT has held that mere production of a product is not enough for it to be included in the scope of the PUC; the domestic industry must show that it has catered to a certain amount of demand for that product for it to be included. The article in this regard notes that ...
Withholding Income Tax: Withholding the ambiguity in GST Valuation? · 2023-04-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/withholding-income-tax-withholding-the-ambiguity-in-gst-valuation · By Shiwani Kaushik · The article highlights the intricacies of TDS withholding, under the income tax provisions, which appear to impact the taxable value under GST in case of import of services. The moot question is whether the taxable value for discharging GST should be confined only to the contractual payment qua the foreign service provider or the amount of TDS, paid by the Indian service recipient as additional statutory obligation, should also be added. Analysing various Court and Tribunal decisions, the...
Interest as part of Operational Debt: A conundrum · 2023-04-25 · Insolvency · https://www.lkslaw.com/insights/articles/interest-as-part-of-operational-debt-a-conundrum · By Noorul Hassan · While the inclusion of interest amounts in ‘financial debt’, for the purposes of the Insolvency and Bankruptcy Code, 2016, is clearly provided for, the interest component in the case of ‘operational debt’ has always been a point of contention. Pointing out that there appears to be a deliberate difference in the language used for both terms – ‘financial debt’ and ‘operational debt’, the article also discusses many specific judgments of NCLT and NCLAT, delivered on the aforesaid quandary.
Navigating the exemption labyrinth – Pitfalls in the way of charitable institutes · 2023-04-19 · Direct Tax · https://www.lkslaw.com/insights/articles/navigating-the-exemption-labyrinth-pitfalls-in-the-way-of-charitable-institutes · By Tanmay Bhatnagar · Considering the changing landscape of the exemption regime, right from Finance Act, 2014 till the recent Finance Act, 2023, the article notes that the provisions relating to the exemption regimes under Sections 10(23C) and 11 of the Income Tax Act have undergone wide-ranging changes having an impact on nearly every aspect associated with the operation of charitable institutes, resulting in a situation where a mere procedural lapse can have far reaching consequences.
Patentability of Selection Inventions – Analysis of recent Delhi High Court decisions · 2023-04-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/patentability-of-selection-inventions-analysis-of-recent-delhi-high-court-decisions · By Vindhya S. Mani · The article analyses two decisions of the Delhi High Court which have adjudicated patentability of the species patent with respect to the genus patent. The Court in one of the case disapproved the existence of dichotomy between ‘coverage’ and ‘disclosure’, and stated that when a product is covered in the genus patent, the specific disclosure of the same is immaterial. However, the Court in a different decision acknowledged the distinction between ‘coverage’ and ‘disclosure’ ...
Is export restraint a countervailable subsidy? · 2023-04-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/is-export-restraint-a-countervailable-subsidy · The article discusses as to whether government action in the form of an export restraint on the export of a product results in a subsidy to the domestic producers of downstream products. It elaborately analysis WTO Panel report in United States - Measures treating export restraints as subsidies and the Appellate Body report in the dispute United States- Countervailing duty investigation on dynamic random-access memory semiconductors (‘DRAMS’) from Korea, and discuss how the trade authorities...
Dry lease of aircrafts under GST: A classification conundrum · 2023-03-30 · GST Consultancy · https://www.lkslaw.com/insights/articles/dry-lease-of-aircrafts-under-gst-a-classification-conundrum · By Priyanka Kalwani · The article discusses elaborately the problems of classification and rate of GST in case of dry leasing of an aircraft. In respect of classification, the authors note that there is no specific mention of aircrafts under the Explanatory Notes to sub-heading 997311 or under the residuary entry 997319, though the Service Code 7311 of the UNCPC provides for transport equipment and specifically includes aircrafts. For rate of tax, the authors note that though it can be argued...
Digital India Act: Evolving clarity & challenges · 2023-03-27 · Regulatory · https://www.lkslaw.com/insights/articles/digital-india-act-evolving-clarity-challenges · By Prashant Phillips · The Digital India Act (DIA) is set to replace the Information Technology Act, 2000 (IT Act) on account of a transformed internet landscape today, with significant internet penetration, multiple intermediaries operating across the internet and complex forms of user harms. The article hence discusses the glimpse into the Digital India Act, as presented recently by the Minister of State for Electronics & Information Technology. The authors in this regard discuss how the DIA lays importance...
Fund raising challenges of startups under the Companies Act · 2023-03-27 · Securities Law · https://www.lkslaw.com/insights/articles/fund-raising-challenges-of-startups-under-the-companies-act · By Noorul Hassan · The article discusses a recent decision of the Registrar of Companies, NCT of Delhi and Haryana relating to Section 42 of the Companies Act, 2013 (private placement of shares). The Adjudicating Officer has in this decision observed that the provision requires that the company should adhere to the limit of 200 persons not just with respect to the number of persons who ultimately subscribe to the securities of the company, but also that this limit cannot be exceeded at the time of making an offer
Tax on ‘Cash’ benefits and perquisites – Applicability on waiver of debts · 2023-03-22 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-on-cash-benefits-and-perquisites-applicability-on-waiver-of-debts · By Harshit Khurana · Amongst various tax amendment proposals announced this year, proposal for taxing ‘cash’ benefits and perquisites is likely to have a wide-reaching impact on the taxpayers, especially in the context of waiver of debts due from a corporate debtor. More than the corporate debtor, the amendment may prove to be burdensome for the lender waiving such debts due to withholding tax liability imposed upon such lender. The article aims to discuss the proposed amendment and its impact.
A ray of hope: Delhi High Court allows amending method claims to product claims · 2023-03-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/delhi-high-court-allows-amending-method-claims-to-product-claims · The article discusses a landmark Judgement passed by the Delhi High Court in the matter of Allergan Inc v. Controller of Patents. With this judgement, the Court has allowed amendments made by the Appellant for converting the method of treatment claims to product claims. Capturing the facts of the case, the appeal proceedings, and the decision including the essence of the order, the authors conclude that the present order will serve to be a significant milestone in patent prosecution in India.
Retrospective amendments to Tribunal’s appellate jurisdiction under trade remedy laws · 2023-03-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/retrospective-amendments-to-tribunal-s-appellate-jurisdiction-under-trade-remedy-laws · The retrospective amendments proposed by the Finance Bill, 2023 to Section 9C and other related provisions of the Customs Tariff Act, 1975 have tried to resolve the dispute regarding powers of the CESTAT to entertain appeals against the Ministry of Finance’s refusal to impose trade remedy measures despite positive recommendations from the DGTR. The article traces the background of the issue, the previous jurisprudence, the recent amendments proposed, and concludes with some comments.
Electricity Conservation (Amendment) Act · 2023-02-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/electricity-conservation-amendment-act-2022-an-overview · In the backdrop of India’s commitments made in the UN Climate Change Conference in 2021, the Central Government has recently enacted the Energy Conservation (Amendment) Act, 2022 (‘Amendment Act’) to amend the two decades old Energy Conservation Act, 2001. The move aims to strengthen the regulatory framework on energy consumption and promote energy efficiency in the country. The article highlights the significant features...
Classification of indigenous ‘Rab’ prepared from sugar cane: The final decision · 2023-02-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/classification-of-indigenous-rab-prepared-from-sugar-cane · The issue of classification of the product ‘Rab’ (semi-solid sugarcane juice) and applicable rate of tax on its supply has been a subject matter of dispute for a long time. The article intends to highlight the divergent practices followed by the industry and analyse if the CBIC Circular No. 189/01/2023-GST, dated 13 January 2023 has resolved the issue in entirety. Elaborately analysing the issues and concerns...
Do the trademarks provisions permit registrar to transfer pending petitions to IPD · 2023-02-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/do-the-trademarks-provisions-permit-registrar-to-transfer-pending-petitions-to-ipd · The article discusses a Delhi High Court decision where one of the questions that came up before the IPD, Delhi was whether the Trade Marks Registry can transfer pending rectification/cancellation petitions to the IPD of the respective Hon’ble High Court. The Court observed that if the court thinks it is necessary to consolidate and hear together all the matters related to the same or related subject matter before the IPD, it may direct so.
Assessment of the inventive step in India · 2023-02-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/assessment-of-the-inventive-step-in-india · By Archana Viswanathan  Eeshita Das · The article examines a Delhi High Court decision against an order passed by the Controller of Patents and Designs refusing the grant of the patent application for lacking inventive step. It further highlights the fundamental principles discussed by the High Court for analysis of an ‘inventive step’ in India. The article notes how the High Court discussed the various approaches available for determining the inventive step which were followed across various jurisdictions...
Taxation of unexempt income of Public Charitable Trusts · 2023-02-15 · Direct Tax · https://www.lkslaw.com/insights/articles/taxation-of-unexempt-income-of-public-charitable-trusts · By Samyak Navedia · Income derived from Trust property has been exempt under Income-tax laws since the Act of 1886. Tracing the legislative history in respect of income from property held under trust, the author examines amendments made by Finance Act, 1970; Taxation Laws (Amendment) Act, 1975; Finance Act, 1983; and Finance Act, 2022, the author concludes that the present iteration of Section 13(1)(c) / Section 13(1)(d) makes it evident that ...
Arresting the distortion – The EU Commission way · 2023-02-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/arresting-the-distortion-the-eu-commission-way · By Gopakrushna Das · The article elaborately analyses the recent imposition of definitive anti-dumping duty by the European Union on imports of fatty acid originating from Indonesia. The article tries to decode how the EU Anti-dumping Regulation deals with cases where the raw material prices are distorted and how the Commission in the present case implemented the said Regulations.
‘Value addition’ in Value Addition Tax: Extension of limitation period · 2023-01-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/value-addition-in-value-addition-tax-extension-of-limitation-period · By Disha Bhandari, Agrim Arora · Post introduction of GST, the State Governments of Kerala, Gujarat and Telangana have amended their VAT laws with the objective of enhancing the limitation period in different forms. The said extension of limitation period needs to be tested on the touchstone of the Indian Constitution i.e., whether the States continued to possess ‘power’ under the Constitution to levy and administer VAT with the advent of GST law.
Penalty under Sections 221 & 271C for non-deduction/ short deduction of tax at source · 2023-01-24 · Direct Tax · https://www.lkslaw.com/insights/articles/penalty-under-sections-221-271c-for-non-deduction-short-deduction-of-tax-at-source · By Venkat Ramanan, Abhinov Vaidyanathan · The article deals with a peculiar issue of simultaneous applicability of two penal provisions being Sections 221 and 271C of the Income Tax Act, 1961, which may be fastened on the assessee for non-deduction/ short deduction of tax at source. The authors for this purpose consider the relevant provisions, applicability of Rule of Double Jeopardy and various judicial precedents on applicability of two penalty provisions for the short deduction of TDS.
E-waste (Management) Rules · 2023-01-19 · Regulatory · https://www.lkslaw.com/insights/articles/e-waste-management-rules-2022-an-analysis · By Sonali Srivastava · The new Rules will come into force on 1 April 2023 and will introduce recycling targets in the extended producer responsibility (‘EPR’) plan of the producers of e-waste. The article elaborately discusses major changes and the widened scope as compared to the earlier 2016 Rules. The authors discuss the registration requirements, reduction of compliances on bulk consumers, introduction of recycling certificate, introduction of refurbishing certificate and deferred liability, and penal provisions
Divisional Applications in India: Part II · 2023-01-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/divisional-applications-in-india-part-ii · By Shashank Kinra · The article further discusses the evolving law around Divisional Applications in India. Analysing two decisions of the IPAB and one of the Delhi High Court, the article notes that the requirement that the claims of a divisional application have to be based on, more particularly, to have their route, or to be gleaned from, or clearly exist in, the claims of the parent application, appears to be a unique one and such a requirement is not seen in other major jurisdictions, such as Europe or USA.
Playing on the wrong side – United States’ Section 232 measures held inconsistent with WTO law · 2022-12-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/playing-on-the-wrong-side · The WTO Panel has held that USA’s additional duties on imports of steel products and aluminium products are inconsistent with various provisions of the General Agreement on Tariffs and Trade (‘GATT’), most notably the security exception in Article XXI. The article discusses the panel’s key findings concerning the consistency of the US’ measures with GATT Article XXI which enables a WTO Member to take measures which are necessary for the protection of its essential security interests
Arbitral award: Compensation or consideration · 2022-12-29 · GST Consultancy · https://www.lkslaw.com/insights/articles/arbitral-award-compensation-or-consideration · By Kumari Nivedita · The article discusses the GST liability on arbitral awards. It notes that though the CBIC Circular No. 178/10/2022-GST, dated 3 August 2022 has paved the way in understanding the GST implications on arbitral awards, determination of the nature of the arbitral award, requires analysis of facts surrounding each case and the terms and conditions of the contract entered between the parties as the awarded amount may not necessarily be in the nature of a compensation.
Normal and substantial profits – A new yardstick for charitable purpose · 2022-12-23 · Direct Tax · https://www.lkslaw.com/insights/articles/normal-and-substantial-profits-a-new-yardstick-for-charitable-purpose · By Prachi Bhardwaj  Sanjhi Agarwal · The charitable trusts/institutions enjoy substantial income-tax benefits and hence are often subject to detailed scrutiny to ensure that commercial concerns are kept outside the boundaries of the tax-exempt status. Tracing the evolution of the definition of charitable purpose and its judicial interpretation, the article explains the recent decision of the Supreme Court in the case of Ahmedabad Urban Development Authority. According to the authors...
Navigating a workplace investigation · 2022-12-22 · Employment Law · https://www.lkslaw.com/insights/articles/navigating-a-workplace-investigation · By Ayushi Aggrawal · The article notes that due to subjective nature of the investigations under consideration, there is no set mechanism or strict procedure which needs to be adhered to, for conducting such investigations. The authors however discuss the broad guidelines related to requisition, review and questionnaire, investigation interviews, transcripts, and preparing the investigation report, which aid the investigation team and are to be read along with the internal policies of the concerned organization.
Divisional Application in India: Evolving jurisprudence · 2022-12-19 · Intellectual Property · https://www.lkslaw.com/insights/articles/divisional-application-in-india-evolving-jurisprudence · The article discusses elaborately the evolving jurisprudence of Divisional Applications in India. It notes that in India, a divisional application under Section 16 of the Patents Act, 1970 may be pursued to overcome an objection by the Patent Office on the unity of invention, or voluntarily by the Applicant if the claims of the parent Application are directed to more than one invention. Citing a recent decision of the Delhi High Court, the authors note that in India...
OFAC - Insights into the US sanctions regime · 2022-12-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/ofac-insights-into-the-us-sanctions-regime · By Arpit Mehra · In the previous article , we shed light on the nature and extent of Western sanctions. We explained that among the numerous measures adopted by the Western nations in response to the Russia-Ukraine conflict, unilateral sanctions have been employed as a primary instrument to economically penalize Russia and its allies such as Belarus.
Export duty on iron ore and steel intermediaries – An industry perspective! · 2022-11-25 · Customs · https://www.lkslaw.com/insights/articles/export-duty-on-iron-ore-and-steel-intermediaries-an-industry-perspective · By Ravi Raghavan · The Government has with effect from 19 November 2022 rolled back export duty on iron ore pellets and steel products, including pig iron, flat-rolled products of carbon steel and stainless steel, bars, rods and non-alloy steel, vide Notification No. 58/2022-Customs, dated 18 November 2022.
Company Secretary whether liable for misleading financial information given by a company · 2022-11-24 · General Corporate · https://www.lkslaw.com/insights/articles/company-secretary-whether-liable-for-misleading-financial-information-given-by-a-company · By Manan Chhabra · In V. Shankar v. SEBI , the company secretary (CS) of Deccan Chronicle Holding Limited (‘DCHL’) was absolved by Securities Appellate Tribunal (‘SAT’), Mumbai, from the liability imposed by the Adjudicating Officer (‘AO’) of Securities Exchange Board of India (‘SEBI’) on DCHL for misleading financial statements and information given by the DCHL.
Supreme Court upholds 2014 amendment of Pension Scheme with certain caveats · 2022-11-23 · General Corporate · https://www.lkslaw.com/insights/articles/supreme-court-upholds-2014-amendment-of-pension-scheme-with-certain-caveats · By Ayushi Agrawal · The Supreme Court on 4 November 2022, upheld the constitutional validity of certain amendments made to the Employees’ Pension Scheme (‘EPS’) by way of the Employees' Pension (Amendment) Scheme, 2014 (‘Amendment Scheme’). This much-awaited ruling in the matter of Employees’ Provident Fund Organisation & Another v. Sunil Kumar B. and Others will impact thousands of working individuals and make the EPS more viable.
Benefit of Most Favoured Nation clause for dividend income of non-resident – Interesting battle to watch out for before Apex Court · 2022-11-17 · Direct Tax · https://www.lkslaw.com/insights/articles/benefit-of-most-favoured-nation-clause-for-dividend-income-of-non-resident-interesting-battle-to-watch-out-for-before-apex-court · By Harshit Khurana · In the tax treaties entered by India with countries such as Netherlands, France, Swiss Confederation, and Sweden, India has agreed for Most Favoured Nation clause (‘MFN clause’) with the treaty Partner. The MFN clause finds presence in the protocol to the tax treaty, which forms an integral part of the tax treaty .
Are the time limits prescribed by the Patents Act · 2022-11-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/are-the-time-limits-prescribed-by-the-patents-act-1970-mandatory-or-directory · The issue in this article discusses on the prescribed timelines set under the Patents Act, 1970 (‘Act’) and the Patent Rules, 2003 (‘Rules’) and throws insights on the flexibility of timelines set forth under different orders.
Amendment to the Intermediary Guidelines: Increased due diligence and grievance redressal · 2022-11-02 · Regulatory · https://www.lkslaw.com/insights/articles/amendment-to-the-intermediary-guidelines-increased-due-diligence-and-grievance-redressal · By Prashant Phillips, Sameer Avasarala · The Ministry of Electronics and Information Technology (‘MEITY’) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 on 28 October 2022 (‘Amendment’) which introduces certain enhanced due diligence obligations for intermediaries, changes in timeline and grievance redressal procedures and constitution of grievance appellate committees.
Beware of sharks in the water – Navigating trade in a world of sanctions · 2022-10-31 · International Trade and WTO · https://www.lkslaw.com/insights/articles/beware-of-sharks-in-the-water-navigating-trade-in-a-world-of-sanctions · By Jayant Raghu Ram · On 24 February 2022, Russian tanks and troops rolled into Ukraine, thus triggering the beginning of the ongoing conflict in Ukraine region and putting an end to the months of speculation regarding the possibility of war.
Essentiality Certificates under Customs and GST laws: Need for synchronization · 2022-10-28 · Customs · https://www.lkslaw.com/insights/articles/essentiality-certificates-under-customs-and-gst-laws-need-for-synchronization · By Anshul Mathur · Petroleum is an indispensable commodity for the fulfilment of daily human needs. Not only does the petroleum industry act as a nodal industry for other industries like textile, automobile etc., petroleum has deep-rooted impact on the inflation rate and economic growth of a country.
A quandary of claim of Foreign Tax Credit · 2022-10-27 · Direct Tax · https://www.lkslaw.com/insights/articles/a-quandary-of-claim-of-foreign-tax-credit · By Sanjhi Agarwal  Snehal Shukla · The rapid infusion of digitisation into the business has made world one global market. In today’ era, the business transactions extend beyond national boundaries and the businesses are tailored to meet the needs of consumers over wider geographic areas.
Ban on online gaming: The saga continues · 2022-10-20 · Regulatory · https://www.lkslaw.com/insights/articles/ban-on-online-gaming-the-saga-continues · By Ayush Sharma · The State of Tamil Nadu has recently promulgated an Ordinance Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 for the regulation of online gaming in the State. The Ordinance prohibits online gambling and playing of online games of chance with money or other stakes. The State government through a Schedule under the Ordinance has also identified ‘rummy’ and ‘poker’ as games of chance...
Recycle with care · 2022-10-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/recycle-with-care · Section 29(1) of the Trade Marks Act, 1999 (‘Act’) provides the manner in which a registered trademark may be infringed by a person not being a registered proprietor or an authorized user of the registered trademark. It states that such a person may infringe a registered trademark if, in the course of trade, the person uses an identical or deceptively similar trademark...
Powers of Central Government in imposing trade remedial measures · 2022-09-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/powers-of-central-government-in-imposing-trade-remedial-measures · Recently the Gujarat High Court in the case Real Strips v. Union of India had an occasion to decide the nature of powers exercised by the Ministry of Finance in deciding the imposition of countervailing duty. The article critically analysis the judgement of the High Court in the light of recent controversy surrounding the issue. The author analyses the issue on two metrics...
Draft Telecommunications Bill – An Explainer · 2022-09-29 · Regulatory · https://www.lkslaw.com/insights/articles/draft-telecommunications-bill-an-explainer · By Prashant Phillips · The Department of Telecommunications has released the Draft Telecommunications Bill, which proposes a comprehensive framework governing licensing of telecommunication services, right of way, standards for public safety and national security, user safety apart from other provisions. The Bill aims to develop a future-ready legal framework that aligns telecommunication law with international standards and best practices, recognizing the importance of national, cyber security and public safety.
Government/ PSU procurements – Possible consequences of Supreme Court decision in Bharat Forge · 2022-09-27 · GST Consultancy · https://www.lkslaw.com/insights/articles/government-psu-procurements-possible-consequences-of-supreme-court-decision-in-bharat-forge · By Atul Gupta  Narendra Singhvi · Procurement by Government or Public Sector Undertakings through tenders has been subject to frequent litigations. The article discusses the recent decision of Supreme Court in Bharat Forge Limited which will have widespread implications on the whole procurement process. The Court has held that the supplier is required to enquire and thereafter arrive at a conclusion regarding the relevant HSN Code and the relevant rate of tax applicable to the item. Further, the Apex Court has directed that...
Payment recovery mechanism against erring foreign importers · 2022-09-22 · Regulatory · https://www.lkslaw.com/insights/articles/payment-recovery-mechanism-against-erring-foreign-importers · By  Aman Gupta · Since 1991, the opening of Indian markets during the liberalization, privatization and globalization drive in India led to a boost in international/ foreign trade. However, as is said, every coin has a flip side. With increasing globalization and international trade, the risk of non-payment/ non-realization against the exports made to the foreign importers has increased accordingly.
Applicability of the Doctrine of Equivalents in the Indian context · 2022-09-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/applicability-of-the-doctrine-of-equivalents-in-the-indian-context · With the passage of time, new technology is emerging day by day and this has resulted in a greater number of patent related disputes than ever. One of the key elements surrounding a patent dispute is the construction of the claim language, or claim construction, to determine their scope and extent of coverage.
Foreign companies’ obligation to file tax return in India · 2022-09-19 · Direct Tax · https://www.lkslaw.com/insights/articles/foreign-companies-obligation-to-file-tax-return-in-india · By Neha Sharma · One of the issues of wide interest and contemplation is whether a foreign company is liable to file a return in India when there is income accruing or arising in India but the same is not liable to tax, either because of an exemption under the Income Tax Act, 1961 or on account of the beneficial provisions of the Double Taxation Avoidance Agreements (DTAA). The article deals with various circumstances...
Indo-Pacific Economic Framework and future of cross-border data flows · 2022-09-16 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/indo-pacific-economic-framework-and-future-of-cross-border-data-flows · By Prashant Phillips · India, 13 (thirteen) other Asian countries and the United States are part of an Indo-Pacific Economic Framework (IPEF) which share a commitment to free, open, fair and a prosperous Indo-Pacific that has the potential to achieve sustained and inclusive economic growth.
“To Deal or Not to Deal is the real question” - Vertical Restraints in the FMCG Sector · 2022-08-31 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/to-deal-or-not-to-deal-is-the-real-question-vertical-restraints-in-the-fmcg-sector · By Neelambera Sandeepan · One of the objectives of the Competition Act, 2002 (“Act”) is to ensure that all market participants enjoy freedom of trade, allowing them to freely decide their choice of business, their modus operandi, and take other commercial decisions.
Reference-price based anti-dumping duty: The Indian perspective · 2022-08-29 · International Trade and WTO · https://www.lkslaw.com/insights/articles/reference-price-based-anti-dumping-duty-the-indian-perspective · By  V. Baratwaj · Anti-dumping investigations are conducted to determine the existence of dumping which causes injury to the domestic industry in the investigating country. In simple language, dumping is the act of exporting the product at a price lower than the price at which the said product is sold in the domestic market of the exporting country, thus causing injury to domestic producers in the importing country.
New Rule 88B providing for manner of calculating interest – Susceptible to challenge? · 2022-08-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/new-rule-88b-providing-for-manner-of-calculating-interest-susceptible-to-challenge · By R. Sahana · Due to periodical amendments, the provisions relating to levy of interest under GST has been the subject matter of varied interpretations. The issue concerning payment of interest on the gross/net tax liability in case of delayed payment of taxes was the subject matter for our article published in Tax Amicus (May 2022/Issue 131).
Advent of a new-era Digital India Act – Key aspects to look out · 2022-08-23 · Regulatory · https://www.lkslaw.com/insights/articles/advent-of-a-new-era-digital-india-act-key-aspects-to-look-out · By Prashant Phillips · The Government is in the process of drafting a ‘Digital India Act’ which is slated to replace the Information Technology Act, 2000 and propose a comprehensive framework for IT, regulation of social media platforms, streaming platforms, govern use and deployment of new technologies and introduce certain other provisions. The article highlights the focal points of this regulation and provides some thoughts on each of those aspects.
Supreme Court clarifies on assessment of amalgamated entities · 2022-08-22 · Direct Tax · https://www.lkslaw.com/insights/articles/supreme-court-clarifies-on-assessment-of-amalgamated-entities · By M.V Vishal Sundar · The article examines the rationale and thrust of a recent Supreme Court decision in the case of Mahagun Realtors (P) Ltd., wherein the Apex Court has clarified that an amalgamation would not per se invalidate an assessment order issued in the name of the transferor company. Discussing the facts of the case, the authors elaborate on the findings of the Court that notice issued in name of amalgamated entity is not always fatal to the proceedings
Violation of Section 13 of the Income Tax Act – Denial of entire exemption vs. partial exemption · 2022-08-19 · Direct Tax · https://www.lkslaw.com/insights/articles/violation-of-section-13-of-the-income-tax-act-denial-of-entire-exemption-vs-partial-exemption · By Abhinov Vaidyanathan · The Income Tax Act, 1961 (‘IT Act’) provides for various benefits for trusts which are established for charitable or religious purposes and registered under the IT Act. Sections 11 and 12 of the IT Act are the substantive provisions for exemptions available to religious and charitable trusts.
Trademark squatting – Jurisdictional perspectives · 2022-08-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/trademark-squatting-jurisdictional-perspectives · By Anoop Verma · The ‘Doctrine of Territoriality’, accords protection to a trademark within the territory of the state where it has been registered or used. In simpler words, it means that a trademark shall be protected against any unauthorized use by any person within the country where it has been registered, used, or is known to the public.
Data Protection Bill withdrawn: Roadblocks towards a comprehensive data protection framework · 2022-08-05 · Intellectual Property · https://www.lkslaw.com/insights/articles/data-protection-bill-withdrawn-roadblocks-towards-a-comprehensive-data-protection-framework · This week witnessed yet another roadblock towards a comprehensive data protection framework for India, as the Data Protection Bill, 2021 (‘Bill’), as reported by the Joint Committee of the Parliament (‘JCP’), was withdrawn in the Parliament , amidst reports that a comprehensive legal framework is being worked upon, considering the recommendations of the JCP.
Data Privacy in India: Implementation Series – Preparing a Privacy Notice – Part 2 · 2022-08-01 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/data-privacy-in-india-implementation-series-preparing-a-privacy-notice-part-2 · In Part 1 of the Implementation Series, we discussed the first four essentials as proposed under the Data Protection Bill, 2021 (the ‘Bill’). Here, we will deal with the next four elements of a privacy notice specified under Clause 7 of the Bill.
Opening market access in government procurement through India-UAE FTA · 2022-07-29 · International Trade and WTO · https://www.lkslaw.com/insights/articles/opening-market-access-in-government-procurement-through-india-uae-fta · By Aayush Rastogi  Ashutosh Arvind Kumar · In March 2022, India and UAE entered into a Free Trade Agreement. This Agreement is known as Comprehensive Economic Partnership Agreement (‘CEPA’). Among different aspects of trade and investment that were negotiated and incorporated under this agreement, the chapter on government procurement stands out.
Arrest of perpetrators for fraudulent passing and availing ITC in GST – Some issues · 2022-07-27 · GST Consultancy · https://www.lkslaw.com/insights/articles/arrest-of-perpetrators-for-fraudulent-passing-and-availing-itc-in-gst-some-issues · By Atul Gupta · Under the Cenvat and Modvat regime as well as under various incentive schemes under the Customs law/FTDRA, there were unscrupulous persons, who created various firms/companies in the name of other individuals, existing or non-existing, for the purposes of undertaking fraudulent paper transactions.
Data Privacy in India: Implementation Series - Preparing a Privacy Notice - Part 1 · 2022-07-25 · Intellectual Property · https://www.lkslaw.com/insights/articles/data-privacy-in-india-implementation-series · India is moving towards a privacy conscious regime and is trying to catch up with the world on recognizing privacy in digital space. While handling personal data, a data fiduciary is to adhere to the principles of lawfulness, transparency, fairness, data minimisation, accuracy, integrity, accountability, purpose and storage limitation.
Deduction under 10AA – Benefit available even after sunset date? · 2022-07-21 · Direct Tax · https://www.lkslaw.com/insights/articles/deduction-under-10aa-benefit-available-even-after-sunset-date · Special Economic Zones (‘SEZ’) were introduced with an intent to drive economic growth along with quality infrastructure complemented by attractive fiscal package. Initially introduced in the form of SEZ Policy in 2000, the scheme was subsequently formalised in the form of SEZ Act, 2005 (‘SEZ Act’).
Prevention of misleading advertisements – Analysis of guidelines issued by Central Consumer Protection Authority · 2022-07-20 · Regulatory · https://www.lkslaw.com/insights/articles/prevention-of-misleading-advertisements-analysis-of-guidelines-issued-by-central-consumer-protection-authority · By  Manan Chhabra · The Consumer Protection Act, 2019 (‘Act’), which came into force on 20 July 2020, defines ‘misleading advertisement’ in relation to any product or service
Obtaining statutory licence requires strict compliance with Copyright Rules · 2022-07-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/obtaining-statutory-licence-requires-strict-compliance-with-copyright-rules · By Gursimran Narula  Godhuli Nanda · Over the years, radio broadcasters and copyright owners i.e., music producers have been in a tussle before various courts and tribunals on various issues pertaining to music licensing. In the past year, radio broadcasters and music producers have been at crossroads with each other regarding compliance with certain rules prescribed for obtaining a statutory licence.
Single colour trademarks – A ‘grey’ area · 2022-07-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/single-colour-trademarks-a-grey-area · By  Anushka Verma · The trademark regime in India provides broad protection and covers unconventional marks such as shape marks, sound marks, image marks, combination of colours, etc. However, when it comes to single colour marks, the regime is far from colourful.
Bid-Rigging in Public Procurement: An Indian Perspective · 2022-07-08 · Commercial Litigation · https://www.lkslaw.com/insights/articles/bid-rigging-in-public-procurement-an-indian-perspective · By Neelambera Sandeepan, Amruta Pradhan · The Competition Commission of India (“CCI”) in recent years, has become a vigorous regulator. Frequent, suo moto investigations, exemplary penalties to create a deterrent effect, and market studies to better understand evolving markets are some of the actions taken by the CCI in the past few years.
Notes from the WTO’s 12th Ministerial Conference – India saves the day · 2022-06-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/notes-from-the-wto-s-12th-ministerial-conference-india-saves-the-day · The World Trade Organization (‘WTO’) concluded the 12th Ministerial Conference (‘MC 12’) in Geneva on 16 June 2022. Being the first Ministerial Conference since the outbreak of the Covid pandemic in 2020 and being held after a more than four-year hiatus, MC 12 was one of the most anticipated Ministerial Conferences.
Compensation Cess and sharing of revenue with States · 2022-06-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/compensation-cess-and-sharing-of-revenue-with-states · On the 5th Anniversary of implementation of GST in India, the article discusses the levy of compensation cess which was initially imposed to compensate the States for their revenue loss due to GST implementation, and which was supposed to expire after 5 years. Elaborately discussing the levy, the article deliberates the background of the recommendation of the GST Council to extend the levy till March 2026. It also notes how the States will not get any compensation after June 2022. The authors...
Contract labour under the new regime – An Overview · 2022-06-22 · Employment Law · https://www.lkslaw.com/insights/articles/contract-labour-under-the-new-regime-an-overview · Under the Constitution of India, ‘labour’ is a subject matter of the concurrent list. Therefore, both Central and State Governments have the power to enact labour and employment legislations. This has frequently resulted in legal quagmires because of numerous laws being enacted having overlapping provisions and governing similar subject matters relating to labour and employment.
The Government Giveth and the Government Taketh Away: Charitable Institutions satisfied but facing accounting complexities · 2022-06-20 · Direct Tax · https://www.lkslaw.com/insights/articles/the-government-giveth-and-the-government-taketh-away-charitable-institutions-satisfied-but-facing-accounting-complexities · By Tanmay Bhatnagar · The year 2022 has witnessed major changes in exemption regimes available to charitable institutions under the Income-tax Act, 1961 (‘IT Act’). Through these changes, while the Government has seemingly decayed one issue faced by charitable institutions, it has also given birth to a new one. The following paragraphs will discuss both these issues and analyze the Jekyll and Hyde nature of the amendments of 2022.
Scope of remand in pre-grant oppositions · 2022-06-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/scope-of-remand-in-pre-grant-oppositions · By Malathi Lakshmikumaran · The present article deals with a noteworthy decision of the Indian Patents Office (‘IPO’) on the pre-grant opposition under Section 25(1) of the Patents Act, 1970 (‘Patents Act’). The said order was issued pursuant to the Delhi High Court (‘High Court’) remanding the matter to the Assistant Controller of Patents & Design (‘Controller’).
Amendment to Intermediaries Guidelines · 2022-06-15 · Regulatory · https://www.lkslaw.com/insights/articles/amendment-to-intermediaries-guidelines · By Prashant Phillips,  Sameer Avasarala  Gaurav Tiwari · Recently, the Ministry of Electronics & Information Technology (‘MEITY’) released a draft amendment (‘Draft Amendment’) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘Guidelines’) for public consultations. The Draft Amendment proposes to bring about certain changes to the grievance redressal mechanism, timelines for responding to grievances and proposes constitution...
India and its recent comprehensive trade agreements – Attempting success for market access · 2022-05-31 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-and-its-recent-comprehensive-trade-agreements-attempting-success-for-market-access · By Devinder Bagia  Jayant Raghu Ram · In November 2019, the Government of India (‘GOI’) surprised the international trading community by withdrawing from the negotiations for the Regional Comprehensive and Economic Partnership Agreement (RCEP), which it had been part of for several years.
Interest on delayed payment of tax – The saga continues! · 2022-05-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/interest-on-delayed-payment-of-tax-the-saga-continues · By R. Sahana · This article concerns Section 50 of the Central Goods and Services Tax Act, 2017 (‘CGST Act’). Much has been said and done about whether interest is liable to be paid on the gross tax liability in case of delayed payment of taxes.
ESG – A sustainable model for a better future · 2022-05-20 · General Corporate · https://www.lkslaw.com/insights/articles/esg-a-sustainable-model-for-a-better-future · By Kumar Panda · Securities Market Regulator, SEBI, on 5 May 2021, made it mandatory for the top 1,000 listed entities (by market capitalization calculated as on the 31st day of March of every financial year) to provide annually a Business Responsibility and Sustainability Report (BRSR) from the financial year 2022-23.
Apex Laboratories: A bitter pill to swallow for the Healthcare sector? · 2022-05-18 · Direct Tax · https://www.lkslaw.com/insights/articles/apex-laboratories-a-bitter-pill-to-swallow-for-the-healthcare-sector · By Tanmay Bhatnagar · A contentious issue that has seen much litigation in the recent past is regarding the claim of expenditure under Section 37 of the Income-tax Act, 1961 (‘IT Act’) incurred by pharmaceutical companies on gifting of freebies to doctors.
Copyright authorship to artificial intelligence: Who owns it? · 2022-05-17 · Intellectual Property · https://www.lkslaw.com/insights/articles/copyright-authorship-to-artificial-intelligence-who-owns-it · By Anushka Verma · On 14 February 2022, the Review Board of the United States Copyright Office (‘Board’) opined on the registrability of works generated by Artificial Intelligence (‘AI’), a topic which has been deliberated by scholars and professionals in the field of intellectual property law since the advent of autonomous technology.
Domain Name Registrars and their role in domain name infringement suits · 2022-05-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/domain-name-registrars-and-their-role-in-domain-name-infringement-suits · By Vaishali Joshi  Godhuli Nanda · The article analyses a recent decision of the Delhi High Court wherein the Court refused to grant the prayer seeking issuance of an omnibus order restraining the Defendants from offering domain names containing the word ‘SNAPDEAL’. Yet, the Court held that the Defendants will not be granted the ‘safe harbour’ protection under Section 79 of the Information Technology Act, 2000 if they continue to provide alternate domain names, for commercial profits, which infringe the registered trademarks.
Analyzing the new CERT-IN Directions: Wider gamut than breach reporting · 2022-05-09 · Regulatory · https://www.lkslaw.com/insights/articles/analyzing-the-new-cert-in-directions-wider-gamut-than-breach-reporting · By Prashant Phillips, Sameer Avasarala · The CERT-IN has released a set of Directions dated April 28, 2022 under the Information Technology Act (“Directions”) which relate to reporting of cyber security incidents and adopting additional measures towards protection of the IT and internet ecosystem in India. The article discusses the directions, enhanced obligations and new obligations introduced under the Directions for virtual private networks, virtual private servers and virtual asset providers…
Demystifying SPACs Is the time ripe for Indian companies to list on overseas bourses · 2022-05-03 · Private Equity & VC · https://www.lkslaw.com/insights/articles/demystifying-spacs-is-the-time-ripe-for-indian-companies-to-list-on-overseas-bourses · By L. Badri Narayanan · Goldman Sachs backed Renew Power - one of India’s largest renewable energy companies, finally announced overseas listing through SPAC after long drawn discussions on raising funds through asset sale or listing through an IPO in India.
Particular Market Situation in anti-dumping cases: A tool to address distortions · 2022-04-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/particular-market-situation-in-anti-dumping-cases-a-tool-to-address-distortions · Particular Market Situation is a situation existing in the market of a product in the exporting country which is ‘particular’ or ‘distinct’ to the product in a manner that it can potentially distort its domestic selling prices and render them unfit for comparison with the export prices. Observing that the law is silent regarding the appropriate approach to determine the existence of a PMS, the article discusses some recent cases wherein the Indian investigating authority undertook a PMS analysis
Passing of an interim order during stay on a suit of infringement proceedings · 2022-04-26 · Intellectual Property · https://www.lkslaw.com/insights/articles/passing-of-an-interim-order-during-stay-on-a-suit-of-infringement-proceedings · By Raghav Sarda · The article discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5). The Court confirmed that an interim order can be passed even if the infringement suit has been stayed in view of Section 124. However, the Court stated that in order to analyze whether an interim order can be passed under Section 124(5), it is imperative to look...
Dishonest use of a well-known and descriptive trademark amounting to infringement · 2022-04-26 · Intellectual Property · https://www.lkslaw.com/insights/articles/dishonest-use-of-a-well-known-and-descriptive-trademark-amounting-to-infringement · By Vindhya S. Mani · The article analyses decision of the Delhi High Court which has held that once the Plaintiff has shown that the use by the Defendants is of the exact word i.e., the registered trademark of the plaintiff, and that the goods or services are identical, the Court will necessarily presume that confusion would arise in the minds of the public or consumers as to the origin of the goods or services and accordingly, an interim injunction would have to be issued. The authors state that even though...
Discharge of indirect tax liabilities and procedural compliance during intervening period in case of amalgamation/ merger / demerger · 2022-04-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/discharge-of-indirect-tax-liabilities-and-procedural-compliance-during-intervening-period-in-case-of-amalgamation · The article discusses at length the significance of ‘appointed date’, ‘effective date’ and various clauses of the scheme of amalgamation/ merger/ demerger in the light of indirect tax laws. Elaborating upon the concepts, the author deliberates on a dispute in respect of those transactions which are undertaken between the appointed date and the effective date/till the fresh registration under indirect tax is obtained by the successor in its own name.
SEBI tweaks IPO norms: A cautioned approach · 2022-04-21 · Securities Law · https://www.lkslaw.com/insights/articles/sebi-tweaks-ipo-norms-a-cautioned-approach · By Pratyush Jain,  Sonali Srivastava · The Initial Public Offering (‘IPO’) market has been booming ever since the dawn of 2020. As per the latest EY Global IPO Report, the year 2021 has been the best IPO year since the last 20 years.
Crypto taxation in the Finance Act · 2022-04-19 · Direct Tax · https://www.lkslaw.com/insights/articles/crypto-taxation-in-the-finance-act-2022-the-indian-conundrum · By Ushashi Datta · In November 2021, the government floated the idea that it was going to introduce ‘The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021’, to lay down a framework for regulating transactions involving cryptocurrency.
Obligation of vigilance under Insolvency and Bankruptcy Code · 2022-04-06 · Insolvency · https://www.lkslaw.com/insights/articles/obligation-of-vigilance-under-insolvency-and-bankruptcy-code-2016 · By S. Vasudevan · Vigilantibus, et non dormientibus, jura subveniunt is a noted maxim which means ‘the laws assist those who are vigilant, not those who sleep over their rights ‘ . This is a pertinent principle which applies predominantly while determining if a particular cause of action has been espoused within the limitation period.
Merger Control in India : A Review of the Year 2021 · 2022-04-05 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/merger-control-in-india-a-review-of-the-year-2021 · By Neelambera Sandeepan · Mergers and acquisitions in India reached near an all-time high in the year 2021 after deals worth US $90.4 billion were struck in the first nine months. Of these, a total of 95 combinations were notified to the Competition Commission of India (“CCI”).
Standard of review in sunset review investigation – CESTAT shines new light · 2022-03-31 · International Trade and WTO · https://www.lkslaw.com/insights/articles/standard-of-review-in-sunset-review-investigation-cestat-shines-new-light · By Devinder Bagia · In a sunset review investigation, the objective of the review carried out by the investigating authority is to determine whether there is a likelihood of continuation or recurrence of dumping and injury upon cessation of Anti-Dumping Duty (‘ADD’). Only if there is a likelihood, can the investigating authority recommend the continuation of ADD.
Delhi High Court expounds on Doctrine of Equivalence and parallel import under patent law · 2022-03-28 · Intellectual Property · https://www.lkslaw.com/insights/articles/delhi-high-court-expounds-on-doctrine-of-equivalence-and-parallel-import-under-patent-law · By Vindhya S. Mani · In the recent case of Sotefin SA v. Indraprastha Cancer Society And Research Center & Ors a Single Judge of the Delhi High Court granted an interim injunction by restraining the Defendants from making, selling, exporting, or from offering for sale, importing or in any manner directly or indirectly dealing with infringing products namely, ‘Smart Dollies’ that infringed the Plaintiff’s patent IN214088 pertaining to a ‘Carriage for the horizontal transfer of motor vehicles in automatic mechanical
(In)voluntary payments made during investigations – Perspectives from Bundl Technologies · 2022-03-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/in-voluntary-payments-made-during-investigations-perspectives-from-bundl-technologies · One of the common woes of an assessee facing an investigation, under the Central Goods and Service Tax Act, 2017 (‘CGST Act’) is that they are often compelled to make payments during the pendency of the investigation, mostly only to buy peace temporarily.
Evolving cooperation on facilitating easier cross-border data flows · 2022-03-25 · Regulatory · https://www.lkslaw.com/insights/articles/evolving-cooperation-on-facilitating-easier-cross-border-data-flows · By Prashant Phillips · Transfers of personal data and non-personal data across borders remains an aspect of significant concern and consideration in the growth of digital economies.
Cross-border Insolvency – The ever-evolving framework · 2022-03-24 · Insolvency · https://www.lkslaw.com/insights/articles/cross-border-insolvency-the-ever-evolving-framework · By Manasa Tantravahi · We had dealt with the draft chapter on Cross Border Insolvency (‘CBI’), proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (‘IBC’/ ‘Code’) vide Public Notice dated 20 June 2018, in our previous article featured in August 2018.
BOCW Act: Applicability on factories? · 2022-03-24 · Real Estate · https://www.lkslaw.com/insights/articles/bocw-act-applicability-on-factories · By Apeksha Bansal · The article discusses the applicability of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (‘BOCW Act’) to factories wherein construction activity for the purpose of expansion or constructing godowns is being undertaken.
Disallowance under Section 14A proposed even in absence of exempt income: Tax net tightened in Budget 2022? · 2022-03-21 · Direct Tax · https://www.lkslaw.com/insights/articles/disallowance-under-section-14a-proposed-even-in-absence-of-exempt-income-tax-net-tightened-in-budget-2022 · Finance Bill, 2022 has brought in certain amendments with an intent to augment revenue and one such amendment is fetched into Section 14A of the Income-tax Act, 1961 (‘Act’).
Evolving EV ecosystem in India · 2022-02-25 · Customs · https://www.lkslaw.com/insights/articles/evolving-ev-ecosystem-in-india · By Amber Kumrawat · The article highlights the changes in entries relating to electric vehicles (‘EV’) and their probable impact on the EV ecosystem in India. Discussing the amendments made by a notification issued as part of Budget 2022 proposals, the authors point out that though there is no change in the rate of duty, the changes carried out in the description in context of the form and the manner in which the goods are to be imported is likely to cause muddle among the industry and the field formations.
Exclusion of Standard-Compliant Products from the scope of the PUC · 2022-02-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/exclusion-of-standard-compliant-products-from-the-scope-of-the-puc · The article examines the recent Final Findings issued by the DGTR in the Mid-Term Review of countervailing duty on imports of Welded Stainless-Steel Pipes and Tubes (‘product under consideration’, ‘PUC’) from China PR and Vietnam. The author elaborately discusses the three reasons as listed by the DGTR while rejecting exclusion of specific grades of the PUC compliant with American Society of Mechanical Engineers-Bioprocessing Equipment (ASME-BPE) standards.
Prior use v. registered trademark · 2022-02-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/prior-use-v-registered-trademark · By Raghav Sarda · The article analyses Section 34 of the Trade Marks Act, 1999 which keeps on a higher ground the rights of a prior user of the mark than that of the registered proprietor of a trademark who is granted registration later. It highlights the key requirements that a prior user is required to meet and what the Courts consider in determining whether the ‘use’ requirements are satisfied. The article also discusses a few examples of evidentiary documentation that can be used...
Taxing of crypto gains – Ushering in a new era of regulation · 2022-02-23 · Direct Tax · https://www.lkslaw.com/insights/articles/taxing-of-crypto-gains-ushering-in-a-new-era-of-regulation · By  Kumar Panda · The proposed taxation regime and the requirements under the Companies Act, 2013 are in line with the updated guidance for virtual assets issued by Financial Action Task Force, an inter-governmental organisation in October 2021. Elaborating on the new tax regime, the author also deliberates upon how different countries across the world are regulating and taxing crypto currency transactions…
Dilemma of formation by reconstruction or splitting-up of existing business – A deterrent to income-tax benefits? · 2022-02-15 · Direct Tax · https://www.lkslaw.com/insights/articles/dilemma-of-formation-by-reconstruction-or-splitting-up-of-existing-business-a-deterrent-to-income-tax-benefits · By  Prachi Goel  Aastik Ahuja · The legislature has time and again introduced various income-tax benefits and incentives to encourage fresh investments and stimulate the economic growth. These incentives are generally given to new businesses in form of tax holidays, concessional tax rates or additional deductions.
India – sugar subsidies: A bitter verdict at the WTO · 2022-02-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/india-sugar-subsidies-a-bitter-verdict-at-the-wto · By  Jayant Raghu Ram · On 14 December 2021, a dispute settlement panel of the World Trade Organization (‘WTO’) circulated its report concerning the subsidies allegedly granted and maintained by India in respect of sugar domestically produced and exported from India.
Competition Law in India – 2021 · 2022-01-31 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/competition-law-in-india-2021-a-year-in-review · By Charanya Lakshmikumaran, Neelambera Sandeepan, Prathamesh Pareek · The year 2021 has been quite enriching for the competition law regime in India with multiple investigations ordered into varied sectors such as technology, sports, cinema and automobile. The year ended with the Competition Commission of India (“CCI") directing an investigation into allegations of abuse of dominance by Apple in the market for app stores for iOS in India.
Delhi High Court lays down rules of claim construction – Literal rule of interpretation to be applied while interpreting claims · 2022-01-28 · Intellectual Property · https://www.lkslaw.com/insights/articles/delhi-high-court-lays-down-rules-of-claim-construction-literal-rule-of-interpretation-to-be-applied-while-interpreting-claims · By Malathi Lakshmikumaran  Srinivasan T. · In a detailed judgment, the Single Judge of the Delhi High Court rejected the challenge to the validity of the suit patent raised by the Defendants, as they had failed to establish a credible challenge concerning its validity.
Westinghouse Saxby Farmer Ltd. – The saga continues · 2022-01-25 · Customs · https://www.lkslaw.com/insights/articles/westinghouse-saxby-farmer-ltd-the-saga-continues · The Supreme Court’s decision in Westinghouse Saxby Farmer Ltd. v. CCE, Calcutta (‘Westinghouse decision’) evoked an intriguing discussion on the classification of ‘relays’ used as part of Railway signalling systems.
Valuation under GST – When price is not the sole consideration for a supply? · 2022-01-24 · GST Consultancy · https://www.lkslaw.com/insights/articles/valuation-under-gst-when-price-is-not-the-sole-consideration-for-a-supply · By Satya Sai · Business dynamics requires a company to adopt various models of transactions. The nature and manner of executing such transactions is decided by them considering many business factors.
Reassessment notices issued under old regime – An attempt to revive a dead law? · 2022-01-17 · Direct Tax · https://www.lkslaw.com/insights/articles/reassessment-notices-issued-under-old-regime-an-attempt-to-revive-a-dead-law · By Devashish Jain · The Covid-19 pandemic severely impacted the functionality of both government and citizens right from early 2020. Due to lockdowns and other preventive measures announced by the Government of India (‘GOI’), both taxman and taxpayers were unable to function normally.
Laws related to economic offences – A primer · 2022-01-17 · Economic Offences · https://www.lkslaw.com/insights/articles/laws-related-to-economic-offences-a-primer · By Dinesh Babu Eedi · In India, there is no legislation as such that defines an ‘economic offence’. Economic offences encompass all crimes which occur during the course of any economic or business activity.
Finance Ministry’s decision not to impose anti-dumping duty – Blurred lines · 2021-12-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/finance-ministry-s-decision-not-to-impose-anti-dumping-duty-blurred-lines · Recently, the CESTAT (‘Tribunal’) had allowed an appeal against the Finance Ministry’s decision rejecting the Designated Authority’s recommendation to impose anti-dumping duty (‘ADD’) on imports of Choline Chloride originating in or exported from China PR. This decision of the Tribunal is significant as it is for the first time an appeal has been allowed against such a decision of the Finance Ministry.
Taxability of interest on provident funds · 2021-12-22 · Direct Tax · https://www.lkslaw.com/insights/articles/taxability-of-interest-on-provident-funds · By Samyak Navedia · Provident funds, for the purpose of the Income Tax Act, 1961 (‘IT Act’) can broadly be classified into three classes. First are Statutory Provident Funds, which are established under the Provident Fund Act, 1925 for employees working in Government or Semi-Government organizations, etc.
Demystifying the scope of amendments in patent claims – Indian jurisdiction · 2021-12-20 · Intellectual Property · https://www.lkslaw.com/insights/articles/demystifying-the-scope-of-amendments-in-patent-claims-indian-jurisdiction · By Malathi Lakshmikumaran · Amendments to a patent application form an essential element in demarcating the scope of inventions. In India, claim amendments are governed by Sections 57 to 59 of the Patents Act, 1970 (hereinafter referred to as the ‘Act’).
Taxing times ahead for textile sector? · 2021-12-20 · GST Consultancy · https://www.lkslaw.com/insights/articles/taxing-times-ahead-for-textile-sector · By Ravi Raghavan · The textile sector has recently been in news for various good reasons. The Government is leaving no stone unturned in providing conducive ecosystem to explore the textile industry’s competitive and comparative advantage.
SEBI’s new norms for related party transactions – An overview · 2021-12-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sebi-s-new-norms-for-related-party-transactions-an-overview · In this article, we will be reviewing the changes made by Securities and Exchange Board of India (‘SEBI’) in the related party transaction (‘RPT’) regime for listed entities. On 9 November 2021, SEBI issued the SEBI (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2021 (‘Amendment Regulations’),
What’s in domain? · 2021-11-26 · Intellectual Property · https://www.lkslaw.com/insights/articles/what-s-in-domain · Technological globalization, on account of its international, economical, and accessible character, has forced businesses to shift their business models from physical markets to electronic commerce (e-commerce) portals. In such a scenario, domain names, i.e., the user-friendly form of websites’ IP addresses, form an integral part of businesses as their identifiers in the realm of e-commerce.
Leniency · 2021-11-26 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/leniency-dawn-raid-penalty-a-case-of-cartelization-in-the-beer-market · By Neelambera Sandeepan · The wave of dawn raids by Competition Commission of India (“CCI”) has yet again shown its result in the form of the recent decision of CCI, which found three beer companies to be operating an all-India cartel. In an order dated 24.09.2021 , CCI found United Breweries Limited (“UBL”), Carlsberg India Private Limited (“Carlsberg”),
Margin Scheme – Few unanswered issues · 2021-11-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/margin-scheme-few-unanswered-issues · Generally, GST is payable on the transaction value which is the price paid or payable for the supply of goods and services when transaction takes place between un-related persons and price is the sole consideration for supply. However, a registered person may at his option, discharge tax on sale of used or second-hand goods on the margin amount which is the difference between selling price and purchase price of the goods.
TAX AMICUS- NOV 2021 · 2021-11-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tax-amicus-nov-2021 · Import of goods originating from Sierra Leone will avail duty free tariff preference - Notification 50/2021-Customs dated 22.10.2021 has amended Notification No. 96/2008-Customs dated 13.08.2008 issued for duty free tariff preference for Least Developed Countries to include Sierra Leone as one of the Least Developed Countries.
Special Purpose Acquisition Companies (SPACs): Are we ready to launch the SPAC-ship? · 2021-11-23 · General Corporate · https://www.lkslaw.com/insights/articles/special-purpose-acquisition-companies-spacs-are-we-ready-to-launch-the-spac-ship · By  Vidhi Madan · Although the inception of modern Special Purpose Acquisition Companies (‘SPACs’) started in the United States in the early 1990s, the recent spike in this phenomenon has undoubtedly taken the markets by storm. A current favourite for companies intending to go public is by way of SPACs. They are commonly referred to as ‘blank cheque entities’ or ‘shell companies’ because they raise capital from an initial public offering (‘IPO’) to acquire an unspecified operating business.
Anti-absorption provisions: New tool for strengthening trade remedial measures · 2021-11-22 · International Trade and WTO · https://www.lkslaw.com/insights/articles/anti-absorption-provisions-new-tool-for-strengthening-trade-remedial-measures · By Aayush Rastogi · In Budget 2021-22, the Finance Minister announced the introduction of statutory provisions to check absorption of anti-dumping duty (‘ADD’) and countervailing duty (‘CVD’) measures imposed by the Central Government. These provisions were inserted into Section 9 and Section 9A of the Customs Tariff Act, 1975.
Determination of year of taxability for transfers arising out of registered Joint Development Agreements · 2021-11-22 · Direct Tax · https://www.lkslaw.com/insights/articles/determination-of-year-of-taxability-for-transfers-arising-out-of-registered-joint-development-agreements · By Abhinov Vaidyanathan · In recent times, the most preferred mechanism adopted by the land owners to transfer their immovable property has been under a Joint Development Agreement (‘JDA’). This mode is usually preferred by those land owners who want to develop their lands but do not have the requisite expertise to carry out the same. Therefore, they enter into a JDA with a developer for developing and marketing the land parcel to the buyers for a mutual benefit.
Intermediary services – Why Circular No. 159 should not be ignored? · 2021-10-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/intermediary-services-why-circular-no-159-should-not-be-ignored · After the 45th meeting of GST Council, when Press Release stated that in order to remove ambiguity and legal disputes, Circular will be issued providing clarification(s) on scope of ‘intermediary services’, while some cheered with hope, others did not want to raise their expectations.
Patents – Delhi High Court rules on disclosure vis-à-vis invalidity on ground of obviousness · 2021-10-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/patents-delhi-high-court-rules-on-disclosure-vis-a-vis-invalidity-on-ground-of-obviousness · The article elaborately discusses a recent decision of the Delhi High Court wherein the Court clarified that the mere coverage in every case does not result in obviousness. It also confirmed that the patent applications related to selection inventions may be granted, provided they satisfy three conditions. The High Court also held that coverage and disclosure are distinct concepts.
‘Fall-back liability’ under the Consumer Protection (e-Commerce) Rules · 2021-10-19 · Regulatory · https://www.lkslaw.com/insights/articles/fall-back-liability-under-the-consumer-protection-e-commerce-rules-2020-stricter-norms-in-digital-diaspora · By A S Aniruddha, Vidhi madan · It is no surprise that within a short span of time e-commerce has had a tremendous impact on consumers all over the world. Such dramatic change in the current environment for both businesses and consumers has also posed new challenges, which made it imperative to bring a codified legislation to cater to the interests of the consumers of the e-commerce space.
Imports by the domestic industry – Law and practice in India · 2021-10-19 · International Trade and WTO · https://www.lkslaw.com/insights/articles/imports-by-the-domestic-industry-law-and-practice-in-india · By Devinder Bagia · Applications for initiating anti-dumping and countervailing duty investigations are usually filed by or on behalf of the ‘domestic industry’. Therefore, one of the foremost requirements in any Anti-Dumping (‘AD’) or Countervailing Duty (‘CVD’) investigation is to identify the scope of the ‘domestic industry’.
CSR Regulations and charitable institutions – Recent developments · 2021-10-18 · Direct Tax · https://www.lkslaw.com/insights/articles/csr-regulations-and-charitable-institutions-recent-developments · By Aastik Ahuja · With the advent of The Companies Act, 2013 (‘Companies Act’), the corporates were casted with the mandatory Corporate Social Responsibility (‘CSR’) obligation. Section 135 of the Companies Act provides that every company meeting a stipulated threshold shall spend at least 2% of the average net profits earned during the three immediately preceding financial years, towards CSR activities.
Asset distribution on retirement of partners – A transaction with multiple GST issues · 2021-09-30 · GST Consultancy · https://www.lkslaw.com/insights/articles/asset-distribution-on-retirement-of-partners-a-transaction-with-multiple-gst-issues · By By Arushi Jain · The retirement of partners from the partnership firms is a universal phenomenon. Further, it is not an aberrant practice for partnership firms to distribute assets to its partners at the time of retirement. However, with issues cropping up in the GST law, such distribution of assets to the retiring partners is an area of concern.
Vertical restraints: A competition analysis of car dealer discount policy · 2021-09-29 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/vertical-restraints-a-competition-analysis-of-car-dealer-discount-policy · By Charanya Lakshmikumaran · The Competition Commission of India (“CCI”) in its order dated 23.08.2021 penalized Maruti Suzuki India Limited (“Maruti”) with a fine of INR 200 crore for its Discount Control Policy (“DCP”). The DCP restricted the amount of discount a Maruti dealer could offer to its customers. Maruti also required the dealers to seek prior approval if they wanted to offer discounts (cash and non-cash) beyond the prescribed limits.
Meritorious win: Patentability of computer related inventions in India · 2021-09-27 · Intellectual Property · https://www.lkslaw.com/insights/articles/meritorious-win-patentability-of-computer-related-inventions-in-india · In the case of Ferid Allani v. Union of India and Ors., the Intellectual Property Appellate Board (‘IPAB’) set aside the refusal order of the Indian Patent Office (‘IPO’) and allowed the appellant’s patent application.
Prepaid Instruments – An analysis of master directions issued by RBI · 2021-09-20 · Regulatory · https://www.lkslaw.com/insights/articles/prepaid-instruments-an-analysis-of-master-directions-issued-by-rbi · By Manan Chhabra · Banks regulator, the Reserve Bank of India (RBI), on 27 August 2021, issued the Master Directions on Prepaid Payment Instruments (‘MD PPI’) to introduce significant changes to the existing legal regime pertaining to the prepaid instruments (PPI) viz., under the Master Directions on Issuance and Operation of Prepaid Payment Instruments (‘2017 MD’).
Deciphering the scope of ‘goods’-A labyrinthine task! · 2021-09-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/deciphering-the-scope-of-goods-a-labyrinthine-task · By R. Sahana · The scope and ambit of ‘goods’ has always been a contentious issue from a taxation perspective. Tax policies in India have witnessed an evolution of diverse taxes levied on the acts of production, manufacture, sale, lease and transfer of ‘goods’. Thus, situations where one has had to contend with the question of whether an article qualifies as ‘goods’ has been rather frequent.
Rollback of retro tax: A step in the right direction · 2021-09-17 · Direct Tax · https://www.lkslaw.com/insights/articles/rollback-of-retro-tax-a-step-in-the-right-direction · By Tanmay Bhatnagar · In January 2012, the Supreme Court of India gave relief to foreign investors through its landmark decision in Vodafone International Holdings BV v. Union of India (‘Vodafone case’). However, in a matter of months, the ratio laid down by the Supreme Court was rendered infructuous by way of amendments to the Income-tax Act (‘IT Act’), which were given retrospective effect from 1962.
Circumvention of ADD on ‘ceramic tableware and kitchenware · 2021-09-10 · International Trade and WTO · https://www.lkslaw.com/insights/articles/circumvention-of-add-on-ceramic-tableware-and-kitchenware-excluding-knives-and-toilet-items-from-china-by-imports-from-malaysia-a-case-analysis · By Shubhi Khare · The Designated Authority through anti-dumping investigation and vide Final Findings Notification dated 8 December 2017, had recommended imposition of anti-dumping duty (‘ADD’) on imports of Ceramic tableware and kitchenware, excluding knives and toilet items (‘subject goods’) originating in or exported from China PR.
Unconventional trademarks: A roadmap to the future · 2021-08-30 · Intellectual Property · https://www.lkslaw.com/insights/articles/unconventional-trademarks-a-roadmap-to-the-future · By Raghav Sarda · The article discusses the increasing tread among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions, the Indian Trade Marks law recognizes only colour, shape of goods and sound marks as registrable marks, as there is a requirement of graphically representation in a paper form.
RoDTEP Scheme – Should it work within the budgetary limit? · 2021-08-27 · Customs · https://www.lkslaw.com/insights/articles/rodtep-scheme-should-it-work-within-the-budgetary-limit · By D. Kalirajan · The Central Government recently notified the much-awaited Remission of Duties and Taxes on Exported Products Scheme (‘RoDTEP Scheme’) with retrospective effect i.e., for exports from 1 January 2021, with certain exclusions. The article explores the answer to the question as to whether imposition of budgetary limit imposed by the government would allow the scheme to achieve its objective of refunding the duties and taxes which are not refunded/remitted/credited under any other schemes.
‘Liable to Tax’: History and impact on Treaties · 2021-08-23 · Direct Tax · https://www.lkslaw.com/insights/articles/liable-to-tax-history-and-impact-on-treaties · The DTAAs , as per ‘Article 1 – Personal Scope’, applies to those persons who are residents of either of the two country. Article 4 of the DTAA defines the term ‘resident of a contracting state’. Article 4(1) of the OECD Model Convention of 2017 inter-alia provides that the term ‘resident of a contracting state’ means any person under the laws of that state, is liable to tax therein by reason of his domicile, residence, place of management or any other criteria of similar nature.
Plastic Waste Management (Amendment) Rules · 2021-08-19 · Regulatory · https://www.lkslaw.com/insights/articles/plastic-waste-management-amendment-rules-2021-wading-through-the-uncharted-territory-of-plastic-waste-management · By Vidhi Madan · Plastic has numerous uses and its physical and chemical properties lead to economic success. However, our relationship with plastic is complicated, as the use of plastic impedes such commercial success in the long run, in terms of impacting the environment. The social advantages of plastic are irrefutable, it has come to occupy a central position in our day-to-day lives. However, the unsystematic removal of plastic has become a significant danger to the environment.
Status of registration for arbitration under MSME Act · 2021-08-19 · Arbitration · https://www.lkslaw.com/insights/articles/status-of-registration-for-arbitration-under-msme-act-2006 · By  Rashi Srivastava, Aditya Thyagarajan · Micro, Small and Medium Enterprises (‘MSMEs’) are considered as the engine of economic growth. With the object of facilitating promotion, development and enhancing the competitiveness of MSMEs, the Indian Parliament enacted The Micro Small and Medium Enterprises Development Act (‘Act’) in 2006. One of the key provisions of the Act is that it provides a forum and mechanism for speedy recovery of delayed payments to micro and small enterprises.
To exclude or not to exclude: Practice on product exclusions · 2021-08-04 · International Trade and WTO · https://www.lkslaw.com/insights/articles/to-exclude-or-not-to-exclude-practice-on-product-exclusions · By Devinder Bagia · The defining feature of any trade remedial investigation is the product under consideration (‘PUC’). The PUC is not just the starting point of a trade remedial investigation but also the heart of it. In fact, when an application for initiation of an original investigation or even a review investigation is to be filed, the first aspect that needs to be clarified to the investigating authority is the scope of PUC. Therefore, the definition of PUC is of extreme importance.
Draft E-commerce Rules: Blurring the lines between Consumer Protection and Competition Law · 2021-07-27 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/draft-e-commerce-rules-blurring-the-lines-between-consumer-protection-and-competition-law · By Neelambera Sandeepan · The Ministry of Consumer Affairs published the draft amendments to the Consumer Protection (E-commerce) Rules, 2020 on 21 June 2021 (‘Draft Rules’). The Draft Rules seek to introduce several new concepts, restrict certain business practices of e-commerce entities and impose numerous obligations on e-commerce entities operating in India.
Shifting the burden of indirect taxes: A contract conundrum · 2021-07-27 · GST Consultancy · https://www.lkslaw.com/insights/articles/shifting-the-burden-of-indirect-taxes-a-contract-conundrum · By R. Sahana · Taxes are commonly categorized as ‘direct taxes’ and ‘indirect taxes’ due to the economic theory that indirect taxes are ultimately borne by the consumer despite being charged on the supplier. Simply put, the burden of an indirect tax can be shifted onto another and from this facet, the nomenclature ‘indirect tax’ is derived.
Rule of anti-dissection v. Rule of dominant feature – A legal conundrum · 2021-07-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/rule-of-anti-dissection-v-rule-of-dominant-feature-a-legal-conundrum · The likelihood of confusion or deception amongst the consuming public is a sine qua non element in an action for infringement or passing off. There are various parameters that are taken into consideration while assessing the degree of likelihood of confusion between two trademarks, such as the goods and services under the disputing marks, the class of consumer, and the trade channels involved, inter alia.
Capital Gains arising out of Joint Development Agreements – Analysis of Section 45(5A) of Income-tax Act · 2021-07-22 · Direct Tax · https://www.lkslaw.com/insights/articles/capital-gains-arising-out-of-joint-development-agreements-analysis-of-section-45-5a-of-income-tax-act · The transfer of immovable property by land owners under mechanism of Joint development, Agreement (‘JDA’) has evolved as a preferred mode of transacting, especially in urban areas where the land owners do not have the time or expertise to develop the land and market the property on their own. They, therefore, enter into an arrangement for mutual benefit with a developer for developing and marketing the land parcels to various buyers.
Contractual claims · 2021-07-21 · Arbitration · https://www.lkslaw.com/insights/articles/contractual-claims-arbitration-and-the-insolvency-code-the-interplay-and-fault-lines · By Puneeth Ganapathy , Vaishali Goyal · The Insolvency & Bankruptcy Code, 2017 (‘Code’) was, inter alia, enacted for the resolution or liquidation of companies defaulting on their debts. These debts may include claims subject to an arbitration or sums determined in the form of an award. In the present article, we identify some potential scenarios where parties to an arbitration agreement must be conscious of the interplay between arbitration and the Code.
Proposed E-commerce Amendment Rules – Whether reasonable to comply with? · 2021-07-14 · Regulatory · https://www.lkslaw.com/insights/articles/proposed-e-commerce-amendment-rules-whether-reasonable-to-comply-with · By Apeksha Bansal · The Government of India through its Ministry of Consumer Affairs, Food and Public Distribution, in exercise of its powers conferred under the Consumer Protection Act, 2019 had notified the Consumer Protection (E-Commerce) Rules, 2020 (‘E-commerce Rules’). The Government has now, on 21 June 2021, proposed certain amendments in the E-commerce Rules and is receiving comments or suggestions from the stakeholders.
Revision in requirements for applications by the domestic industry - A balancing act by DGTR · 2021-07-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/revision-in-requirements-for-applications-by-the-domestic-industry-a-balancing-act-by-dgtr · By Neeraj Chhabra · The provisions relating to conduct of anti-dumping and anti-subsidy investigations in India are contained in the Customs Tariff Act, 1975, and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (‘AD Rules’) and the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 (‘CVD Rules’) made therein under.
Bill of Supply whether a tax invoice for issuance of GST debit/credit note? · 2021-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/bill-of-supply-whether-a-tax-invoice-for-issuance-of-gst-debit-credit-note · GST as a law has been very dynamic with amendments happening day in and day out as the legislature and the subjects learn from implementing the law to the practical aspects of the business. One of the recent amendments to the law is the amendment to sub-section (4) to Section 16 of the Central Goods & Services Tax Act, 2017 (‘CGST Act’) which was made effective from 1 January 2021.
Coverage v. Disclosure – IPAB decides on what amounts to coverage and disclosure · 2021-06-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/coverage-v-disclosure-ipab-decides-on-what-amounts-to-coverage-and-disclosure · By Eeshita Das  Parul Varshney · The Intellectual Property Appellate Board (‘IPAB’) in an order dated 29 September 2020 allowed the appeal filed by Novartis AG (‘Appellant’) challenging the revocation of Indian Patent No. 276026 (IN’026) by the Deputy Controller of Patents & Designs, New Delhi (‘Respondent No. 2’) following post-grant opposition proceedings initiated by Natco Pharma Limited (‘Respondent No. 3’), and set aside the revocation order (‘impugned order’) as being ‘devoid of merit’.
Cess: An allowable expenditure under the Income-tax Act? · 2021-06-16 · Direct Tax · https://www.lkslaw.com/insights/articles/cess-an-allowable-expenditure-under-the-income-tax-act · By By Snehal Shukla  Shashank Sharma · It is a settled principle statutorily that the income tax paid by a taxpayer on its income is not allowed as a deductible expenditure under the provisions of the Income-Tax Act, 1961 (‘Act’). The term ‘income-tax’ has not been defined under the provisions of the Act, however, the term ‘tax’ has been defined to mean income-tax chargeable under the provisions of the Act. Section 4 of the Act creates a charge of tax on the total income of the previous year of a person.
Limitation for filing of appeals under Section 37 of Arbitration and Conciliation Act · 2021-06-15 · Arbitration · https://www.lkslaw.com/insights/articles/limitation-for-filing-of-appeals-under-section-37-of-arbitration-and-conciliation-act · By Rashi Srivastava · Section 37 of the Arbitration and Conciliation Act, 1996 (‘Act’) provides for an appeal against orders passed under Sections 9, 34, 16 and 17 of the Act. The Act does not provide any specific limitation for filing such appeals, however, Section 43 of the Act provides that the Limitation Act, 1963 (‘Limitation Act’) shall apply to arbitrations as it applies to proceedings in Court.
Introduction of the ‘On-going Projects’ regime under CSR – A Welcome Move · 2021-06-15 · General Corporate · https://www.lkslaw.com/insights/articles/introduction-of-the-on-going-projects-regime-under-csr-a-welcome-move · By Noorul Hassan · Though the primary objective of Corporate Social Responsibility (‘CSR’) was not slated to be to bridge resource gap for the Government, the second wave of the pandemic Covid-19 has once again brought back into light the participation of Corporate India in supplementing the efforts of the Government.
De-minimis dumping margin: Termination of an anti-dumping investigation? · 2021-06-01 · International Trade and WTO · https://www.lkslaw.com/insights/articles/de-minimis-dumping-margin-termination-of-an-anti-dumping-investigation · By Harsh Mittal · On 7 May 2021, the Directorate General of Trade Remedies (‘DGTR’) concluded the anti-dumping investigation concerning imports of ‘Plain Medium Density Fibre Board having thickness 6mm and above’ (‘subject goods’) produced by Kim Tin MDF Joint Stock Company, Vietnam (‘Kim Tin’) by terminating the investigation. Though the termination of this investigation is not unusual, the reasons for the termination of the investigation are interesting.
License dues trump the Insolvency and Bankruptcy Code? · 2021-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/license-dues-trump-the-insolvency-and-bankruptcy-code · By Puneeth Ganapathy, Ishita Mathur
Blockchain technology on the CCI’s radar · 2021-05-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/blockchain-technology-on-the-cci-s-radar · Businesses constantly seek to innovate to obtain an edge over their competition and sometimes this leads to particularly noteworthy innovations that become disruptive forces within the market segment. This allows the innovator to determine their own price for their products and operate independent of the market forces of supply and demand
Improved system of e-way bill and its implications on the business · 2021-05-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/improved-system-of-e-way-bill-and-its-implications-on-the-business · Implementation of e-way bill system under the Goods and Services Tax regime has been an excruciating exercise for the Government as well as the taxpayers. While Government was initially grappling for timely enforcement of e-way bill system due to inherent constraints in the portal, the taxpayers were finding it difficult to cope up with the frequent amendments in the e-way bill related rules.
Managing the impact of Covid-19 – Navigating cross-border tax questions in India · 2021-05-21 · Direct Tax · https://www.lkslaw.com/insights/articles/managing-the-impact-of-covid-19-navigating-cross-border-tax-questions-in-india · By S. Vasudevan · The Covid-19 pandemic has exposed catastrophic outcomes. The limited experience of handling such a crisis in India has already revealed its overbearing effect on business and industry, while the tax landscape has also faced significant transformation. In an interconnected world, some of the issues that have arisen in the context of cross-border taxation have created concern, with the potential of leading to far-reaching implications. Some of these issues are considered in detail in this article.
Redesigned taxation upon exit from Partnership Firm – New jeopardy for taxpayers? · 2021-05-18 · Direct Tax · https://www.lkslaw.com/insights/articles/redesigned-taxation-upon-exit-from-partnership-firm-new-jeopardy-for-taxpayers · By Harshit Khurana · Taxation upon exit of a partner from a partnership firm has been a contentious issue since long. Till Financial Year 1987-88, distribution of capital assets on dissolution of partnership firm was specifically excluded from capital gain taxation . Resultantly, as a tax planning exercise, taxpayers used to convert partnership assets into individual assets either upon retirement or dissolution, contending that no capital gains tax was payable in relation to the same
Extension of limitation by Apex Court due to second wave of Covid-19 · 2021-05-17 · Commercial Litigation · https://www.lkslaw.com/insights/articles/extension-of-limitation-by-apex-court-due-to-second-wave-of-covid-19 · By Dinesh Babu Eedi · The sudden onset of the pandemic Covid-19 in March 2020 had pushed litigants across the country into hardships with respect to the filing of petitions/ suits/ appeals/ applications etcetera and initiating and continuing legal proceedings before the various Courts and Tribunals.
Contract labour – New dynamics under new Labour Code · 2021-05-17 · Employment Law · https://www.lkslaw.com/insights/articles/contract-labour-new-dynamics-under-new-labour-code · By Apeksha Bansal · In the recent past, the engagement of contract labour has witnessed a spike across various sectors, both in the manufacturing as well as service sectors. Presently, the framework of the contract labour is regulated by Contract Labour (Regulation and Abolition) Act, 1970 (‘CLRA Act’). This may continue for one more year, as implementation of new Labour Codes may get delayed due to the massive second wave of Covid-19 across the country.
Exploring TRIPS Covid-19 waiver: Is the remedy effective? · 2021-05-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/exploring-trips-covid-19-waiver-is-the-remedy-effective · By  Sutapa Jana · The unprecedented Covid-19 pandemic has wreaked havoc by not only taking countless lives but also by robbing the families of their means to livelihood. Countries across the world are grappling with both economic and social breakdown. While vaccinations have started in most countries, there is a glaring difference in accessibility and affordability of vaccines, drugs and other resources required to combat Covid-19 pandemic between the developed, developing and least developed countries.
ADD and CVD on goods removed from SEZ to DTA – ‘Missing link’ filled by Finance Act · 2021-04-28 · International Trade and WTO · https://www.lkslaw.com/insights/articles/add-and-cvd-on-goods-removed-from-sez-to-dta-missing-link-filled-by-finance-act-2021 · By  Jayant Raghu Ram · Union Budget 2021-22 (‘Budget’) was one of the most anticipated budgets given that it was the first Union Budget to be presented after the onset of the COVID pandemic. In the Budget, while the Finance Minister announced the repeal/suspension of a number of existing anti-dumping duties (‘ADD’) and countervailing duties (‘CVD’), the Finance Minister also proposed several legislative measures for strengthening the existing ADD and CVD mechanisms. With the recent enactment of the Finance Act, 2021
Untangled indirect tax web in automotive sector – Whether proposed PLI scheme will do justice? · 2021-04-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/untangled-indirect-tax-web-in-automotive-sector-whether-proposed-pli-scheme-will-do-justice · By Shivam Mehta · The automotive industry is a major contributor to the Indian economy. Currently, it is the fourth largest automotive sector in the world and is expected to come under top 3 automotive sectors in the world by 2026. The sector also accounts for about 15% of the country’s total tax collections.
Comparative advertising of soaps – No violation of trademark law if backed by science: Bombay High Court · 2021-04-21 · Intellectual Property · https://www.lkslaw.com/insights/articles/comparative-advertising-of-soaps-no-violation-of-trademark-law-if-backed-by-science-bombay-high-court · By Ayushman Kheterpal · Comparative Advertising is an aggressive form of marketing involving direct or veiled comparisons of one brand with one or more competing brands. Comparative advertisements may often lead to a legal tussle under the Indian Trademark Law.
Definition of ‘Wages’ – Confusion worse confounded · 2021-04-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/definition-of-wages-confusion-worse-confounded · By Noorul Hassan · The National Commission on Labour (‘NLC’), in its vast Report submitted in the year 2002, acknowledged the need to have separate definitions of the two terms ‘wages’ and ‘remuneration’, to avoid endless litigation. It proposed to include only basic wages and dearness allowance under ‘wages’, and all other payments including other allowances as well as overtime payment together with wages under ‘remuneration’ .
Tribunals power to grant stay: The case of Pepsi Foods · 2021-04-14 · Direct Tax · https://www.lkslaw.com/insights/articles/tribunals-power-to-grant-stay-the-case-of-pepsi-foods · In the current bureaucratic setup of taxation systems in India, the right to appeal is an important right. The right of appeal against the Orders by the Income Tax authorities under the Income Tax Act, 1961 (‘Act’) has been expressly conferred on the taxpayers. In disposing of these appeals, the appellate authorities have inherent power to grant stay against the tax demands raised by Income Tax officers.
Quality Control Orders – The recent surge and challenges · 2021-03-30 · BIS · https://www.lkslaw.com/insights/articles/quality-control-orders-the-recent-surge-and-challenges · By Saurabh Malpani · The article discusses the recent surge in Quality Control Orders and the various challenges being faced by the industry. The author notes that at present import of raw material for use in manufacture of finished goods which would be exported, is also being denied if the imports are not in compliance of these quality control orders. He also discusses the applicability of such Orders on stock in hand.
CCI’s market study into the telecom sector in India: Key observations · 2021-03-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cci-s-market-study-into-the-telecom-sector-in-india-key-observations · Recently, on 22 January 2021, the Competition Commission of India (‘CCI’) released its key findings and observations from a study exploring the evolution of the sector and the present regulatory challenges relating to the sector. Through the study, the CCI assessed the market dynamics within the sector and highlighted developments in the sector which could lead to competition concerns in the present and foreseeable future
Acquiescence: Being vigilant and not blind sided · 2021-03-25 · Intellectual Property · https://www.lkslaw.com/insights/articles/acquiescence-being-vigilant-and-not-blind-sided · By Raghav Sarda · A registered proprietor of a trademark is required to remain cautious on misuse of the trademark by others, failing which he may be disentitled from taking any legal action against the alleged offenders. Such disentitlement, referred to as ‘acquiescence’, therefore is a concept that every trademark owner must know. The article discusses Section 33 of the Trade Marks Act, 1999 while also analysing elements of acquiescence, burden of proof and various SC and HC decisions clarifying the concept.
Topsy-turvy state of taxation on distribution of electricity · 2021-03-24 · GST Consultancy · https://www.lkslaw.com/insights/articles/topsy-turvy-state-of-taxation-on-distribution-of-electricity · The article attempts to discuss the dispute on the scope of distribution of electricity services by DISCOMs. The issue was ignited when CBIC issued a circular in 2018 stating that specified services provided by DISCOMs shall attract GST liability. Recently, the Rajasthan High Court relying upon a Gujarat High Court decision has quashed the circular and held that such services are exempted from GST. The article analyses the precise issue and the reasoning given by the High Courts.
Goodwill no more an intangible asset – Some interesting issues · 2021-03-18 · Direct Tax · https://www.lkslaw.com/insights/articles/goodwill-no-more-an-intangible-asset-some-interesting-issues · By Abhinov Vaidyanathan · Analyzing the amendments proposed by the Finance Bill, 2021 to undo the benefit pertaining to depreciation on goodwill, the article discusses some interesting issues like applicability of the amendments to business re-organizations concluded prior to 1 April 2021, impact on existing litigation and that whether transactions can be concluded by recognizing other intangibles? According to the author, it is necessary for the business to revisit the positions already taken to avoid such litigation…
Strike one on social media platforms – The new guidelines and what they mean · 2021-03-15 · Regulatory · https://www.lkslaw.com/insights/articles/strike-one-on-social-media-platforms-the-new-guidelines-and-what-they-mean · By Dinesh Babu Eedi · The article discusses the recently issued IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 by the MEITY. Elaborately analysing the salient features of the Rules, including definitions, due diligence mechanism, grievance redressal by intermediaries, significant social media/ messaging intermediaries, code of ethics in relation to digital media, grievance redressal mechanism by publishers, etc., the article also points out certain shortcomings of the Rules.
Food business: Regulatory regime in India · 2021-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/food-business-regulatory-regime-in-india · In recent years, food processing is seen as a sunrise sector in India. With a view to enhance private investment in the food processing sector, the Ministry of Food Processing Industries has been implementing several schemes for creation of infrastructure, expansion of processing capacity, and other supporting measures for healthy growth of the food processing industry.
Traversing issues under intellectual property and allied laws vis-a-vis food and agri sector · 2021-03-04 · Intellectual Property · https://www.lkslaw.com/insights/articles/traversing-issues-under-intellectual-property-and-allied-laws-vis-a-vis-food-and-agri-sector · Food and agri-based industries are witnessing unprecedented levels of innovation which gives further impetus for patent protection and accordingly the necessity to assess and overcome the hurdles in this regard.
Climate change: A catalyst for agritech? · 2021-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/climate-change-a-catalyst-for-agritech · The climate change is an evolving threat that will have significant impact on the lives of the global population and global economy.
Seed industry: An overall perspective · 2021-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/seed-industry-an-overall-perspective · By Noorul Hassan · The need of the hour is a shift from production-centric agricultural practices to market-centric agricultural practices and giving market access to all the farmers, particularly smallholding farmers.
Farm Acts and agritech: Is the time ripe for the agri sector to bloom? · 2021-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/farm-acts-and-agritech-is-the-time-ripe-for-the-agri-sector-to-bloom · By Kunal Arora  L. Badri Narayanan · The key challenges faced by the Indian agriculture industry are small farm holdings, low penetration of farmer producer organisations, lack of agri-data and low price realisation by the farmer.
Parotta or Roti? Curd or Yogurt? Classifying culinary delights under the Indian GST regime · 2021-03-04 · GST Consultancy · https://www.lkslaw.com/insights/articles/parotta-or-roti-curd-or-yogurt-classifying-culinary-delights-under-the-indian-gst-regime · By Asish Philip Abraham,  Asish Philip Abraham  L. Badri Narayanan · HSN Classification of a food product is important for determining the GST rate. GST rate impacts pricing decisions of the product and legal declarations on the package.
Agritech: A much-needed digital revolution for the agri sector · 2021-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/agritech-a-much-needed-digital-revolution-for-the-agri-sector · By Gaurav Dayal  L. Badri Narayanan · The agricultural sector has seen significant developments in the past few years: government reforms, major solutions offered by the onset of technology, post-COVID changes in consumer preferences, legal changes warranted by the new Farm Acts.
Investments in agritech sector: An analysis of the last decade · 2021-03-04 · Regulatory · https://www.lkslaw.com/insights/articles/investments-in-agritech-sector-an-analysis-of-the-last-decade · By L. Badri Narayanan · The agritech sector has witnessed significant growth in investments over the last few years. In the last decade (2010-2019), the sector bagged a cumulative capital flow of US$ 1.9bn.
Investors’ outlook on agritech in India: An interview with Omnivore’s Managing Partner · 2021-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/investors-outlook-on-agritech-in-india-an-interview-with-omnivore-s-managing-partner · Agritech start-ups in India have been successful in attracting funding from numerous investors including but not limited to large multinational companies, consumer funds, and generalist venture capital firms.
Income-tax incentives for agritech companies · 2021-03-03 · Direct Tax · https://www.lkslaw.com/insights/articles/income-tax-incentives-for-agritech-companies · By S. Vasudevan · The first permanent statute for imposing regular income-tax in India was enacted in 1886 and since then, agricultural income has been exempted from levy of income-tax in India. While the exemption granted to agricultural income from income-tax in 1886 continues even today, the rationale for extending such exemption in 1886 seems to be no longer relevant.
Anti-absorption provisions – A new chapter in trade remedial investigations in India · 2021-02-26 · International Trade and WTO · https://www.lkslaw.com/insights/articles/anti-absorption-provisions-a-new-chapter-in-trade-remedial-investigations-in-india · By Sangam Grover · Union Budget 2021-22 proposes introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations. The article deals with questions like what is absorption, what is its purpose and the relevant changes as proposed in the Sections 9 and 9A of the Customs Tariff Act, 1975. The author also highlights the difference in the anti-absorption provisions for ADD and CVD and discusses certain aspects of the EU’s anti-dumping framework.
CGST Rule 96(10) and its inadvertent consequences · 2021-02-24 · (no practice area listed) · https://www.lkslaw.com/insights/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 · 2021-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/faceless-penalty-scheme-2021 · By Sriram Vijayaraghavan, Snehal Shukla
A legal tussle of music rights · 2021-02-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/a-legal-tussle-of-music-rights · By Godhuli Nanda · 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 · 2021-02-16 · General Corporate · https://www.lkslaw.com/insights/articles/indian-startups-a-booming-revolution · By  Shikha Thakkar · 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.
Design (Amendment) Rules · 2021-01-30 · Intellectual Property · https://www.lkslaw.com/insights/articles/design-amendment-rules-2021-key-changes · By Raghav Sarda · 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.
Retrospective imposition of anti-dumping duty in anti-circumvention investigations · 2021-01-30 · International Trade and WTO · https://www.lkslaw.com/insights/articles/retrospective-imposition-of-anti-dumping-duty-in-anti-circumvention-investigations · By Jayant Raghu Ram, Shubhi Khare · 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…
A multi-jurisdictional review of legislative trends in antitrust regulation of digital markets · 2021-01-27 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/a-multi-jurisdictional-review-of-legislative-trends-in-antitrust-regulation-of-digital-markets · By Charanya Lakshmikumaran  Neelambera Sandeepan · 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 · 2021-01-27 · GST Consultancy · https://www.lkslaw.com/insights/articles/unhappy-toy-story-a-classification-conundrum-under-gst · By Nirav Sanjay Karia · 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? · 2021-01-22 · Intellectual Property · https://www.lkslaw.com/insights/articles/patent-application-disposal-quantity-at-the-cost-of-quality · By Harshita Singh · 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? · 2021-01-21 · Direct Tax · https://www.lkslaw.com/insights/articles/dividend-payments-to-non-residents-dtaa-relief-on-the-horizon · By Tanmay Bhatnagar · 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 · 2021-01-14 · General Corporate · https://www.lkslaw.com/insights/articles/policy-changes-to-the-corporate-social-responsibility-mandate · By Noorul Hassan · 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 · 2020-12-31 · International Trade and WTO · https://www.lkslaw.com/insights/articles/one-step-forward-two-steps-backward-non-implementation-of-anti-dumping-duty-recommendations · By Neeraj Chhabra · 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.
GST on services provided in the course of employment · 2020-12-23 · GST Consultancy · https://www.lkslaw.com/insights/articles/gst-on-services-provided-in-the-course-of-employment · By Amber Kumrawat · Employers often arrange for various facilities such as transportation, canteen, healthcare, insurance, for their employees. The article discusses the questions as to whether the said facilities arranged by the employer amount to supply of services and whether GST is applicable on the nominal amounts recovered from the employees. The author traces the history of the controversy, right from the service tax...
Compulsorily Convertible Debentures: Debt or Equity? · 2020-12-21 · Direct Tax · https://www.lkslaw.com/insights/articles/compulsorily-convertible-debentures-debt-or-equity · By Neha Sharma · Compulsorily Convertible Debentures (‘CCDs’) are hybrid instruments, being debt at the time of issue along with a certainty to get converted into equity. Since the guidelines on FDI treat CCDs as equity for the purposes of reporting to the RBI, a question arises as to whether they are to be regarded as equity capital under all other laws as well. The article discusses the question from the perspective of income-tax law, observing that the return on debt and equity have distinct treatment...
Patents – IPAB reaffirms principles of natural justice while discussing prior art documents and description · 2020-12-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/patents-ipab-reaffirms-principles-of-natural-justice-while-discussing-prior-art-documents-and-description · By  Vasanth Vaidyanathan · The article discusses elaborately, the recent decision of the Intellectual Property Appellate Board reaffirming the importance of the principles of natural justice in judicial and/or quasi-judicial decisions, whilst also clarifying aspects of patent law with respect to cited prior art documents and description of the invention. The IPAB criticised the Controller of Patents for having taken a contrary view as to the patentability...
Issuance and transfer of securities – Stamping requirements · 2020-12-11 · Securities Law · https://www.lkslaw.com/insights/articles/issuance-and-transfer-of-securities-stamping-requirements · By  Sonali Srivastava · The Finance Act, 2019 introduced various amendments to Indian Stamp Act, 1899. Further, the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019 was also introduced. With respect to transfer of shares where no consideration amount is involved, a cost-effective mechanism has been introduced since such transfer does not attract stamp duty. Possibility of availing benefit of this can be explored in transactions such as gift of shares…
Participation in trade remedy investigations – First impressions matter · 2020-11-30 · International Trade and WTO · https://www.lkslaw.com/insights/articles/participation-in-trade-remedy-investigations-first-impressions-matter · By Ankur Sharma · An important facet of trade remedy investigations, especially, anti-dumping and countervailing duty investigations is that if a producer/exporter from the country facing such investigation fully ‘cooperates’, the investigating authority acknowledges this and awards a duty basis the data presented by such party. This article aims to broadly explain ‘cooperation’ and the guidelines which a producer/exporter may keep in mind to ensure that their participation is treated as ‘cooperation’
Customs in-bond manufacturing – Old scheme with new prospects · 2020-11-27 · Customs · https://www.lkslaw.com/insights/articles/customs-in-bond-manufacturing-old-scheme-with-new-prospects · By Saurabh Malpani · With export promotion schemes like EOU, SEZ and EPCG being challenged at the international forums, alleged to be in violation of the WTO agreement, the thrust of the government has now shifted to age old scheme of duty deferment and manufacturing in customs bonded warehouse. The article makes a case for shifting to such scheme. Discussing various aspects of the Customs in-bond manufacturing...
Slump exchange: The taxation battlefield · 2020-11-20 · Direct Tax · https://www.lkslaw.com/insights/articles/slump-exchange-the-taxation-battlefield · By  Aanchal Jain  Shalini Maheshwari · The article discusses at length the question as to whether ‘slump exchange’ is covered by the provisions of Section 50B of the Income Tax Act, 1961. According to the authors, the question that arises is whether only transfer as a result of ‘sale’ would be covered by the provisions of Section 50B or whether slump sale includes other forms of ‘transfer’ as well as defined in Section 2(47). Another issue that comes to light is whether transfer for non-monetary consideration can constitute a sale.
Divisional Applications in India – Evolving jurisprudence · 2020-11-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/divisional-applications-in-india-evolving-jurisprudence · By Prosenjit Chattopadhyay · To file a divisional application in India, the parent application should include more than one invention while claims based on the same inventive concept is not allowed. Elaborately discussing various IPAB Orders, starting from the 2011 decision in the case of LG Electronics and up to the very recent decision in the case of Esco Corporation, the article examines several issues involving divisional applications.
Writ jurisdiction over orders of Arbitral Tribunal: Certa lege but still agitated · 2020-11-12 · Arbitration · https://www.lkslaw.com/insights/articles/writ-jurisdiction-over-orders-of-arbitral-tribunal-certa-lege-but-still-agitated · By A S Aniruddha · This article covers a recent decision of the Gujarat High Court where the Court has reiterated that the order of the arbitral tribunal could not be challenged in writ proceedings under Articles 226 and 227 of the Constitution of India. The authors note that though the question of maintainability of writ proceedings against an order of the arbitral tribunal has been settled in a long line of decisions...
M&A by listed companies: SEBI’s grip · 2020-11-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/m-a-by-listed-companies-sebi-s-grip · By Pratyush Jain · The first article elaborately discusses a recent circular issued by SEBI that will be applicable for a scheme of merger, demerger, amalgamation or arrangement filed with the stock exchanges after 17 November 2020. The authors analyse the key implications of the circular, like additional factors which need to be considered by the audit committee, requirement of a recommendation in the form of a report from the committee of independent directors of the listed company...
Trademarks – Registration of similar/identical marks if services/goods offered are distinct · 2020-11-06 · Intellectual Property · https://www.lkslaw.com/insights/articles/trademarks-registration-of-similar-identical-marks-if-services-goods-offered-are-distinct · This case Sparx Group Co. Ltd. v. Senior Examiner of Trade Marks provides a definitive interpretation and application of the law with respect to the precedence of prior use and market recognition of a trademark when objected on relative grounds of refusal under Section 11 of the Trade Marks Act, 1999.
Timing of institution of a civil action is crucial · 2020-11-03 · Intellectual Property · https://www.lkslaw.com/insights/articles/timing-of-institution-of-a-civil-action-is-crucial · The Delhi High Court recently addressed an important issue under the copyright law, the idea-expression dichotomy, and rebuked the practice of litigants approaching the Courts for reliefs at the eleventh hour without any justification.
The Evolving Dynamics of Competition Regulation in Digital Markets · 2020-10-30 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/the-evolving-dynamics-of-competition-regulation-in-digital-markets · By Charanya Lakshmikumaran · Rapid technological advancement has given birth to new products and services which are ever-evolving and an unchartered territory for competition regulators. Digital markets have grown from being considered an extension of brick and mortar markets to an alternate market unto themselves in less than half a decade.
Technical specification based product exclusion in mid-term reviews · 2020-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/technical-specification-based-product-exclusion-in-mid-term-reviews · The article discusses at length the provisions relating to Mid-Term Review (‘MTR’) of anti-dumping measures. Observing that MTR can even be requested by the user industry for excluding certain products from the scope of the product under consideration, where such product is of a technical grade that is not or cannot be produced by the domestic industry for the specific user requirements, the author elaborately examines a recent final finding of the Directorate General of Trade Remedies (‘DGTR’).
Charges for delayed payment – Can they escape from valuation! · 2020-10-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/charges-for-delayed-payment-can-they-escape-from-valuation · By  Satish Gandla · Analysing Section 15(2)(d) of the Central Goods and Services Tax Act, 2017, the article elaborately discusses the question as to whether every charge paid for delayed payment of any amount form part of the value of supply. In the opinion of the authors, Section 15(2)(d) does not cover all scenarios where additional charges are paid.
Equalisation levy on non-resident e-commerce facilitators – Analysing ‘amount’ for tax · 2020-10-16 · Direct Tax · https://www.lkslaw.com/insights/articles/equalisation-levy-on-non-resident-e-commerce-facilitators-analysing-amount-for-tax · By Harshit Khurana · The article discusses at length a peculiar issue relating to Equalisation levy on non-resident e-commerce facilitators, regarding the amount on which the such e-commerce facilitators should charge such levy. Analysing the question as to whether the ecommerce operator should calculate the levy on the entire sale value of the goods/services or only on the commission amount, the author observes that the provisions do not provide a clear answer
Regulating the foreign contribution: Changing regime · 2020-10-14 · Regulatory · https://www.lkslaw.com/insights/articles/regulating-the-foreign-contribution-changing-regime · By  Shikha Thakkar · The Foreign Contribution (Regulation) Act, 2010 was enacted to regulate the acceptance and utilization of foreign contribution. Foreign contribution refers to the donation, delivery or transfer of any article, currency or security by any foreign source. With an objective to streamline the provisions under FCRA by enhancing transparency and accountability in the receipt and utilization of foreign contributions, the Foreign Contribution (Regulation) Amendment Bill, 2020 was passed by recently.
Inventive step assessment – IPAB elucidates important principles · 2020-10-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/inventive-step-assessment-ipab-elucidates-important-principles
Code on Social Security · 2020-10-02 · Employment Law · https://www.lkslaw.com/insights/articles/code-on-social-security-2020-an-overview · • The purpose of Code on Social Security, 2020 (‘SS Code’) is to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organized or unorganized or any other sectors and for matters connected therewith or incidental thereto.
Occupational Safety · 2020-10-02 · Employment Law · https://www.lkslaw.com/insights/articles/occupational-safety-health-and-working-conditions-code-2020-an-overview · Pursuant to the recommendations of Second National Commission on Labour, the Ministry of Labour and Employment had introduced the Occupational Safety, Health and Working Conditions Code, 2020 (‘OSHW’) Code in the Lok Sabha in order to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment.
Code on Wages · 2020-10-02 · Employment Law · https://www.lkslaw.com/insights/articles/code-on-wages-2019-an-overview · The Second National Commission on Labour Laws, which submitted its report in June 2002 had recommended that the existing set of labour laws should be broadly divided and grouped into the four groups. Acting on the recommendations, the Union Government has proposed to enact four labour codes, subsuming 29 labour law legislations. The Code on Wages, 2019 (‘Wage Code’) is the first of the lot to get the legislative approval and subsequently, the assent of the President of India on August 8, 2019.
Industrial Relations Code · 2020-10-02 · Employment Law · https://www.lkslaw.com/insights/articles/industrial-relations-code-2020-an-overview · The Industrial Relations Code, 2020 (“IRC 20”) has been introduced as a part of the labour legislations consolidations, in terms of the recommendation of the Second National Commission on Labour (2002). Accepting their recommendations, the Ministry of Labour and Employment has consolidated labour code in to four labour codes of (i) Industrial Relations (ii) Wages (iii) Social Security (iv) Welfare and Safety.
The ‘Mutuality’ of a mutually agreed solution under the DSU · 2020-09-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-mutuality-of-a-mutually-agreed-solution-under-the-dsu · The article discusses an interesting proposition which arose in a recent dispute before the WTO’s DSB in the case United States - Tariff Measures on Certain Goods from China (DS543). According to the author, the Panel has clarified that for a solution to be accepted as a mutually agreed solution within the meaning of Article 12.7, the solution must be acceptable to both parties, i.e. should be mutual, and must resolve the issue at hand.
Tata Motors’ AAR decision: A fix to the age-old strife? · 2020-09-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/tata-motors-aar-decision-a-fix-to-the-age-old-strife · By Tanya Garg · Employee recoveries have always been a contentious issue, both in pre-GST era and under GST. The article elaborately analysis a recent decision of Maharashtra AAR in the case of Tata Motors, where the Authority has held that the provision of bus facilities by the employer to the employee on a nominal price falls under ‘employer-employee’ relation and is not a ‘supply’. Analysing whether the said ruling will be beneficial for the assessees, the author discusses the effect on other doctrines
TCS on sale of goods – Practical nightmare · 2020-09-21 · Direct Tax · https://www.lkslaw.com/insights/articles/tcs-on-sale-of-goods-practical-nightmare · By S. Sriram · Sub-section (1H) introduced in Section 206 of the Income-tax Act, 1961 by the Finance Act, 2020, seeks to extend the ambit of Tax Collection at Source (‘TCS’) to consideration received from sale of goods. The article seeks to address certain practical issues that would be faced by tax payers in following the law effective from 1-10-2020. It discusses that the meaning of ‘goods’ must be derived from the Sale of Goods Act and not from…
Understanding cross border social security obligations · 2020-09-14 · General Corporate · https://www.lkslaw.com/insights/articles/understanding-cross-border-social-security-obligations · By Kumar Panda · The article notes that many countries with which India has SSAs have clarified that the work from home scenarios arising out of COVID-19 would not be considered for determining the eligibility of payment of social security obligations, but in the absence of any clarification from Employees Provident Fund Organisation, there exists an ambiguity on the status of foreign workers who are currently working remotely from their home country…
Patents – Patentability with respect to inventive step and proof of right · 2020-09-13 · Intellectual Property · https://www.lkslaw.com/insights/articles/patents-patentability-with-respect-to-inventive-step-and-proof-of-right · By the IPR team in Lakshmikumaran & Sridharan, New Delhi] · In this case [Stempeutics Research Pvt. Ltd. v. The Assistant Controller of Patents & Designs ], the Intellectual Property Appellate Board (‘IPAB’) adjudicated patentability with respect to inventive step under Sections 2(1)(ja) and 3(e) of the Patents Act, 1970 (‘Act’). The IPAB also addressed the issue of submission of proof of right under Section 7(2) of the Act.
Trademarks “Your Wings to Life” and “Gives You Wings” are neither deceptively similar nor identical · 2020-09-10 · Intellectual Property · https://www.lkslaw.com/insights/articles/trademarks-your-wings-to-life-and-gives-you-wings-are-neither-deceptively-similar-nor-identical · In the present case [Red Bull AG v. Dr. Reddy’s Laboratories Limited & Ors. ], the Intellectual Property Appellate Board (“IPAB”), determined whether a registered trademark of a sub-brand, if not in use, can be removed from the trademark register on the request of a non-aggrieved party.
Trademarks – Prior use holds precedence over prior registration · 2020-09-10 · Intellectual Property · https://www.lkslaw.com/insights/articles/trademarks-prior-use-holds-precedence-over-prior-registration · In the present case [Mandom Corp v. Fem Care Pharma Limited & Ors. ], the Intellectual Property Appellate Board (“IPAB”) examined one aspect of the often ambiguous issue in trademark law of prior use versus prior registration. It also clarified certain procedural law principles like res judicata, locus standi, and burden of proof.
Suspension of lesser duty rule by the EU in anti-dumping investigations · 2020-08-28 · International Trade and WTO · https://www.lkslaw.com/insights/articles/suspension-of-lesser-duty-rule-by-the-eu-in-anti-dumping-investigations · By Vikrant Nehra · The lesser duty rule may be suspended by the EU if there are distortions of raw materials price. Moreover, as per Article 7(2a), the lesser duty rule can only be suspended when a single raw material for which distortion is found accounts for not less than 17% of the cost of production of the product concerned. After these requirements of Article 7(2a) are met, it still has to go through the rigours of the Union interest test.
Contractual payment = Consideration? · 2020-08-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/contractual-payment-consideration · By  Mansi Goel · The article elaborately discusses the thin line which a payment needs to cross in order to become a consideration. Discussing the definitions of ‘consideration’ under GST law and Indian Contract Act, 1872, the article states that payment should have a direct and sufficient nexus with the supply and be at the desire of the promisor.
CCI’s changed approach to enforcement amidst the pandemic · 2020-08-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cci-s-changed-approach-to-enforcement-amidst-the-pandemic · The Competition Commission of India’s (“CCI”) regular functioning continues to stand suspended amid the COVID-19 pandemic since March 2020. The Indian antitrust regulator however was quick to adapt to the changed circumstances and adopted a modus operandi which allowed for parties to submit merger notifications as well as responses in on-going investigations and new informations online.
‘Intermediary’ – Mediating required for intermediary · 2020-08-26 · GST Consultancy · https://www.lkslaw.com/insights/articles/intermediary-mediating-required-for-intermediary · The article discusses at length the issue as to whether an intermediary suppling service to a foreign customer should discharge CGST+SGST or IGST. The authors are of the view that in such case, the transaction would be covered under Section 13(8)(c) and be deemed as inter-State supply as per Section 7(5)(c). They also state that the Gujarat High Court’s observation in the case of Material Recycling Association of India, that CGST+SGST would be liable in such case, is a mere obiter dicta.
Doctrine of Merger and its application to orders passed under Income Tax Act · 2020-08-18 · Direct Tax · https://www.lkslaw.com/insights/articles/doctrine-of-merger-and-its-application-to-orders-passed-under-income-tax-act-1961 · By Abhinov Vaidyanathan · Doctrine of Merger is not applicable in all scenarios and to all the orders passed under the Income Tax Act. The Courts have been playing a vital role by applying this doctrine on case to case basis to determine whether or not the powers under Section 263 and 154 have been exercised within the time limits prescribed and also in certain cases to determine if the appeals have been filed within the condonable period.
Dishonest adoption of a well-known trademark for dissimilar goods and services - A ground of infringement · 2020-08-14 · Intellectual Property · https://www.lkslaw.com/insights/articles/dishonest-adoption-of-a-well-known-trademark-for-dissimilar-goods-and-services-a-ground-of-infringement · By  Anoop Verma · The Delhi High Court in the case of Bayerische Motoren Werke AG v. Om Balajee Automobile (India) Private Limited granted an ad-interim injunction to the plaintiff and restrained the defendants, from manufacturing, exporting, importing or offering for sale, advertising or in any manner dealing with goods, not limited to e-rickshaws, bearing the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks.
Corporate Social Responsibility and implementation agencies · 2020-08-11 · General Corporate · https://www.lkslaw.com/insights/articles/corporate-social-responsibility-and-implementation-agencies · By Shikha Thakkar · The article discusses at length the recently released draft Companies (Corporate Social Responsibility Policy) Amendment Rules, 2020. According to the authors, the Draft Rules are a ray of hope in regulating implementation agencies and ensuring a greater transparency by formulating the registration process.
Implementation of SDM by EU in original ADD investigations – Who’s next after China · 2020-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/implementation-of-sdm-by-eu-in-original-add-investigations-who-s-next-after-china · Significant distortions methodology on imports from China as per Article 2(6a) of the EU’s Basic Regulation has been applied in three original anti-dumping investigations. While individual producers/exporters continue to register their participation, there is no opposition/response from China during the investigations to avoid application of significant distortion methodology and as a result, exports from China face the same treatment as that of a non-market economy country.
Is the time limit for filing TRAN-1 sacrosanct – Madras High Court adds a twist to the never-ending tale · 2020-07-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/is-the-time-limit-for-filing-tran-1-sacrosanct-madras-high-court-adds-a-twist · Question whether the time limit imposed on transitioning the credit into GST from the erstwhile regime is sacrosanct has now been decided by various High Courts and interestingly, not all of them have taken the same view. Recently the Madras High Court has held that the provision imposing time limit is intra vires the Central Goods and Services Tax Act, 2017 and is mandatory in nature.
Ongoing concerns on ‘Going concern’ · 2020-07-27 · GST Consultancy · https://www.lkslaw.com/insights/articles/ongoing-concerns-on-going-concern · The article attempts to explain when the transfer of a business should be treated as a ‘transfer of a going concern, as a whole or an independent part thereof’ which is an exempt supply under GST laws.
Proviso to Section 115BAA(3) – Sowing confusion or certainty? · 2020-07-21 · Direct Tax · https://www.lkslaw.com/insights/articles/proviso-to-section-115baa-3-sowing-confusion-or-certainty · The article addresses an issue that may arise regarding the treatment of unclaimed portion of additional depreciation in respect of companies with substantial capital expansion in the relevant AY while opting for Section 115BAA of the Income Tax Act relating to reduced corporate taxation scheme.
Emerging preferences in trademarks amidst COVID-19 – Analysis of registrability and other related issues · 2020-07-15 · Intellectual Property · https://www.lkslaw.com/insights/articles/emerging-preferences-in-trademarks-amidst-covid-19-analyses-of-registrability · Since February 2020, the Covid-19 (also known as Coronavirus) pandemic has been a major talking point and consequently many pandemic referenced words are being used as trademarks and are being filed for registration at Trade Mark Registries worldwide. The article analyses the various registrability issues pertaining with ‘Covid’ or ‘Corona’ referenced trademarks filed in India and other related issues that may pose difficulties in seeking the registration.
Arbitrability of disputes post execution of ‘unconditional discharge vouchers’ – An analysis · 2020-07-13 · Arbitration · https://www.lkslaw.com/insights/articles/arbitrability-of-disputes-post-execution-of-unconditional-discharge-vouchers · One of the common defenses taken by a party, facing a claim in an arbitration is that the contract has already been discharged by performance, however, it is not uncommon for the claimant to dispute the discharge voucher signed by it and claim that it was executed under fraud, coercion or undue influence.
Virtual Hearing - An effective alternative to in-person hearing · 2020-07-10 · Direct Tax · https://www.lkslaw.com/insights/articles/virtual-hearing-an-effective-alternative-to-in-person-hearing · By Neha Sharma · Covid-19 has been affecting every sphere of our lives for the past many months and it is evident that the same would continue for the next few months, to say the least. Amongst others, judicial system in India has seen immense pressure to adapt to the existing circumstances posed by the pandemic and provide a redressal platform for the existing and future litigation.
Implementation of Significant Distortions Methodology by EU- Review of anti-dumping duty on exports from China · 2020-06-29 · International Trade and WTO · https://www.lkslaw.com/insights/articles/implementation-of-significant-distortions-methodology-by-eu-in-review-of-anti-dumping-duty-on-exports-from-china · By Vikrant Nehra · The European Union (‘EU’) amended EU Regulation 2016/1036 of 08-06-2016 (‘the Basic Anti-dumping Regulation’) on 12-12-2017 through which it introduced Article 2(6a). Through this amendment, the EU created a possibility whereby actual domestic selling price and costs of producer/exporter can be rejected for determining normal value in anti-dumping investigations/reviews where there are ‘significant distortions of prices and costs’.
GST Council’s unbalancing act on a tightrope! · 2020-06-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-council-s-unbalancing-act-on-a-tightrope · As tax professionals we get excited every time we hear news about Goods and Services Tax (“GST”) Council holding periodical meetings. Some of the GST Council meetings, particularly the ones held during the second half of financial year 2017-18 have more or less been small scale budgets, with announcement on various trade facilitation measures
Rejection of transaction value · 2020-06-26 · Customs · https://www.lkslaw.com/insights/articles/rejection-of-transaction-value-overcoming-die-hard-practices-of-the-department · By Ratan Jain, Noyanika Batta · Customs Valuation has been an impediment to better trade facilitation and inhibits ease of doing business in India. There is a need for systemic improvement and procedural clarity for reducing disputes pertaining to Customs Valuation.
Regulatory Tussle: Competition Commission of India v. Controller of Patents & Ors. · 2020-06-19 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/regulatory-tussle-competition-commission-of-india-v-controller-of-patents-ors · By Charanya Lakshmikumaran, Charanya Lakshmikumaran  Neelambera Sandeepan · In its brief 11-year existence, the Competition Commission of India (“CCI”) has investigated anti-competitive conduct across several diverse sectors of the Indian economy. The CCI is the sole quasi-judicial and regulatory body established under the Competition Act, 2002 (as amended) (“Competition Act”).
Tax exemption to Sovereign Wealth Funds – Whether taxable at all? · 2020-06-18 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-exemption-to-sovereign-wealth-funds-whether-taxable-at-all · The issue of taxation of foreign Sovereigns in India, does not spring up very often. The principle that a Sovereign is immune from taxation laws, has evolved over the centuries. With the Union Budget, 2020 proposing an exemption to Sovereign Wealth Funds (SWFs) in respect of certain income earned from India, the issue as to whether such entities are subject to tax in the first place has been reignited.
Lapsing of land acquisition proceedings – Supreme Court Larger Bench answers reference · 2020-06-16 · Commercial Litigation · https://www.lkslaw.com/insights/articles/lapsing-of-land-acquisition-proceedings-supreme-court-larger-bench-answers-reference · By  Aditya Thyagarajan · The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”) was passed with a view to address various inadequacies in the existing Land Acquisition Act, 1894 (“1894 Act”). The 2013 Act contains provisions for enhanced compensation as well as rehabilitation and resettlement.
IBC (Amendment) Ordinance · 2020-06-16 · Insolvency · https://www.lkslaw.com/insights/articles/ibc-amendment-ordinance-2020-a-game-changer · By Dinesh Babu Eedi · Novel Corona Virus Disease 2019, or better known as COVID-19, has created havoc across the globe. Till date, the pandemic has infected lakhs of people across the world and the said number has been increasing rapidly each day. Due to outbreak of COVID-19, various countries including India, have imposed lockdowns to combat the spread of the disease.
Anti-competitive practices in patent licenses · 2020-06-15 · Intellectual Property · https://www.lkslaw.com/insights/articles/anti-competitive-practices-in-patent-licenses-no-overlap-between-powers-of-patent-controller-and-the-competition-commission · The Delhi High Court has upheld the CCI’s jurisdiction in matters concerning alleged anti-competitive practices for protection of the Patent Rights but at the same time upheld his previous decision clearly holding that the domain of CCI and Patent Controller are distinct and not necessarily in conflict.
Exporting under GST – A Boon or Bane? · 2020-05-28 · GST Consultancy · https://www.lkslaw.com/insights/articles/exporting-under-gst-a-boon-or-bane · By Nirav Sanjay Karia · The COVID-19 pandemic has majorly hit the trade and industry, slowing down economies around the globe. The businesses in India have also been severely impacted by the recent lockdown which has created a fear of recession in the economy.
Aarogya Setu and Privacy Concerns · 2020-05-27 · Data Protection & TMT · https://www.lkslaw.com/insights/articles/aarogya-setu-and-privacy-concerns · Aarogya Setu is a mobile application launched by the Government of India on April 2, 2020. As per the terms of service of the Aarogya Setu Application (“ASA”), the intention is to provide a service to notify, trace, and suitably support a registered user regarding the COVID-19 infection. The press release1 issued by the Ministry of Electronics and IT explains the functioning of the application in the following manner
Introduction of Significant Distortions Methodology in the EU’s anti-dumping laws · 2020-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/introduction-of-significant-distortions-methodology-in-the-eu-s-anti-dumping-laws · Anti-dumping duty on the import of product cannot exceed the margin of dumping. Dumping margin is the difference between normal value and export price and is specific to the exporter concerned. Normal value means selling price in the domestic market of the exporting country in the ordinary course of trade.
Personal Data Protection in India · 2020-05-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/personal-data-protection-in-india · Data is becoming increasingly important in the current business landscape. Regulators, policy makers and business houses alike are concerned with how privacy and data security impact the economy. According to a 2016 report by McKinsey, all types of data flows acting together have raised world GDP by 10.1 percent over what would have resulted in a world without any cross-border flows of data.
Is Section 132(4A) a free getaway pass for the assessees · 2020-05-19 · Direct Tax · https://www.lkslaw.com/insights/articles/is-section-132-4a-a-free-getaway-pass-for-the-assessees · Search under Section 132 of the Income-tax Act, 1961 (“IT Act”) is conducted to unearth cases of assessees with undisclosed income and is always considered as invasion of privacy by the assessees on whom it is conducted. The assessees also fear search because information found during search will not only affect that assessment year but would also empower Authorities to conduct Assessment/Reassessment proceedings for preceding six years.
Electronic execution of contracts in the time of pandemic COVID-19 · 2020-05-13 · General Corporate · https://www.lkslaw.com/insights/articles/electronic-execution-of-contracts-in-the-time-of-pandemic-covid-19 · As held by the Courts in catena of judgements, e-contracts are valid and enforceable under the laws of India. India has been and will be witnessing a surge in the execution of contracts electronically. Now, due to COVID-19, execution of contracts electronically has become inevitable. Considering the ease of execution coupled with the enforceability, there is an increased recognition for these forms of execution.
When can expression of opinions become defamatory · 2020-05-12 · Intellectual Property · https://www.lkslaw.com/insights/articles/when-can-expression-of-opinions-become-defamatory · In the case of Abhijeet Bhansali v. Marico Ltd.[1], the Division Bench of the Bombay High Court while dealing with the issue of disparagement of PARACHUTE COCONUT OIL by a video blogger, laid down the principles by which any such video or any statement can be considered to be defamatory.
Performance Securities - Legal Principles and early decisions on enforcement during COVID-19 · 2020-05-08 · Commercial Litigation · https://www.lkslaw.com/insights/articles/performance-securities-legal-principles-and-early-decisions-on-enforcement-during-covid-19 · By Charanya Lakshmikumaran · Bank guarantees, letters of credit, pledges and other similar instruments cement commercial dealings by securing payment against default of a contract. A key aspect of such security instruments is also that they are usually exercisable at the unilateral option of the holder, in order to ensure timely cashflow, despite a pending dispute as to whether the default has occurred.
Confusion on ‘essential commodities’ in the time of lockdown · 2020-05-01 · Regulatory · https://www.lkslaw.com/insights/articles/confusion-on-essential-commodities-in-the-time-of-lockdown · Several lessons are being learnt from the experience of lockdown amidst COVID-19.It also exposed varioussoftspotsin Indian laws and executive orders.Questioning the authority on such technicalities would have been termed insensitive and may have caused unnecessary hurdles to secure the recovery from the pandemic.
Government Nod must for FDI from bordering countries · 2020-04-30 · General Corporate · https://www.lkslaw.com/insights/articles/government-nod-must-for-fdi-from-bordering-countries · By Kunal Arora · The Department for Promotion of Industry and Internal Trade, Government of India (“DPIIT”) had vide press note 3 of 2020 dated April 17, 2020 (“Press Note 3”) amended the extant foreign direct investment (FDI) policy dated August 28, 2017. As per Press Note 3, the amendment was introduced with an aim to curb opportunistic takeovers of Indian companies by persons or entities (directly or indirectly) of any country which shares a land border with India (“Bordering Country”) during difficult times
Arbitrary relief in GST compliances for taxpayers · 2020-04-29 · GST Consultancy · https://www.lkslaw.com/insights/articles/arbitrary-relief-in-gst-compliances-for-taxpayers · Due to the current lockdown, the Government has introduced certain relief measures for the industries by extending the timelines for statutory and regulatory compliances under various laws. In this regard, the Finance Ministry has issued multiple notifications on 03-04-2020. A snapshot of the notifications relevant for present discussion is as under:
Well begun is half done – Examining adequacy of initiatives by Commerce Ministry providing reliefs under FTP · 2020-04-29 · Customs · https://www.lkslaw.com/insights/articles/well-begun-is-half-done-examining-adequacy-of-initiatives-by-commerce-ministry-providing-reliefs-under-ftp · By Nupur Maheshwari · The lockdowns due to COVID-19 in various countries have shrunk global trade with countries choosing to protect their people first before opening any further borders. The Government has also been tweaking the Import and Export Policy for many goods keeping in view the requirement of these goods in India. The Government has also issued an Ordinance, circulars, press releases, etc., on various relief measures for the benefit of the trade and industry.
“Reasonable Period of Time” for implementation of rulings and recommendations by DSB · 2020-04-28 · International Trade and WTO · https://www.lkslaw.com/insights/articles/reasonable-period-of-time-for-implementation-of-rulings-and-recommendations-by-dsb · By A S Aniruddha, Ankur Sharma, Jaime Bartell · In the International trade scenario, World Trade Organization (“WTO”) provides an operating framework which facilitates free trade between its member-countries. The Dispute Settlement Understanding (“DSU”) is a legal text containing the rules for dispute settlement in the WTO. The Dispute Settlement Body (“DSB”) comprising of representatives of all WTO Members, administers the DSU and is responsible for overseeing the entire dispute settlement process.
Equalization Levy - An approach to implement Digital Taxation Policy by India · 2020-04-20 · Direct Tax · https://www.lkslaw.com/insights/articles/equalization-levy-an-approach-to-implement-digital-taxation-policy-by-india · By Harshit Khurana · Business environment has undergone a drastic change i.e. from the traditional ‘physical system’ to the modern ‘digital system’. With user/ consumer facing countries devising measures to tax digital businesses, the International tax landscape is certainly undergoing a renovation.
FDI Policy revised to curb opportunistic takeovers · 2020-04-20 · General Corporate · https://www.lkslaw.com/insights/articles/fdi-policy-revised-to-curb-opportunistic-takeovers · The extant COVID-19 pandemic has been plaguing individuals and industries alike. The Government of India has, with a view to curb opportunistic takeovers/acquisitions of Indian companies due to the COVID-19 pandemic, reviewed and revised the extant foreign direct investment (“FDI”) policy dated August 28, 2017 (“FDI Policy”), issued by the Department for Promotions of Industry and Internal Trade (“DPIIT”) vide press note 3 of 2020 dated April 17, 2020
Competition Law at the NCLAT: A Three Year Round - Up · 2020-04-14 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/competition-law-at-the-nclat-a-three-year-round-up · By Neelambera Sandeepan · In an effort to streamline the functioning of tribunals in India, the Finance Act, 2017 brought appeals filed against the orders of the Competition Commission of India (CCI)under the Competition Act, 2002 (CompetitionAct) within the purview of the National Company Law Appellate Tribunal (NCLAT).
Regulatory aspects of Blood plasma therapy in Covid-19 scenario – Should we have woken up earlier? · 2020-04-14 · Regulatory · https://www.lkslaw.com/insights/articles/regulatory-aspects-of-blood-plasma-therapy-in-covid-19-scenario-should-we-have-woken-up-earlier · Indian Council of Medical Research (hereinafter referred as the ‘ICMR’) has recently come up with letter of intent inviting hospitals and institutions to participate in randomized controlled study of Therapeutic Plasma Exchange in critically infected covid-19 patients. This is also being referred to as the ‘Convalescent Plasma Therapy’.
Competition Law in the time of COVID-19 · 2020-04-10 · Competition & Antitrust · https://www.lkslaw.com/insights/articles/competition-law-in-the-time-of-covid-19 · By Charanya Lakshmikumaran  Neelambera Sandeepan · Businesses across the world have been impacted by the global pandemic, COVID – 19 and State measures have brought many economies to a standstill. It is inevitable that the next few months are going to present new challenges to businesses.While certain industries such as airlines, entertainment, hotels etc. will struggle to get back on their feet, essential commodities, pharmaceuticals and healthcare providers will be strained with unprecedented demand.
Coronavirus: Employer and Employee Relationship · 2020-04-09 · Employment Law · https://www.lkslaw.com/insights/articles/coronavirus-employer-and-employee-relationship · Coronavirus, which originated from the Wuhan district of China, has been declared as a health emergency of international concern by the World Health Organization on January 30, 2020. The outbreak of the novel Coronavirus Disease (“COVID-19”) has transcended geographical barriers and already sickened approximately 15,00,00 people, with more than 85,000 deaths across the globe.
COVID-19 and Sporting Events: Impact Analysis · 2020-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-covid-19-sporting-events-impact-analysis · The global sports market is an estimated $600 billion industry1, comprising of infrastructure, events, training, manufacturing and retail. The scale and revenue-generating opportunities are most visible during marquee international sporting events.
COVID-19 – Analysis of Price Fixation Orders under Essential Commodities Act · 2020-04-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/covid-19-analysis-of-price-fixation-orders-under-essential-commodities-act · By Kumar Panda
Tax implications of the General Motors Overseas Corporation case · 2020-04-06 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-implications-of-the-general-motors-overseas-corporation-case · The recent decision of the Mumbai Income Tax Appellate Tribunal (“ITAT”) in the General Motors Overseas Corporation case has laid new ground in the law relating to secondments. In this update, we shall discuss the facts of the case, arguments raised before the ITAT and the implications of the decision.
Companies Fresh Start Scheme · 2020-04-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-companies-fresh-start-scheme-2020 · Upon representations by various stakeholders and in the interest of all companies, the Ministry of Corporate Aairs (“MCA”) recently came out with the Companies Fresh Start Scheme, 2020. The purpose of the said scheme is to condone the delay in filing of documents and provide a one-time waiver to companies from prosecution and imposition of additional fee, in order to enable such companies to file all their documents.
LLP Settlement Scheme · 2020-04-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-llp-settlement-scheme · Upon representations by various stakeholders and in the interest of all limited liability partnerships (“LLPs”), the Ministry of Corporate Aairs (“MCA”) recently came out with the LLP Settlement Scheme 2020. The purpose of the scheme is to condone the delay in filing of documents and provide a one-time waiver to LLPs from prosecution and imposition of additional fee, in order to enable LLPs to file all their documents.
Impact of Coronavirus Lockdown · 2020-04-03 · Customs · https://www.lkslaw.com/insights/articles/impact-of-coronavirus-lockdown · Due to Novel COVID-19, partial / complete lockdown has been imposed in various countries across the world. The Hon’ble Prime Minister of India on March 23, 2020 announced a complete lockdown throughout the country for 21 days, as a preventive measure to slow down the spreading of the virus.
COVID-19: IPR Statutory and Regulatory Updates for Companies · 2020-03-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/covid-19-ipr-statutory-and-regulatory-updates-for-companies · In view of the recent COVID-19 outbreak, various Constitutional Courts as well as statutory bodies related to Intellectual Property Laws in India have announced several relief measures for the stakeholders. The said measures have been detailed hereinbelow, along with their implications.
Revisiting Contractual Theory and Obligations in the Times of COVID19 · 2020-03-30 · Commercial Litigation · https://www.lkslaw.com/insights/articles/revisiting-contractual-theory-and-obligations-in-the-times-of-covid19 · Amongst other objectives, contracts are about the allocation of risksbetween contracting parties. Risks that may hinder or absolutely obviate the possibility performance are therefore addressed, either by parties themselves in the contract, or by the legal rule of frustration of contracts.
Circumvention provisions relating to anti-dumping duty – Analysis of recent amendments · 2020-03-27 · International Trade and WTO · https://www.lkslaw.com/insights/articles/circumvention-provisions-relating-to-anti-dumping-duty-analysis-of-recent-amendments · Trade Remedy measures act as a shield for the domestic industries of importing countries, since they curb excessive and unfair imports into the country and allow healthy competition to exist. Since anti-dumping and countervailing duties target unfair imports, they are imposed on imports of specific goods ‘originating in or exported from’ specific countries.
COVID-19 Statutory and Regulatory Updates for Companies · 2020-03-26 · General Corporate · https://www.lkslaw.com/insights/articles/covid-19-statutory-and-regulatory-updates-for-companies · On March 24, 2020, the Finance Minister announced several relief measures across sectors, relating to Statutory and Regulatory compliance matters, in view of the COVID-19 outbreak in the country. The main relief measures have been detailed below, along with their implications for businesses.
Aircraft lease transaction – Not a lease of life · 2020-03-24 · Customs · https://www.lkslaw.com/insights/articles/aircraft-lease-transaction-not-a-lease-of-life · Considering that nowadays airlines industry is almost always in the news for one reason or another, this may be the best time to highlight one of the issues being faced by this industry.
Dissecting Section 80M of the Income Tax Act - The known and the unknown · 2020-03-17 · Direct Tax · https://www.lkslaw.com/insights/articles/dissecting-section-80m-of-the-income-tax-act-the-known-and-the-unknown · The Finance Bill 2020 (referred to as the ‘Bill’) proposed plethora of amendments in the Income Tax Act, 1961 (referred to as the ‘Act’) on different aspects. One such amendment was to relieve corporates from paying distribution tax on dividends (‘DDT’) and going back to the old school ways of taxing such dividends in the hands of the shareholders.
Right to paternity of contribution in cinematographic film – Analysis of the CHHAPAK case · 2020-03-16 · Intellectual Property · https://www.lkslaw.com/insights/articles/right-to-paternity-of-contribution-in-cinematographic-film-analysis-of-the-chhapak-case · In the case of Fox Star Studios (Division of Star India Private Limited) v. Aparna Bhat & Ors.[ CM (M) 15/2020], a Single Judge of Delhi High Court vide its order dated 11th January 2020, held that once a person has contributed to any cinematographic film in any manner, then as per the moral rights, he/ she has right to paternity.
Digital payments - Revised framework on monetary penalties is a step towards transparency · 2020-03-11 · Regulatory · https://www.lkslaw.com/insights/articles/digital-payments-revised-framework-on-monetary-penalties-is-a-step-towards-transparency · India has seen rapid advancement in the FinTech industry in the last couple of years leading to increased number of transactions, entry of number of non-banking players, availability of multiple online payment modes, etc. This evolving sector is majorly regulated by the Reserve Bank of India by way of issuance of guidelines, directions, policies, instructions from time to time.
GST on ocean freight – Smooth sailing ahead for assessees? · 2020-02-25 · GST Consultancy · https://www.lkslaw.com/insights/articles/gst-on-ocean-freight-smooth-sailing-ahead-for-assessees · Taxation of a cross-border transaction is one of the most complex and disputed areas of litigation. Further, the recent trade wars between the major economies of the world are adding fuel to the fire. One specific industry which had been largely immune from GST or VAT is the shipping industry undertaking international transportation. Most major economies have chosen not to levy GST or VAT on transactions involving movement of goods internationally.
Tariff Rate Quotas: A Balanced Safeguard · 2020-02-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tariff-rate-quotas-a-balanced-safeguard · Free trade across the globe is the spine of a mutually benefiting world. Users of several goods rely on imports, when they are not readily available in India due to short supply. However, the influx of imports from various countries is injurious to the growth and sustenance of domestic producers. Reliance on imports without any domestic progress also hinders the economic growth and development of the country.
Benami law and retrospectivity - Analysis of Rajasthan High Court decision in Niharika Jain v. Union of India · 2020-02-20 · Direct Tax · https://www.lkslaw.com/insights/articles/benami-law-and-retrospectivity-analysis-of-rajasthan-high-court-decision-in-niharika-jain-v-union-of-india · New-age laws that seek to remedy economic wrongs are interesting. Economic wrongs could be civil or criminal in character. Clearly, any person who cheats and deprives people of their property is an offender and is a threat to the society at large. He needs to be dealt with through a criminal law. However, another person who breaches a contractual obligation would need to cough up damages and a civil law would be apt and sufficient to deal with this private matter.
To Grant or Not to Grant Interim Injunction - Conflicting decisions by co-ordinate Benches of same High Court in pharmaceutical patent infringement suits · 2020-02-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/to-grant-or-not-to-grant-interim-injunction-conflicting-decisions-by-co-ordinate-benches-of-same-high-court-in-pharmaceutical-patent-infringement-suits · Two co-ordinate Single Judge Benches of the Delhi High Court have arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits instituted by Astrazeneca AB and others against various Defendants[ Micro Labs Limited, Natco Pharma Limited, Dr. Reddy’s Laboratories Limited, Emcure Pharmaceuticals Limited and MSN Laboratories Limited.] in relation to a pharmaceutical composition
Convertible Notes – A case of square pegs in a round hole!! · 2020-02-11 · Securities Law · https://www.lkslaw.com/insights/articles/convertible-notes-a-case-of-square-pegs-in-a-round-hole · Given the dynamic and volatile nature of India’s start-up ecosystem, start-up(s) are always in the look-out for innovative and cost-effective fund-raising opportunities. To promote start-up(s), the government also upgrades regulatory norms and practices, in alignment with prevalent economic conditions and market dynamics.
Intermediary services - Taxability of cross-border services after withdrawal of circular · 2020-01-29 · GST Consultancy · https://www.lkslaw.com/insights/articles/intermediary-services-taxability-of-cross-border-services-after-withdrawal-of-circular · By Satya Sai · Cross-border supplies (import and export) of goods and services generally entail the presence of an intermediary. Such an intermediary is usually a subsidiary of the foreign principal which undertakes facilitation as well as provision of various services on behalf of the principal. Each such case involves provision of two independent supplies, i.e., one from the principal to the ultimate customer and another from the agent to the principal.
Patentability of computer related inventions · 2020-01-22 · Intellectual Property · https://www.lkslaw.com/insights/articles/patentability-of-computer-related-inventions · In the case of Ferid Allani v. Union of India and Ors., a single judge of the Delhi High Court vide its order dated 12 December 2019, directed the Indian Patent Office (IPO) to re-examine the petitioner’s Indian patent application in the light of observations of the court on patent eligibility of computer-related inventions (CRIs).
Use of ‘Particular Market Situation’ provision in Anti-dumping Investigations · 2020-01-22 · International Trade and WTO · https://www.lkslaw.com/insights/articles/use-of-particular-market-situation-provision-in-anti-dumping-investigations · Article 2 of the WTO Anti-dumping Agreement provides for provision regarding determination of dumping. As per Article 2.1, a product is considered as being dumped if the export price of the product is less than the normal value. Article 2.1 of the Anti-dumping Agreement provides that domestic selling price of like article in the exporting country shall be considered as normal value.
Tax laws seeking to regulate NBFCs whether resulting in unintended hardships · 2020-01-20 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-laws-seeking-to-regulate-nbfcs-whether-resulting-in-unintended-hardships · Being regulated by the Reserve Bank of India (‘RBI’), Banks and Non-Banking Finance Companies (‘NBFC’) are required to follow the norms for asset classification, income recognition and provisioning laid down by the Central Bank. The regulations require every NBFC to categorize assets into different buckets and create provisions for bad and doubtful debts at specified percentages.
Independent Directors and mandate of online proficiency test: Approbation or mere disdain? · 2020-01-07 · General Corporate · https://www.lkslaw.com/insights/articles/independent-directors-and-mandate-of-online-proficiency-test-approbation-or-mere-disdain · With the objective of thriving good corporate governance, Ministry of Corporate Affairs (“MCA”) on October 22, 2019 notified the Companies (Creation and Maintenance of databank of Independent Directors) Rules, 2019 (“Databank Rules”) in exercise of the powers conferred upon it by Sections 150 and 469 of the Companies Act, 2013 (“CA 2013”).
Demand without challenging assessment – Is it sustainable? · 2019-12-27 · Customs · https://www.lkslaw.com/insights/articles/demand-without-challenging-assessment-is-it-sustainable · By Akhilesh Kangsia · The ruling of the Supreme Court in ITC v. CCE, Kolkata [2019 (368) ELT 216] has been quite unsettling for the assessees, as their refund claims are being rejected on account of non-challenge to the assessment. However, this ruling is likely to pose an issue for the department as well.
The Appellate Body’s disintegration: Is this the WTO’s “Infinity War” or is there an “Endgame” · 2019-12-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-appellate-body-s-disintegration-is-this-the-wto-s-infinity-war-or-is-there-an-endgame · On 10th December 2019, the terms of two WTO Appellate Body ("AB") members – Mr. Ujal Singh Bhatia (from India) and Mr. Thomas Graham (from the United States) – came to an end, and they subsequently demitted office.
Benefits of Income-tax Act 1961 to charitable trusts · 2019-12-19 · Direct Tax · https://www.lkslaw.com/insights/articles/benefits-of-income-tax-act-1961-to-charitable-trusts · The Income-tax Act, 1961 (“the Act”) provides for various benefits to a trust formed for charitable or religious purposes. Section 11 of the Act exempts the income derived from property held under trust for charitable purposes from taxation, inter alia, to the extent to which such income is applied for such purposes ‘in India’. The phrase ‘applied for charitable purposes in India’ has been a subject matter of litigation in the recent past.
Exploring the requirement of sufficiency of disclosure in patent specification · 2019-12-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/exploring-the-requirement-of-sufficiency-of-disclosure-in-patent-specification · A patent is a monopoly granted to an applicant in return for his invention being made public so that at the end of the patent term, the invention may benefit the people at large. The disclosure in a patent specification can also be used during the term of the patent for further development of the technology.
The draft E-Commerce Rules - Moving towards protectionism · 2019-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-draft-e-commerce-rules-moving-towards-protectionism · The Ministry of Consumer Affairs, recently, on November 11, 2019, under Section 101(1)(zg) of the Consumer Protection Act, 2019 issued a draft set of rules on e-commerce titled the Consumer Protection (e-commerce) Rules, 2019 (“Draft Rules”).
Applicable time limit in Anti-dumping review proceedings · 2019-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/applicable-time-limit-in-anti-dumping-review-proceedings · By Bhargav Mansatta · Three types of reviews are contemplated under the WTO Anti-dumping Agreement & Indian Anti-dumping Rules, 1995 namely (i) Mid-term review under Rule 23(1A) (ii) Sunset review under Rule 23(1B) and (ii
The right to cross-examine in a post-grant opposition · 2019-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-right-to-cross-examine-in-a-post-grant-opposition · In the case of Onyx Therapeutics Inc v Union of India , a Division Bench of the Delhi High Court vide its order dated September 26, 2019 held that once the Patentee has filed its reply-statement, the Patentee is not required to provide any separate reasons for cross-examination of the witnesses whose affidavits are filed by the Opponent in support of its Post-grant Opposition.
Taxation of income from shipping business · 2019-11-29 · Direct Tax · https://www.lkslaw.com/insights/articles/taxation-of-income-from-shipping-business · The shipping industry plays a vital role in the international trade. The recent UNCTAD report provides that more than four fifths of world merchandise trade by volume is carried by sea. Indian companies also generally use foreign vessels or avail the carriage services of foreign shipping companies for transportation and other business activities. The amount paid to these foreign shipping companies may be taxed in India if the income accrues or is received in India.
Pre-import condition and Rule 96(10) - Misplaced comforts and GST implications for Advance Authorization holders · 2019-11-27 · Customs · https://www.lkslaw.com/insights/articles/pre-import-condition-and-rule-96-10-misplaced-comforts-and-gst-implications-for-advance-authorization-holders · With the end of 2019 right around the corner, it is interesting to reflect back on the changes that the tax fabric has seen in the past year. One of the major reliefs that the assessees received at the beginning of 2019 (in January) was the removal of a ghost known as “Pre-import condition” specifically for manufacturers who were Advance Authorization holders.
CGST Rule 36(4) - 20% of which credit are you eligible for? · 2019-11-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cgst-rule-36-4-20-of-which-credit-are-you-eligible-for · Change is the only constant’ - A phrase the CBIC seems to have adopted with the trade being bombarded with a barrage of amendments and day to day clarifications in the GST laws since the implementation of GST.
Panel Report in India-Export Related Measures – End of the road for export promotion programs? · 2019-11-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/panel-report-in-india-export-related-measures-end-of-the-road-for-export-promotion-programs · On 14 March 2018, the United States requested consultations with the Government of India under the WTO Dispute Settlement Mechanism on some of the export promotion programs maintained by India.
The Dividend Dilemma · 2019-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-dividend-dilemma · By Sadhvi Gupta
Regional Comprehensive Economic Partnership (RCEP): India’s concerns · 2019-10-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/regional-comprehensive-economic-partnership-rcep-india-s-concerns · By Greetika Francis
Deduction for additional employment - Simple yet ambiguous · 2019-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/deduction-for-additional-employment-simple-yet-ambiguous
State Biological Diversity Rules – A puzzle waiting to be solved · 2019-10-18 · Intellectual Property · https://www.lkslaw.com/insights/articles/state-biological-diversity-rules-a-puzzle-waiting-to-be-solved · India ratified the Convention on Biological Diversity (CBD), which was held in Rio de Janeiro, Brazil, in 1992[endnote 1] by becoming a Party to it on February 1994. Thus, bega
Draft Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Bill, 2019 – An analysis · 2019-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/draft-employees-provident-funds-and-miscellaneous-provisions-amendment-bill-2019-an-analysis
‘Appointed date’ in a scheme of arrangement – More flexible and effective · 2019-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/appointed-date-in-a-scheme-of-arrangement-more-flexible-and-effective · By Rohit Subramanian
Satisfaction of the ‘make available’ condition in services of short duration – An analysis · 2019-09-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/satisfaction-of-the-make-available-condition-in-services-of-short-duration-an-analysis · By Shalini Maheshwari
Arbitration in India: A Handbook · 2019-09-27 · Arbitration · https://www.lkslaw.com/insights/articles/arbitration-in-india-a-handbook
Insolvency and Bankruptcy Code: An Overview · 2019-09-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/insolvency-and-bankruptcy-code-an-overview
Role of ‘adjustment plan’ in Safeguard investigations · 2019-09-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/role-of-adjustment-plan-in-safeguard-investigations · By Divyashree Suri 
The Social Welfare Surcharge conundrum · 2019-09-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-social-welfare-surcharge-conundrum · By Nivedha Mohan
Validity and infringement of a Patent: · 2019-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/validity-and-infringement-of-a-patent-an-analysis-of-the-judgment-in-communication-components-antenna-inc-v-ace-technologies-corp · By Parthasarathy R.
Preference Liquidation Hit or Miss? · 2019-09-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/preference-liquidation-hit-or-miss · By Priyanshi Singhal
Supreme Court upholds COMPAT order directing competition investigations against UBER · 2019-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/supreme-court-upholds-compat-order-directing-competition-investigations-against-uber · By Charanya Lakshmikumaran
Amendment to Section 12(8) of the IGST Act – Simplifying or complicating? · 2019-08-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/amendment-to-section-12-8-of-the-igst-act-simplifying-or-complicating · By Jayesh Talreja, Chaitanya Bhatt
Conundrum of employer-employee relation – HR policies and GST implications · 2019-08-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/conundrum-of-employer-employee-relation-hr-policies-and-gst-implications · By Astha Sinha, Nirav Sanjay Karia
SEZs whether eligible constituent of “Domestic Industry” under Indian trade remedial laws? · 2019-08-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sezs-whether-eligible-constituent-of-domestic-industry-under-indian-trade-remedial-laws · By Greetika Francis
Keeping the cash in check · 2019-08-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/keeping-the-cash-in-check
Trademark passing-off against film release · 2019-08-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trademark-passing-off-against-film-release · By Sutapa Jana
Timelines for Corporate Insolvency Resolution Process - The 2019 amendments and their ambiguities · 2019-08-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/timelines-for-corporate-insolvency-resolution-process-the-2019-amendments-and-their-ambiguities · By Gopal Machiraju
SEBI approves shares with differential voting rights - A welcome move · 2019-08-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sebi-approves-shares-with-differential-voting-rights-a-welcome-move · By L. Badri Narayanan, Pooja Vijayvargiya
Roles and responsibilities of Compliance Officers under SEBI regulations · 2019-08-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/roles-and-responsibilities-of-compliance-officers-under-sebi-regulations · By Rohit Subramanian
A step towards strengthening institutional arbitration in India - New Delhi International Arbitration Centre Act, 2019 · 2019-08-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/a-step-towards-strengthening-institutional-arbitration-in-india-new-delhi-international-arbitration-centre-act-2019 · By Akshita Alok
Reinforcing consumer’s interest: Introduction of product liability · 2019-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/reinforcing-consumer-s-interest-introduction-of-product-liability · By Sonia Abrol · by Sonia Abrol Kritika Krishnamurthy The Parliament of India on August 6, 2019 has passed the much-awaited Consumer Protection Bill, 2019 and notified the same in the official gazette of India after i
New Delhi International Arbitration Centre Act comes into force · 2019-07-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/new-delhi-international-arbitration-centre-act-comes-into-force
Anti-dumping duty on imports of certain rubber chemicals - A Catch-22 situation for Designated Authority · 2019-07-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/anti-dumping-duty-on-imports-of-certain-rubber-chemicals-a-catch-22-situation-for-designated-authority · By Neeraj Chhabra
Controlling price of supply down the ladder: An antitrust breakdown · 2019-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/controlling-price-of-supply-down-the-ladder-an-antitrust-breakdown · By Charanya Lakshmikumaran
Coverage of redemption fine under Sabka Vishwas (Legacy Dispute Resolution) Scheme · 2019-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/coverage-of-redemption-fine-under-sabka-vishwas-legacy-dispute-resolution-scheme · By Atul Gupta
Better late than never – A sigh of relief for real estate developers · 2019-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/better-late-than-never-a-sigh-of-relief-for-real-estate-developers
Tax Incentives for Affordable Housing: An Analysis · 2019-07-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tax-incentives-for-affordable-housing-an-analysis · By Tanmay Bhatnagar
Contradiction & consensus: Mode of infringement of a cinematograph film · 2019-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/contradiction-consensus-mode-of-infringement-of-a-cinematograph-film · By Saksham Garg
Liquidation preference - Relevance in private companies · 2019-07-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/liquidation-preference-relevance-in-private-companies · By Priyanshi Singhal In Indian
Quick guide to CCI Dawn Raids · 2019-07-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/quick-guide-to-cci-dawn-raids · By Charanya Lakshmikumaran
GST 3.0 – The way forward! · 2019-06-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-3-0-the-way-forward · By Brijesh Kothary · By Brijesh Kothary As we enter the third year of GST implementation, the focus of GST Council appears to be shifting from rate rationalization and compliance simplification to revenue growth. There ha
Recourse available against order passed by Appellate AAR under GST · 2019-06-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/recourse-available-against-order-passed-by-appellate-aar-under-gst · By Nagesh Jadhav
ALP of Depreciable Capital Asset purchased from an associated enterprise – To compute or not compute · 2019-06-25 · Direct Tax · https://www.lkslaw.com/insights/articles/alp-of-depreciable-capital-asset-purchased-from-an-associated-enterprise-to-compute-or-not-compute · The question of applicability of Chapter X (“transfer pricing provisions”) of Income Tax Act, 1961 (“IT Act”) with respect to issue of shares had come up in the past and in the Vodafone judgment , it was held that transfer pricing provisions kick in only when an income is charged to tax under other provisions of the IT Act.
One by one · 2019-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/one-by-one-till-there-are-none-the-continuing-saga-of-the-appellate-body · Since the WTO’s formation in 1995, the WTO’s Appellate Body has stood as a vanguard of justice to ensure a rules-based system of dispute settlement as against a power-based system that prevailed in the GATT days.
One by one, till there are none: The continuing saga of the Appellate Body · 2019-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/one-by-one-till-there-are-none-the-continuing-saga-of-the-appellate-body-1 · By Jayant Raghu Ram
Design protection - Mere placement of few different straps · 2019-06-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/design-protection-mere-placement-of-few-different-straps-holes-or-claims-on-certain-combination-of-colours-not-enough
Design protection - Mere placement of few different straps, holes or claims on certain combination of colours not enough · 2019-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/design-protection-mere-placement-of-few-different-straps-holes-or-claims-on-certain-combination-of-colours-not-enough-1 · By Ashna Pruthi
Effect of an unstamped agreement containing an arbitration clause · 2019-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/effect-of-an-unstamped-agreement-containing-an-arbitration-clause · Recently, the Supreme Court in Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd.
Class Action Suits under Companies Law – A Reality? · 2019-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/class-action-suits-under-companies-law-a-reality · The viability of class action suits under company law in India has been a cause for much debate, ever since Section 245 of the Companies Act, 2013 (“Act”) got notified on 1st June, 2016.
Whether recovery proceedings for a debt pertaining to a period prior to approval of resolution plan can be initiated against corporate debtor? · 2019-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/whether-recovery-proceedings-for-a-debt-pertaining-to-a-period-prior-to-approval-of-resolution-plan-can-be-initiated-against-corporate-debtor · It is now a settled position that the prime objective of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is resolution or revival of the Corporate Debtor; followed by maximising the value of the assets of the Corporate Debtor; and lastly to promote entrepreneurship and availability of credit.
Issuance of shares with differential voting rights · 2019-06-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/issuance-of-shares-with-differential-voting-rights · The recent trend in the area of corporate laws has led to the emergence of various investments tools with multiple ways and options to retain control in the company.
ITC reversal on sale of used capital goods · 2019-05-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/itc-reversal-on-sale-of-used-capital-goods · GST law is moving towards its second anniversary and yet the so called simple tax does not seem to have settled down much.
Consequence of non-participation by India in CVD investigations conducted by USA · 2019-05-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/consequence-of-non-participation-by-india-in-cvd-investigations-conducted-by-usa · Government of the exporting country is an interested party in a countervailing duty investigation.
Director’s liability under the Income tax law – An insight · 2019-05-28 · Direct Tax · https://www.lkslaw.com/insights/articles/director-s-liability-under-the-income-tax-law-an-insight · It may be enticing to hold a directorship position in a corporate house. However, should the roofs descend someday, it becomes equally undesirable.
Delhi High Court affirms that “export” is covered under Section 107A of Patents Act · 2019-05-24 · Intellectual Property · https://www.lkslaw.com/insights/articles/delhi-high-court-affirms-that-export-is-covered-under-section-107a-of-patents-act · By Vindhya S. · A Division Bench of the Delhi High Court in its recent order dated April 22, 2019 affirmed the decision of the Single Judge of the same court interpreting Section 107A of the Patents Act, 1970 (Act).
Dynamic injunction against ‘rogue websites’ in UTV case- Balanced remedy or excessive enforcement? · 2019-04-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dynamic-injunction-against-rogue-websites-in-utv-case-balanced-remedy-or-excessive-enforcement · By Sudarshan Shekhawat
Prosecution under Section 276C of Income-tax Act, 1961 – An Overview · 2019-04-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/prosecution-under-section-276c-of-income-tax-act-1961-an-overview · By Ravi Sawana
Expenses incurred on CSR - Not so GST friendly? · 2019-04-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/expenses-incurred-on-csr-not-so-gst-friendly · By Koushal Sonthalia One
All is fair in trade and war – Panel Ruling on interpretation of security exceptions in Russia-Traffic in Transit · 2019-04-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/all-is-fair-in-trade-and-war-panel-ruling-on-interpretation-of-security-exceptions-in-russia-traffic-in-transit · By Jayant Raghu Ram
Conference on GST- Unresolved Issues and Agenda for the New Government · 2019-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/conference-on-gst-unresolved-issues-and-agenda-for-the-new-government · Dates & locations: Hyderabad - 26 th April 2019 Mumbai - 8 th May 2019 Chennai - 16 th May 2019 Time: 10.00 a.m. – 5.30 p.m. ASSOCHAM is organizing series of conference on “GST- unresolved issues and
Maximum pensionable salary - SC upholds HC judgment quashing cap thereon · 2019-04-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/maximum-pensionable-salary-sc-upholds-hc-judgment-quashing-cap-thereon · By Ankit Parhar The Employees
Companies (Significant Beneficial Owners) Amendment Rules, 2019: Significant clarity at last · 2019-04-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/companies-significant-beneficial-owners-amendment-rules-2019-significant-clarity-at-last · By Sudish Sharma
US withdrawal of GSP benefits for India · 2019-03-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/us-withdrawal-of-gsp-benefits-for-india · By Bhargav Mansatta Generalised System
Dichotomy between Gross and Net amount - Analysis of Vijay Industries Judgment · 2019-03-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dichotomy-between-gross-and-net-amount-analysis-of-vijay-industries-judgment · By Mahendra Singh
Burden of unified registrations for EOUs and DTA units · 2019-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/burden-of-unified-registrations-for-eous-and-dta-units · By Anupama Ravindran
Breaking the credit chain – An avenue to boost revenue? · 2019-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/breaking-the-credit-chain-an-avenue-to-boost-revenue · By Brijesh Kothary The Goods
Trademarks – Use of a generic prefix, how far effective · 2019-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trademarks-use-of-a-generic-prefix-how-far-effective · By R. Parthasarathy
Relief to disqualified directors under the Companies Act, 2013 · 2019-03-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/relief-to-disqualified-directors-under-the-companies-act-2013 · By Tanya Sharma
Directors receiving remuneration are employees as per ESI Act · 2019-03-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/directors-receiving-remuneration-are-employees-as-per-esi-act · By Ankit Parhar In Employees
Banning of Unregulated Deposits Schemes Ordinance, 2019 · 2019-03-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/banning-of-unregulated-deposits-schemes-ordinance-2019 · By Sudish Sharma
Analysis of “Material Retardation”: A WTO jurisprudential perspective on DGTR’s recent findings · 2019-02-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/analysis-of-material-retardation-a-wto-jurisprudential-perspective-on-dgtr-s-recent-findings · By Greetika Francis The Directorate
Punitive damages in trademark infringement suits · 2019-02-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/punitive-damages-in-trademark-infringement-suits · By R. Parthasarathy
Revision of returns & forms – Need for amendments · 2019-02-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/revision-of-returns-forms-need-for-amendments · By Nipun Arora
Liability to pay interest – An interesting interpretation · 2019-02-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/liability-to-pay-interest-an-interesting-interpretation · By Rahul Jain
Taxes on Online Gaming: Resolving the TDS Anagram · 2019-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/taxes-on-online-gaming-resolving-the-tds-anagram · By Neha Sharma Online
Indemnity clause in a Share Purchase Agreement · 2019-02-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/indemnity-clause-in-a-share-purchase-agreement · By Anurag Pareek Introduction Indemnity
Corporate Insolvency Resolution Proceedings under IBC are independent of winding-up proceeding under Companies Act, 1956 · 2019-02-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-insolvency-resolution-proceedings-under-ibc-are-independent-of-winding-up-proceeding-under-companies-act-1956 · By Ankit Parhar In Forech
Manual of Operating Practices for trade remedy investigations - A step towards transparency · 2019-01-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/manual-of-operating-practices-for-trade-remedy-investigations-a-step-towards-transparency · By Neeraj Chhabra
Liaison Office as PE under India-US DTAA · 2019-01-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/liaison-office-as-pe-under-india-us-dtaa · By Tanmay Bhatnagar
Liquidated damages in Share Purchase Agreements · 2019-01-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/liquidated-damages-in-share-purchase-agreements · By Anurag Pareek Liquidated
Diagnosing the issues of E-pharmacies · 2019-01-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/diagnosing-the-issues-of-e-pharmacies · By Ahalya Chalasanil
Inverted duty structure in exports – Perplexity in refund · 2019-01-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/inverted-duty-structure-in-exports-perplexity-in-refund · By Chaitanya R. Bhatt
Treatment of value of moulds & tools in GST regime · 2019-01-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/treatment-of-value-of-moulds-tools-in-gst-regime · By Astha Sinha
Liabilities of an intermediary – The Indian perspective · 2019-01-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/liabilities-of-an-intermediary-the-indian-perspective · By R. Parthasarathy
Rule 22 and jurisprudence: Duty margins for new shippers in case of sampling in original investigation · 2018-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rule-22-and-jurisprudence-duty-margins-for-new-shippers-in-case-of-sampling-in-original-investigation · By Greetika Francis Rule
Regularization of non-compliance with the Biological Diversity Act, 2002 · 2018-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/regularization-of-non-compliance-with-the-biological-diversity-act-2002 · By Dr. Deepti Malhotra
Conversion of company to LLP - Capital gains tax implications · 2018-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/conversion-of-company-to-llp-capital-gains-tax-implications · By Prerana Priyanshu
Denial of ITC for non-possession of e-way bill - An unfounded proposition · 2018-12-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/denial-of-itc-for-non-possession-of-e-way-bill-an-unfounded-proposition · By Nirav Sanjay Karia, Nirav S. Karia
Liaison office in India – The GST connection · 2018-12-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/liaison-office-in-india-the-gst-connection · By Nirali Akhani
Adding teeth to the corruption law in India · 2018-12-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/adding-teeth-to-the-corruption-law-in-india · By Akshita Alok In February
Dawn of the regulatory regime for Over-The-Top services · 2018-12-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dawn-of-the-regulatory-regime-for-over-the-top-services · By Prashant Phillips
Reversal of credit on write-off under GST – Open issues · 2018-11-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/reversal-of-credit-on-write-off-under-gst-open-issues · By Nirav Sanjay Karia, Nirav S. Karia
Virtual Currency: State of pandemonium continues · 2018-11-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/virtual-currency-state-of-pandemonium-continues · By Neeraj Dubey
Indonesia - Iron or Steel Safeguards: Metallurgic jurisprudence on definition of a "Safeguard Measure" · 2018-11-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/indonesia-iron-or-steel-safeguards-metallurgic-jurisprudence-on-definition-of-a-safeguard-measure · By Bhargav Mansatta
Scope of Section 3(i): An analysis on diagnostic methods of treatment · 2018-11-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/scope-of-section-3-i-an-analysis-on-diagnostic-methods-of-treatment · By Dr. Deepti Malhotra
Cybercrime: An Impending Threat in this Tech Savvy World · 2018-11-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cybercrime-an-impending-threat-in-this-tech-savvy-world · By Mathivanan N.
Respite for Indian domestic industry - Negative final findings of designated authority appealable · 2018-10-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/respite-for-indian-domestic-industry-negative-final-findings-of-designated-authority-appealable · In an anti-dumping investigation, the Designated Authority may or may not recommend imposition of anti-dumping duties and where such recommendation is “positive”, the Ministry of Finance makes a policy decision regarding the same and issues customs notification where duty is to be imposed.
TDS under GST law - Certain issues · 2018-10-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tds-under-gst-law-certain-issues · Ever since Goods and Service Tax (GST) has been implemented, it has really kept the taxman as well as the implementers along with the taxpayers on their toes.
Cross border Insolvency – An analysis of the draft chapter · 2018-10-12 · Insolvency · https://www.lkslaw.com/insights/articles/cross-border-insolvencyan-analysis-of-the-draft-chapter · In the last few years, India’s banking sector has been fraught with an alarming number of non-performing assets. To this end, the Insolvency and Bankruptcy Code of 2016 (Code) strives to resolve the problem by allowing creditors to recover their dues and appropriately deal with loan defaulters. Akin to insolvency, its cross-border variant is one where the insolvent debtor has assets in more than one jurisdiction.
Data Principal and Data Fiduciary in the Personal Data Protection Bill · 2018-10-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/data-principal-and-data-fiduciary-in-the-personal-data-protection-bill-2018 · The Chilean Constitution was amended on 16th June, 2018 to establish that protection of personal data is a constitutional right. Prior to this, other Latin American countries like Colombia, Mexico and Ecuador have already included the right to protection of personal data
Supreme court ruling in Arcelor Mittal case - An analysis · 2018-10-12 · Insolvency · https://www.lkslaw.com/insights/articles/supreme-court-ruling-in-arcelormittal-casean-analysis · The Supreme Court on 4-10-2018 allowed yet another opportunity to mining major ArcelorMittal and Russia’s VTB Capital-backed NuMetal to bid for Essar Steel provided they clear their Non-Performing Asset (NPA) dues in two weeks. The bench comprising Justice R. F. Nariman and Justice Indu Malhotra, has also taken this opportunity to interpret and clarify Section 29A of the Insolvency and Bankruptcy Code, 2016. However, the Essar saga is far from over.
Foreign filing license - Some issues · 2018-10-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/foreign-filing-license-some-issues · Any person (inventor or applicant) who is an Indian resident, may wish to file a patent application (an application) in foreign countries due to various reasons, such as market potential, licensing opportunities, or other business policies. In such cases, the person may choose to either first file the application in India or obtain a foreign filing permission from the Indian Patent Office.
White Paper on Data Protection and Privacy · 2018-10-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/white-paper-on-data-protection-and-privacy
Amalgamation action in concert for tax benefit · 2018-10-08 · Direct Tax · https://www.lkslaw.com/insights/articles/amalgamation-action-in-concert-for-tax-benefit · The High Court of Gujarat observed in Wood Polymer [ See End Note 1] "and the court would not lend its assistance to defeat public interest, namely, tax provision.” A recent order of National Company Law Tribunal (NCLT) refusing to accord sanction to amalgamation scheme has raised certain interesting yet important questions.
Amalgamation – Action in concert for tax benefit? · 2018-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/amalgamationactioninconcertfortaxbenefit
Has the clock stopped ticking? India’s export subsidies under the SCM Agreement · 2018-09-18 · Direct Tax · https://www.lkslaw.com/insights/articles/has-the-clock-stopped-ticking-india-export-subsidies-under-the-scm-agreement · The United States has upped the ante in its efforts to – what it perceives – rebalance its trade dynamic with other countries. This has inevitably led to a trade war between the United States and other major economies, particularly China.
Preparing for GST audit and annual returns · 2018-09-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/preparing-for-gst-audit-and-annual-returns · Goods & Services Tax (GST) is a self-assessment and trust-based system of taxation wherein the registered person himself assesses and deposits his tax liability without any interference of tax officers. Due to such nature of the tax system, various types of audit mechanism have been incorporated to ensure compliance with the provisions by verifying the correctness of declared turnover, taxes paid, refunds claimed and tax credit availed.
Pendency of objections to an arbitral award amounts to a dispute for the purposes of Section 9 of IBC · 2018-09-06 · Arbitration · https://www.lkslaw.com/insights/articles/pendency-of-objections-to-an-arbitral-award-amounts-to-a-dispute-for-the-purposes-of-section-9-of-ibc · Supreme Court had an occasion to decide whether the provisions of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) can be invoked in respect of an Operational Debt where an Arbitral Award has been passed in favour of the Operational Creditor in respect of such Operational Debt, but, the objections against the said Arbitral Award are pending under Section 34 of the Arbitration & Conciliation Act, 1996 (‘A&C Act’).
Section 29a of IBC - Impact and recent developments · 2018-09-06 · Insolvency · https://www.lkslaw.com/insights/articles/section-29a-of-ibc-impact-and-recent-developments · The Insolvency and Bankruptcy Code 2016 (‘Code’) aims for resolution of insolvency as opposed to liquidation. The law was framed with the intention to expedite and simplify the process of insolvency and bankruptcy proceedings in India ensuring fair negotiations between opposite parties and encouraging revival of the company by formulation of a resolution plan.
Standard Essential Patents - The Philips judgement and unanswered questions · 2018-08-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/standard-essential-patents-the-philips-judgement-and-unanswered-questions · Koninklijke Philips Electronics N.V. (Philips), being one of the first Standard Essential Patent holders to initiate SEP litigation in India, has secured a major victory in what is believed to be the first ever ‘post-trial’ judgment in an SEP litigation.
Deemed Associated Enterprises - Interplay between Sections 92A(1) and 92A(2) · 2018-08-27 · Direct Tax · https://www.lkslaw.com/insights/articles/deemed-associated-enterprises-interplay-between-sections-92a1-and-92a2 · Section 92 of the Income-tax Act, 1961 (‘the Act’) provides that any income arising from an international transaction shall be computed, having regard to the arm’s length price.
Anti circumvention investigation concerning glass fibre - Resolving inconsistencies in practice and interpretation · 2018-08-27 · Direct Tax · https://www.lkslaw.com/insights/articles/anti-circumvention-investigation-concerning-glass-fibre-resolving-inconsistencies-in-practice-and-interpretation · Circumvention of anti-dumping duty is one of the foremost challenges for investigating authorities. In spite of the absence of normative provisions concerning circumvention in the WTO’s Anti-Dumping Agreement, Member nations of the WTO have developed their own frameworks for dealing with anti-circumvention.
Refund of GST under inverted duty structure · 2018-08-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/refund-of-gst-under-inverted-duty-structure · Goods and Services Tax (GST) was launched in India on July 1, 2017 after for about a decade from the time it was first proposed.
A comparative analysis of legal remedies available to home buyers in India · 2018-08-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/a-comparative-analysis-of-legal-remedies-available-to-home-buyers-in-india · Prior to the enactment of the Real Estate (Regulation and Development) Act, 2016 (“RERA”), aggrieved home-buyers had the options of approaching the consumer courts [see End Note 1] or the civil courts to address their grievances. However,
India proposal to recognise cross border insolvency · 2018-08-13 · Insolvency · https://www.lkslaw.com/insights/articles/india-proposal-to-recognise-cross-border-insolvency · The Ministry of Corporate Affairs, Government of India has invited suggestions on a draft chapter on Cross Border Insolvency (Proposed Amendment) proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (IBC) by a public notice dated 20-6-2018 (Notice).
Panel report in Australia – Plain packaging: A “healthy” verdict · 2018-07-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/panel-report-in-australia-plain-packaging-a-healthy-verdict · By Jayant Raghu Ram
Extensive control of non-resident over Indian entity – A taxing relation!! · 2018-07-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/extensive-control-of-non-resident-over-indian-entitya-taxing-relation · By Prachi Goel
E-way bill system – Time to relax penal provisions · 2018-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/e-way-bill-system-time-to-relax-penal-provisions · By Nipun Arora
Goodwill and reputation of trademark in India - Worldwide prior use plays significant role · 2018-07-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/goodwill-and-reputation-of-trademark-in-india-worldwide-prior-use-plays-significant-role · A Single Judge of the Delhi High Court vide its Order dated May 31, 2018 in the case of H&M Hennes & Mauritz AB & ANR v.
Retention money - Is recognition as contract revenue sufficient to tax it early · 2018-06-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/retention-money-is-recognition-as-contract-revenue-sufficient-to-tax-it-early · By Bharathi Krishnaprasad
GST and amortization – An unceasing connection · 2018-06-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-and-amortization-an-unceasing-connection · In our previous article published in the 82nd issue of Tax Amicus in April 2018 (/insights/articles/relevance-of-amortization-for-valuation-under-gst-law), we highlighted the inconsistency arising out of a joint reading of Section 15(1) of the
Sunset reviews timeline for filing of applications and issuance of notification imposing anti dumping duty · 2018-06-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sunset-reviews-timeline-for-filing-of-applications-and-issuance-of-notification-imposing-anti-dumping-duty · Resolving an old and long-debated issue in anti-dumping investigations, the Division Bench of the Delhi High Court, delivered a judgment on 31 May, 2018 in Kumho Petrochemical Co. Ltd. v. The Designated Authority & Ors. [W.P. (C) 4886/2014].
Infringement or passing off in use of single colour as trademark · 2018-06-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/infringement-or-passing-off-in-use-of-single-colour-as-trademark · By Manoj Gupta, Prince Bharti
Understanding substituted performance under the Specific Relief Amendment Bill 2018 · 2018-06-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/understanding-substituted-performance-under-the-specific-relief-amendment-bill-2018 · India ranks at #164 in the world rankings for ‘enforcing contracts’ given by the World Bank, and at #100 in the same rankings for “ease of doing business”.
Understanding ‘Substituted Performance’ under the Specific Relief (Amendment) Bill, 2018 · 2018-06-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/understanding-substituted-performance-under-specific-relief-amendment-bill-2018 · By Akshita Alok
Understanding Indias wto challenge to united states additional import tariffs on steel and aluminium articles · 2018-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/understanding-indias-wto-challenge-to-united-states-additional-import-tariffs-on-steel-and-aluminium-articles · When countries join the WTO, they sign-up to bring transparency, predictability and stability to import tariffs on various goods among many other commitments. It is felt necessary to agree to tariff bindings.
Advance Rulings under GST – Certain questions of law · 2018-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/advance-rulings-under-gstcertain-questions-of-law
Vacancy allowance to real estate developers relief from tax for what may not be taxed · 2018-05-10 · Direct Tax · https://www.lkslaw.com/insights/articles/vacancy-allowance-to-real-estate-developers-relief-from-tax-for-what-may-not-be-taxed · Finance Act, 2017 amended [see End Note 1] the Income-tax Act, 1961 (‘IT Act’) to provide that the annual value of building or land appurtenant thereto which is held by the assessee as stock-in trade will be deemed to be Nil for a period of one year from the end of the financial year in which the ce
Making specific performance the rule; not the exception · 2018-05-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/making-specific-performance-the-rule-not-the-exception · By Akshita Alok
Trends in applying Section 124 after ‘Patel Field Marshal’ judgement · 2018-04-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trends-in-applying-section-124-after-patel-field-marshal-judgement · By Sudarshan Singh Shekhawat
US steel and aluminium tariffs and the WTO’s security exception: Unsecuring multilateral trade? · 2018-04-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/us-steel-and-aluminium-tariffs-and-the-wto-security-exception-unsecuring-multilateral-trade · By Jayant Raghu Ram
Taxation of independent personal Service- Can legal form of entity alter right to tax income? · 2018-04-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/taxation-of-independent-personal-service-can-legal-form-of-entity-alter-right-to-tax-income
Relevance of amortization for valuation under GST law · 2018-04-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/relevance-of-amortization-for-valuation-under-gst-law · By Brijesh Kothary, Nikhil Agarwal
Trading in virtual currencies an analysis under foreign exchange laws of India · 2018-04-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trading-in-virtual-currencies-an-analysis-under-foreign-exchange-laws-of-india · The cryptocurrencies or virtual currencies (“VC”) [see Endnote 1] can be defined as a type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.
Cross border Mergers- Analysis of FEMA provisions · 2018-04-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cross-border-mergers-analysis-of-fema-provisions · On 13th April 2017, the Ministry of Corporate Affairs (MCA) notified Section 234 of the Companies Act, 2013 and inserted a new Rule 25A (merger or amalgamation of a Foreign Company with Indian company and vice-versa) in the Companies (Compromises, Arrangements and Amalgamations) Rules,
DGAD introduces new requirements for user industry · 2018-03-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dgad-introduces-new-requirements-for-user-industry
Deduction of tax at source on reimbursements - An unsettled debate! · 2018-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/deduction-of-tax-at-source-on-reimbursements-an-unsettled-debate
No Copyright in the Title of a Cinematographic Film · 2018-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/no-copyright-in-the-title-of-a-cinematographic-film · By Aditya Kaushik
Intra-State supplies v. Inter-State supplies under GST law · 2018-03-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/intra-state-supplies-inter-state-supplies-under-gst-law · While levying tax on various supplies of goods or services, it becomes pertinent to decide whether supplies shall be treated as intra-State supplies or inter-State supplies.
Companies amendment Act · 2018-03-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/companies-amendment-act-2017-an-analysis · The Central Government has notified Companies (Amendment) Act, 2017 (“Amendment Act”) on January 3, 2018 that was passed by the Parliament in its winter session [see End Note 1]. The Companies Act (Amendment) Bill, 2016 (“Bill”) was first introduced in the lower house of Parliament in March, 2016.
Taxing compensation receipts – Whittling away the relief? · 2018-02-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/taxing-compensation-receipts-whittling-away-the-relief
Protection of designs vis-à-vis newness and originality · 2018-02-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/protection-of-designs-vis-vis-newness-and-originality · By Godhuli Nanda
Legal metrology - New labelling rules could agitate businesses · 2018-02-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/legal-metrology-new-labelling-rules-could-agitate-businesses · By Ekansh Agrawal
E-way bill provisions and valuation of goods · 2018-02-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/e-way-bill-provisions-and-valuation-of-goods · By Tushar Mittal
The insolvency and bankruptcy code amendment act 2018 analysis of the key changes · 2018-02-05 · Insolvency · https://www.lkslaw.com/insights/articles/the-insolvency-and-bankruptcy-code-amendment-act-2018-analysis-of-the-key-changes · The Insolvency & Bankruptcy Code, 2016 (the “Code”) consolidated the archaic insolvency laws, provided a consolidated legislation and revolutionised the insolvency regime in India.
Sunset Reviews: Whether mandatory · 2018-01-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sunset-reviews-whether-mandatory · By Darpan Bhuyan
Why tax liquidated damages? · 2018-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/why-tax-liquidated-damages
Non-compete fee received from former employer - The argument of capital receipt · 2018-01-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/non-compete-fee-received-from-former-employer-the-argument-of-capital-receipt · By Sumitha Krishnan
Rights of author in literary work and producer of cinematograph film - Scope in context of “dubbing” and “remake” · 2018-01-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rights-of-author-in-literary-work-and-producer-of-cinematograph-film-scope-in-context-of-dubbing-and-remake · By Vindhya Srinivasamani
Aiming greater transparency on sale of packaged commodity online · 2018-01-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/aiming-greater-transparency-on-sale-of-packaged-commodity-online · By Rohit Subramanian
Condonation of Delay Scheme, 2018 · 2018-01-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/condonation-of-delay-scheme-2018 · By Pulkit Chaturvedi
DGAD sets straight the procedures regarding Sunset Reviews · 2018-01-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dgad-sets-straight-the-procedures-regarding-sunset-reviews
Treatment of vouchers under GST law · 2017-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/treatment-of-vouchers-under-gst-law · By Devanu Roy Choudhury
Scope of Section 3(h) of the Patents Act, 1970 - An analysis · 2017-12-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/scope-of-section-3h-of-the-patents-act-970-an-analysis · By Prosenjit Chattopadhyay, Shravan S. Acharya
Guarantee Fee – No interest on lending credit-worthiness · 2017-12-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/guarantee-fee-no-interest-on-lending-credit-worthiness
Luck Factor - An analysis of changes in Gaming Law · 2017-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/luck-factor-an-analysis-of-changes-in-gaming-law · By Aparajitha Narayanan
Refund of accumulated input tax credit – Certain unresolved issues · 2017-11-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/refund-of-accumulated-input-tax-creditcertain-unresolved-issues · By Nirali Akhani
Section 59 of the Patents Act, 1970 – Scope of amendments · 2017-11-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/section-59-of-the-patents-act-1970scope-of-amendments
Section 40(a)(ii) and taxes paid abroad - A discussion · 2017-11-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/section-40aii-and-taxes-paid-abroad-a-discussion · By Gayatri Sridharan
The upcoming WTO Ministerial Conference: What to expect for India · 2017-11-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-upcoming-wto-ministerial-conference-what-to-expect-for-india · By Edouard Descotis
Restriction on number of layers on companies · 2017-11-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/restriction-on-number-of-layers-on-companies · By Pulkit Chaturvedi
Key changes in 2017 FDI Policy for single brand retail trading sector · 2017-11-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/key-changes-in-2017-fdi-policy-for-single-brand-retail-trading-sector · By Rohan Singh
Ocean Freight under GST – A Sea Change · 2017-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/ocean-freight-under-gst-a-sea-change · By R. Sahana, S. Rahul Jain
Supply by an SEZ Unit - Controversy in levy and collection · 2017-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/supply-by-an-sez-unit-controversy-in-levy-and-collection · By Nitum Jain
Kymriah®, a revolutionary drug to induce treatment remission in recalcitrant cancers · 2017-10-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/kymriah-a-revolutionary-drug-to-induce-treatment-remission-in-recalcitrant-cancers · By Malathi Lakshmikumaran
‘Interest’ draws interest in tax treaty interpretation · 2017-10-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/interest-draws-interest-in-tax-treaty-interpretation · By Bharathi Krishnaprasad, Sumitha Krishnan
Connotation of term “Country of Export” in Anti-Dumping Duty Notification · 2017-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/connotation-of-term-country-of-export-in-anti-dumping-duty-notification · By Aayush Singla
Overriding effect of Insolvency and Bankruptcy Code · 2017-10-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/overriding-effect-of-insolvency-and-bankruptcy-code · By Aparajitha Narayanan
Groundless infringement threats · 2017-09-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/groundless-infringement-threats
Inventory valuation caught in the web of ICDS, IndAS and settled jurisprudence! · 2017-09-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/inventory-valuation-caught-in-the-web-of-icds-indas-and-settled-jurisprudence
Classification of leasing services – An expanding quandary · 2017-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/classification-of-leasing-services-an-expanding-quandary · By Garima Srivastava
Code on Wages 2017 an analysis · 2017-09-04 · Employment Law · https://www.lkslaw.com/insights/articles/code-on-wages-2017-an-analysis · The labour law domain in India is a reaffirmation of India’s colonial past and industrial revolution. While current labour legislations have been significantly tailored to suit the unique conditions of the Indian industry and labour force,
Final Findings in anti-circumvention investigation concerning Cold Rolled Flat Products of Stainless Steel – An analysis · 2017-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/final-findings-in-anti-circumvention-investigation-concerning-cold-rolled-flat-products-of-stainless-steel-an-analysis · By Garima Prakash
Limitation of Benefits clause in the India Singapore DTAA - An analysis of recent decisions · 2017-08-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/limitation-of-benefits-clause-in-the-india-singapore-dtaa-an-analysis-of-recent-decisions · By Gayatri Sridharan
Patent refusal for Enzalutamide: An overview · 2017-08-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/patent-refusal-for-enzalutamide-an-verview · By Prosenjit Chattopadhyay, Archana Viswanathan
Mega merger in insurance on hold – A closer look · 2017-08-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/mega-merger-in-insurance-on-hold-a-closer-look · The complexity surrounding transactions in relation to mergers and acquisitions can never be underscored. Such transactions undergo a prodigious milieu, which involves discussions, proposals, negotiations and most importantly, regulatory approvals.
Authority for Advance Rulings under GST · 2017-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/authority-for-advance-rulings-under-gst · By Raghavan Ramabadran, Krithika Jaganathan
Compliance with recommendations and rulings of the DSB by the EU in trade remedy cases · 2017-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/compliance-with-recommendations-and-rulings-of-the-dsb-by-the-eu-in-trade-remedy-cases
Taxation of foreign companies regarded as ‘resident’ in India · 2017-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/taxation-of-foreign-companies-regarded-as-resident-in-india · By S. Sriram
Guidelines for patentability of computer related inventions – Is this the final chapter? · 2017-07-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/guidelines-for-patentability-of-computer-related-inventions-is-this-the-final-chapter · By Prashant Phillips
Disputing a dispute under Insolvency and Bankruptcy Code, 2016 · 2017-07-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/disputing-a-dispute-under-insolvency-and-bankruptcy-code-2016 · By Arun Mohanty
GST - Old order changeth yielding place to new · 2017-06-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-old-order-changeth-yielding-place-to-new
India-EU free trade agreement: State of play and way forward · 2017-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/india-eu-free-trade-agreement-state-of-play-and-way-forward · By Edouard Descotis
Business expenses of pharma companies – A regulatory hurdle · 2017-06-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/business-expenses-of-pharma-companies-a-regulatory-hurdle
Virtual patent marking and deemed notice · 2017-06-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/virtual-patent-marking-and-deemed-notice · By Sudarshan Singh Shekhawat
Recent Rulings on ‘Offer Period’ under Takeover Regulations · 2017-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/recent-rulings-on-offer-period-under-takeover-regulations · By Anu Chowdhry
Disallowance for non-deduction of TDS - Supreme Court interprets ’amount payable’ · 2017-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/disallowance-for-non-deduction-of-tds-supreme-court-interprets-amount-payable · By Gayatri Sridharan
GST liability on transfer/disposal of assets in lieu of tax liability · 2017-05-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-liability-on-transfer-disposal-of-assets-in-lieu-of-tax-liability · By Manoj Gupta · European Union’s Court of Justice has recently (on 11 th May, 2017) held that transfer of tangible property to the State Treasury in settlement of arrears of taxes constituting State Budget revenues i
Confidentiality in anti-dumping investigations: Supreme Court interprets Rule 7 · 2017-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/confidentiality-in-anti-dumping-investigations-supreme-court-interprets-rule-7
No copyright protection in drawings used on large scale without design registration · 2017-05-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/no-copyright-protectio-in-drawings-used-on-large-scale-without-design-registration · By Aditya Kaushik
Cross-border merger provisions notified · 2017-05-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cross-border-merger-provisions-notified
Dawn of future watchdog for foreign investment in India · 2017-05-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dawn-of-future-watchdog-for-foreign-investment-in-india · By Sreya Bhar, Barnik Ghosh
Applicability of GST on GTA · 2017-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/applicability-of-gst-on-gta · By Ekansh Agrawal
GAAR – An Indian-Asian Narrative · 2017-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gaar-an-indian-asian-narrative
E-Way Bill – Taking GST on digital highway · 2017-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/e-way-bill-taking-gst-on-digital-highway · By Krithika Jaganathan
Assessing ‘Likelihood of Misrepresentation’ in matters of passing off · 2017-04-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/assessing-likelihood-of-misrepresentation-in-matters-of-passing-off · By Vindhya Srinivasamani
Brexit: Invalidation of existing trade remedy measures in the EU · 2017-04-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/brexit-invalidation-of-existing-trade-remedy-measures-in-the-eu
E-Waste (Management) Rules, 2016 – Highlights · 2017-04-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/e-waste-management-rules-2016-highlights · By Sudeep Deshmukh
Scope of ‘Any other person’ under Companies Act, 2013 · 2017-04-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/scope-of-any-other-person-under-companies-act-2013
Finance Bill, 2017 – A look at further amendments · 2017-03-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/finance-bill-2017-a-look-at-further-amendments
Design infringement - Liability of intermediary & Information Technology Act · 2017-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/design-infringement-liability-of-intermediary-and-information-technology-act · By Godhuli Nanda
GST - Credit entitlement on free samples · 2017-03-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-credit-entitlement-on-free-samples · By Ekansh Agrawal
Invoicing under GST · 2017-03-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/invoicing-under-gst · By Gagan Gugnani
AD investigations – Rate of duty for non-cooperating exporters · 2017-03-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/ad-investigations-rate-of-duty-for-non-cooperating-exporters
Winding uplegal position under Companies Act 2013 vis a vis Insolvency and Bankruptcy Code 2016 · 2017-03-03 · Insolvency · https://www.lkslaw.com/insights/articles/winding-uplegal-position-under-companies-act-2013-vis-vis-insolvency-and-bankruptcy-code-2016 · Prior to November 15, 2016, the term “winding-up” was neither defined under the Companies Act, 1956 (“1956 Act”) nor under the Companies Act, 2013 (“2013 Act”).
Transfer of title without registration - Finance Bill 2017 addresses the dilemma · 2017-02-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/transfer-of-title-without-registration-finance-bill-2017-addresses-the-dilemma · By Gayatri Sridharan
Trademarks - Well-known mark associated solely with the proprietor · 2017-02-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trademarks-well-known-mark-associated-solely-with-the-proprietor · By Tulika Pandey
Preparing for transition to GST · 2017-02-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/preparing-for-transition-to-gst · By Hitesh Arora
Implications of facilitating trade — India and the Trade Facilitation Agreement · 2017-02-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/implications-of-facilitating-tradeindia-and-the-trade-facilitation-agreement · By Greetika Francis
Stamp duty issues in slump sale transactions · 2017-02-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/stamp-duty-issues-in-slump-sale-transactions · Slump sale is a commonly used method of business acquisition wherein an undertaking as a “going concern”is transferred from one entity to another. The term ‘slump sale’ incorporated under the Income Tax Act, 1961 [See End Note 1] (“IT Act”) has been defined to constitute the following elements:
World famous or not-Trans-border reputation in trade marks · 2017-01-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/world-famous-or-not-trans-border-reputation-in-trade-marks · By Kumudavalli Seetharaman
TDS on sea freight – Good times for time charter ? · 2017-01-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tds-on-sea-freightgood-times-for-time-charter
EU-Biodiesel: “Input Costs” in Constructed Normal Value · 2017-01-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/eu-biodiesel-input-costs-in-constructed-normal-value · By Greetika Francis
Challenges in availment of Input Tax Credit under GST · 2017-01-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/challenges-in-availment-of-input-tax-credit-under-gst · By Gagan Gugnani
Inter-State supplies under Model IGST Law – Treatment of FOR & Ex-works supplies · 2017-01-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/inter-state-supplies-under-model-igst-law-treatment-of-for-and-ex-works-supplies · By Sonal Singh
Mergers & Acquisitions provisions notified in Companies Act · 2017-01-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/mergers-and-acquisitions-provisions-notified-in-companies-act · By Kanika Shukla, Vidhi Aggarwal
Benami Transactions (Prohibition) Act - A Study in Comparison · 2017-01-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/benami-transactions-prohibition-act-a-study-in-comparison · By Sreya Bhar, Barnik Ghosh
Customs valuation and transfer pricing – different valuations for the same transaction ? · 2016-12-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/customs-valuation-and-transfer-pricing-different-valuations-for-the-same-transaction · By S. Sriram, Sriram.S
Secrecy directions in designs · 2016-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/secrecy-directions-in-designs · By Dr. Gaurav Gupta
Anti-Profiteering measure and price control mechanism under GST · 2016-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/anti-profiteering-measure-and-price-control-mechanism-under-gst · By Brijesh Kothary
Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal · 2016-12-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/treatment-of-china-in-anti-dumping-investigation-after-11-december-2016the-eu-proposal · By Edouard Descotis
Stamp duty payable on scheme of Amalgamation · 2016-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/stamp-duty-payable-on-scheme-of-amalgamation · By Prashanth Shivadass
Implication of amalgamation on assessment proceedings · 2016-11-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/implication-of-amalgamation-on-assessment-proceedings
Doctrine of lifting of corporate veil in trademark law · 2016-11-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/doctrine-of-lifting-of-corporate-veil-in-trademark-law · By Rishika Sharath
Input Tax Credit under GST regime – Make it seamless · 2016-11-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/input-tax-credit-under-gst-regime-make-it-seamless
Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy · 2016-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/alignment-of-period-of-investigation-in-ad-and-cvd-investigations-to-avoid-double-remedy · By Aman
Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper · 2016-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-governance-issues-in-compensation-arrangements-analysis-of-sebi-consultative-paper · By Prarthana Baranwal
GST – A look at certain grey areas in transition provisions · 2016-10-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-a-look-at-certain-grey-areas-in-transition-provisions · By Geetika Srivastava
Do taxes cloud the novelty of SARs? · 2016-10-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/do-taxes-cloud-the-novelty-of-sars · By Bharathi Krishnaprasad
Trade-dress Infringement - It’s all about the looks · 2016-10-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trade-dress-infringement-it-all-about-the-looks · By Kumudavalli Seetharaman
Targeted dumping - An examination · 2016-10-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/targeted-dumping-an-examination · Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping.
A primer on e-commerce business and related laws in India · 2016-09-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/a-primer-on-e-commerce-business-and-related-laws-in-india · By Venkata Raghavan
GST – A look at draft rules on registration and invoices · 2016-09-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-a-look-at-draft-rules-on-registration-and-invoices
Spending less than ALP can also have adverse implication · 2016-09-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/spending-less-than-alp-can-also-have-adverse-implication
Internet broadcasting companies to come within the ambit of statutory licensing · 2016-09-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/internet-broadcasting-companies-to-come-within-the-ambit-of-statutory-licensing · By Venkata Raghavan
Application of lesser duty rule in anti-dumping investigations · 2016-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/application-of-lesser-duty-rule-in-anti-dumping-investigations · By Edouard Descotis · The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports th
Real Estate Regulation and Development Act 2016 - A comment · 2016-08-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/real-estate-regulation-and-development-act-2016-a-comment · The land-population disparity heralded great demand in the real estate sector in India. This demand clubbed with the dearth of a proper vigilance mechanism ramified the real estate sector into a money minting ground.
Tax bonanza for Telecom companies? · 2016-08-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tax-bonanza-for-telecom-companies
Controller overreach or common sense? - A tale of Section 83 of the Patents Act · 2016-08-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/controller-overreach-or-common-sense-a-tale-of-section-83-of-the-patents-act · By Dr. Amitavo Mitra
GST – Designing a compliance friendly regime · 2016-08-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-designing-a-compliance-friendly-regime · By Iype Mathew
Causal Link Analysis: An Examination · 2016-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/causal-link-analysis-an-examination · By Prianka Mohan
Light at the end of the tunnel for Computer-Related Inventions? · 2016-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/light-at-the-end-of-the-tunnel-for-computer-related-inventions · By Mukundan Chakrapani
New Foreign Tax Credit Rules – certain grey areas · 2016-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/new-foreign-tax-credit-rules-certain-grey-areas · By Lakshmi Pavan
Corporate Insolvency Procedure – A Comment · 2016-07-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/corporate-insolvency-procedure-a-comment · By Anup Koushik Karavadi
GST – Ensuring credit without artificial fetters · 2016-07-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-ensuring-credit-without-artificial-fetters
Impact of the Brexit on trade · 2016-07-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/impact-of-the-brexit-on-trade · By Edouard Descotis
Alternative Remedy for Imported Coal Price Escalation · 2016-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/alternative-remedy-for-imported-coal-price-escalation
GST – A turning point for India · 2016-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-a-turning-point-for-india-analysis · By Iype Mathew
Electronic transfers into an NRE account – Income received in India? · 2016-06-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/electronic-transfers-into-an-nre-account-income-received-in-india · By Gayatri Sridharan
A Practical Approach to Fulfilling Section 8 Requirements · 2016-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/a-practical-approach-to-fulfilling-section-8-requirements · By Mukundan Chakrapani
EU trade defence instruments at a deadlock? · 2016-06-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/eu-trade-defence-instruments-at-a-deadlock · By Edouard Descotis
Amalgamation distinction between an instrument and instrument amounting to conveyance · 2016-05-31 · (no practice area listed) · https://www.lkslaw.com/insights/articles/amalgamation-distinction-between-an-instrument-and-instrument-amounting-to-conveyance · In its recent judgment in Chief Controlling Revenue Authority v. Reliance Industries Ltd., Bombay High Court has taken the view that stamp duty is payable on a High Court (‘HC’) order sanctioning a scheme of merger/reconstruction (‘scheme’), as an instrument of ‘conveyance’.
India-Mauritius Treaty – The long awaited overhaul and its underlying consequences · 2016-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/india-mauritius-treaty-the-long-awaited-overhaul-and-its-underlying-consequences · By S. Sriram
Ambiguous standard for examination of CRIs · 2016-05-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/ambiguous-standard-for-examination-of-cris · By Ankur Garg, Anurit Banerjee
Demand of interest due to price revision – An analysis · 2016-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/demand-of-interest-due-to-price-revision-an-analysis · By Victor Das
China: NME or ME? · 2016-05-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/china-nme-or-me · By Greetika Francis
SEBI’s Bright Line Tests for ‘Control’ - An Analysis · 2016-04-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sebi-bright-line-tests-for-control-an-analysis · By Prarthna Baranwal
Product by process claims - A perspective · 2016-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/product-by-process-claims-a-perspective · By Archana Viswanathan, Sribindhu Chivukala
The Income Declaration Scheme, 2016 - An analysis · 2016-04-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-income-declaration-scheme-2016-an-analysis · By Lakshmi Pavan
Refund – No recovery through SCN without review of refund order · 2016-04-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/refund-no-recovery-through-scn-without-review-of-refund-order · By Sweta Giridar
‘Ease of doing business’ – A look at certain key Customs rulings · 2016-04-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/ease-of-doing-business-a-look-at-certain-key-customs-rulings · By Manoj Gupta
Monitoring of steel imports in USA – Consistency under WTO Laws · 2016-04-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/monitoring-of-steel-imports-in-usa-consistency-under-wto-laws · By Aman
Underreporting and misreporting of income - Proposed penalty regime · 2016-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/dissection-of-proposed-penalty-regime-underreporting-and-misreporting-of-income
Union Budget, 2016 – An analysis of certain changes in Central Excise · 2016-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/union-budget-2016-an-analysis-of-certain-changes-in-central-excise · By Victor Das
TN VAT Act – A look at the recent amendments · 2016-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tn-vat-act-a-look-at-the-recent-amendments · By Varun Chablani
Commercial Courts · 2016-03-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/commercial-courts-commercial-division-commercial-appellate-division · The justice delivery system of our country can be excruciatingly slow. In commercial disputes, time is of the essence and delays can derail the entire remedy and relief and undermines business confidence in Indians as well as those interested in investing in India.
Stay of proceedings in an infringement suit and challenging validity of a registered trademark · 2016-03-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/stay-of-proceedings-in-an-infringement-suit-and-challenging-validity-of-a-registered-trademark · By Nupur Kumar
RTI Act & disclosure of information in anti-dumping investigations · 2016-03-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rti-act-disclosure-of-information-in-anti-dumping-investigations · By T.D. Satish
Conciliation for settling family disputes · 2016-02-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/conciliation-for-settling-family-disputes · By Barnik Ghosh
Artificial computation provisions – Unintended cross roads with anti-avoidance rules · 2016-02-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/artificial-computation-provisions-unintended-cross-roads-with-anti-avoidance-rules · By S. Sriram
Obviousness - Different standards for Opposition and Revocation? · 2016-02-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/obviousness-different-standards-for-opposition-and-revocation · By Sudarshan Singh Shekhawat
Determining character of ‘manufacture’ · 2016-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/determining-character-of-manufacture · By Shashwat
Start-up India plan: accelerating start-up movement · 2016-02-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/startupindia-plan-accelerating-start-up-movement
Market economy status to China – Debate continues · 2016-02-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/market-economy-status-to-china-debate-continues · By Elaine Tan
The curious case of patent infringement CTR v. Sergi · 2016-01-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-curious-case-of-patent-infringement-ctr-sergi · By Vindhya Srinivasamani
Wishlist 2016 for Real Estate Sector in India · 2016-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/wishlist-2016-for-real-estate-sector-in-india · By Kritika Krishnamurthy
Draft guidelines for determination of PoEM - A incongruous note to an intended harmonious provision? · 2016-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/draft-guidelines-for-determination-of-poem-a-incongruous-note-to-an-intended-harmonious-provision
‘Place of removal’ – The debate continues · 2016-01-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/place-of-removal-the-debate-continues · By Vipul Agrawal
Initiation of investigation: Issue of cumulation · 2016-01-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/initiation-of-investigation-issue-of-cumulation · By Atul Gupta
Arbitration Ordinance, 2015 – ‘Public Policy’ defined · 2015-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/arbitration-ordinance-2015-public-policy-defined · By Anup Koushik Karavadi
Resolving disputes the ‘Ordinance’ way · 2015-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/resolving-disputes-the-ordinance-way · By Barnik Ghosh
Divided on divisional patents · 2015-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/divided-on-divisional-patents · By Rohini Dutta
Swachh Bharat Cess – Certain issues · 2015-12-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/swachh-bharat-cess-certain-issues · By Yogendra Aldak, Sharanya Mishra
Situs of IP for taxing rights · 2015-12-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/situs-of-ip-for-taxing-rights · By Lakshmi Pavan
Countervailing duty laws in India · 2015-12-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/countervailing-duty-laws-in-india · By Radhika Sharma
Slogans - An issue of descriptiveness · 2015-11-27 · (no practice area listed) · https://www.lkslaw.com/insights/articles/slogans-an-issue-of-descriptiveness · By Sheetal Vohra, Nupur Kumar, Tulika Pandey
Environment Laws (Amendment) Bill, 2015: A Sisyphean Challenge · 2015-11-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/environment-laws-amendment-bill-2015-a-sisyphean-challenge
Section 197 certificate is not proving to be good enough? · 2015-11-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/section-197-certificate-is-not-proving-to-be-good-enough
Valuation of composite goods under VAT laws · 2015-11-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/valuation-of-composite-goods-under-vat-laws · By Aayush Singla · By Aayush Singla In the case of State of Punjab v. Nokia India Pvt Ltd (2014-VIL-23-SC), the Supreme Court held that battery charger of a cell phone is not a composite part of the cell phone but only
Date of expiry of definitive anti-dumping duty · 2015-11-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/date-of-expiry-of-definitive-anti-dumping-duty · By Atul Gupta
Month-end Provisions and Reversal – Is TDS called for? · 2015-10-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/month-end-provisions-and-reversal-is-tds-called-for · By Rajat Juneja
Legitimacy of levy of seigniorage fee on consumers · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/legitimacy-of-levy-of-seigniorage-fee-on-consumers · This article deals with the validity of the levy of seigniorage fee on the consumer/user and the ambiguity in the calculation of the same.
Skill versus chance - A saga of online gaming · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/skill-versus-chance-a-saga-of-online-gaming · By Sreya Bhar
Delhi High Court grants permanent injunction in case of Sitagliptin · 2015-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/delhi-high-court-grants-permanent-injunction-in-case-of-sitagliptin · Nearly three years after Merck (patentee) initiated an infringement action over its patented diabetics drug sitagliptin (Indian Patent 209816, sold under the brand names Januvia and Janumet), the Delhi
Does GST continue with distortions of existing tax structure? · 2015-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/does-gst-continue-with-distortions-of-existing-tax-structure
Consistency between Indian Domestic Law and WTO: ADA to be maintained · 2015-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/consistency-between-indian-domestic-law-and-wto-ada-to-be-maintained · By Atul Gupta
Consortium contracts with Government – Legal status · 2015-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/consortium-contracts-with-government-legal-status
Software inventions examining patentability · 2015-09-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/software-inventions-examining-patentability · The Indian Patent Office recently released the final version of the Guidelines for Examination of Computer Related Inventions.
Plastics – To ban or not to ban, is the question! · 2015-09-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/plastics-to-ban-or-not-to-ban-is-the-question
The Rule 6 conundrum – Whether ‘Total’ Cenvat credit to be considered for reversal formula? · 2015-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-rule-6-conundrum-whether-total-cenvat-credit-to-be-considered-for-reversal-formula · By Nalin Bajaj
Enhancing effectiveness of enforcement – Retreading trade remedy law · 2015-09-10 · (no practice area listed) · https://www.lkslaw.com/insights/articles/enhancing-effectiveness-of-enforcement-retreading-trade-remedy-law · By Manoj Gupta
Jurisprudence of international tax law · 2015-08-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/jurisprudence-of-international-tax-law · By Varun Chablani, Sumitha Krishnan
Refund of excess customs duty paid under self-assessment system · 2015-08-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/refund-of-excess-customs-duty-paid-under-self-assessment-system · By Atish Laddha
‘Make in India’ meets the Biological Diversity Act · 2015-08-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/make-in-india-meets-the-biological-diversity-act · ‘Make in India’ is a flagship, nation-wide initiative of the Government of India launched in September 2014.
Letter and Spirit of the Law · 2015-08-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/letter-and-spirit-of-the-law · By Vijaya Sampath
Transparency and confidentiality in AD investigation proceedings · 2015-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/transparency-and-confidentiality-in-ad-investigation-proceedings · By Atul Gupta
Engaging Contract Labour: The prerequisites and the pitfalls · 2015-08-03 · (no practice area listed) · https://www.lkslaw.com/insights/articles/engaging-contract-labour-the-prerequisites-and-the-pitfalls · Companies engage contract labour to keep the head count low and for the scalability and flexibility it provides in management of workforce. Though employment of contract labour in India has attracted debates, it has become a significant and growing form of employment,
Corporate Guarantee – Certainty in taxation not guaranteed! · 2015-07-27 · Direct Tax · https://www.lkslaw.com/insights/articles/corporate-guarantee-certainty-in-taxation-not-guaranteed · Affiliates of Multi National Enterprises (‘MNEs’), in the recent past, are moving more towards functioning independently from their parent, operational and financial.
Separation of rights under copyright and design laws · 2015-07-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/separation-of-rights-under-copyright-design-laws · Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts.
GST and centralized registration · 2015-07-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/gst-and-centralized-registration · Much has been said about the introduction of levy of additional 1% tax proposed under clause 18 of the Constitutional (122nd Amendment) Bill 2014, (duly passed in Lok Sabha and which is now placed before a special committee, pending for approval by the Rajya Sabha, and subsequently by 50% of State
Courting balance between investor and host state in ISDS · 2015-07-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/courting-balance-between-investor-and-host-state-in-isds · The India’s model BIT (Bilateral Investment Treaty) was criticised as moving away from investor protection and being unreal.
Resale price maintenance in e-commerce – CCI initiates investigation · 2015-06-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/resale-price-maintenance-in-e-commerce-cci-initiates-investigation
Comparative advertising - Acceptable competitive behaviour and law of disparagement · 2015-06-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/comparative-advertising-acceptable-competitive-behaviour-and-law-of-disparagement · Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1].
International Taxation – The Revenue Rule · 2015-06-18 · Direct Tax · https://www.lkslaw.com/insights/articles/the-revenue-rule-international-taxation · International law is generally considered as the law of the nations and therefore, the rules of international law have developed into a long standing custom that they are dutifully followed by the individual countries.
Industrial/ Institutional Consumers – the argument continues · 2015-06-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/industrial-institutional-consumers-the-argument-continues · By Shweta Kathuria The Department of Consumer Affairs (Legal Metrology Division) by notification dated 14-5-2015 amended the Legal Metrology (Packaged Commodities) Rules, 2011 (“PC Rules”). The PC Rules were framed to sa
Third party rights under WTO DSU - Ongoing reforms · 2015-06-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/third-party-rights-under-wto-dsu-ongoing-reforms · The WTO Dispute Settlement Understanding (DSU) is a central element in providing security and predictability to the multilateral trading system created under the WTO.
Application of res judicata in tax matters · 2015-05-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/application-of-res-judicata-in-tax-matters · <strong>B</strong><strong>y Amar Gahlot</strong><br /> &nbsp;<br /> <strong><em>Introduction</em></strong><br /> <br /> <em>Res Judicata</em> is the Latin term for &quot;a matter (already) judged&quot;, or &quot;a thing adjudicated&quot;. It means a case or suit already decided. It was recentl
Tackling Joint Ventures – Issues and Challenges · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/tackling-joint-ventures-issues-and-challenges · By Ronak Ajmera
Realizing the digital India dream · 2015-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/realizing-the-digital-india-dream · It has been an explosive opening quarter for investments in early stage ventures. The information technology sector alone has attracted a whopping US$612 million of the over US$1 billion reported investments from January to March, 2015.
Drawback of duties debited in freely transferable scrips issued under Chapter 3 of FTP · 2015-05-21 · Customs · https://www.lkslaw.com/insights/articles/drawback-of-duties-debited-in-freely-transferable-scrips · The Central Government has recently introduced the new Foreign Trade Policy 2015-20 (FTP) on with an aim to increase exports of merchandise and services from India from the current (F.Y. 2013-14) USD 465.9 billion to USD 900 billion by F.Y. 2019-20, and to raise India’s share in world exports from 2% to 3.5%.
Time limit in anti dumping reviews in India - Rule 23 analyzed · 2015-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/time-limit-in-anti-dumping-reviews-in-india-rule-23-analyzed · In the Indian context, the scheme of anti-dumping provisions under the Customs Tariff Act, 1975 (“the Act”) and the Anti-Dumping Rules (“AD Rules") [see end note 1] broadly divide the proceedings into two forms – original investigation and reviews.
CCI fines parties for gun jumping · 2015-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cci-fines-parties-for-gun-jumping · By Abir Roy
Compelling a non-resident to seek PAN: A vexed question · 2015-05-01 · Direct Tax · https://www.lkslaw.com/insights/articles/compelling-a-non-resident-to-seek-pan-a-vexed-question · With a view to enhance detection capabilities of the tax department and enforcing better compliance Section 206AA was inserted by Finance (No.2) Act, 2009 with effect from 01.04.2010.
Impact of International Treaty on Plant Genetic Resources for Food and Agriculture on Biological Diversity Act · 2015-04-28 · (no practice area listed) · https://www.lkslaw.com/insights/articles/impact-of-international-treaty-on-plant-genetic-resources-for-food-and-agriculture · The Biological Diversity Act, 2002 (“the Act”) [see end note 1], was passed pursuant to India’s commitment to United Nation Convention on Biological Diversity (“Convention”), which reaffirms the sovereign rights of the States over their biological resources.
How to train your dragon – Discretion in SEBI’s penalty orders · 2015-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/how-to-train-your-dragon-discretion-in-sebi-penalty-orders · By Uma Lohray
An economic perspective on environmental jurisprudence in India · 2015-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/an-economic-perspective-on-environmental-jurisprudence-in-india
Investor and (host) state protection - India proposes a new model for BIT · 2015-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/investor-and-state-protection-india-proposes-a-new-model-for-bit · Investor State Dispute Settlement (ISDS) mechanism which allows a foreign investor to sue sovereign states claiming compensation for loss of investment has been in focus for a number of reasons ranging from enormity of compensation awarded , use of multiple forums and almost endless litigation in enforcement of award to genuineness of claims and against regulatory laws .
Trading of goods under negative list Cenvat credit · 2015-04-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trading-of-goods-under-negative-list-cenvat-credit · Under Section 66B of the Finance Act, service tax shall be levied on the value of all services, other than those service specified in the negative list.
National IPR Policy - What is the IPR Think Tank thinking? · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/national-ipr-policy-what-is-the-ipr-think-tank-thinking · The Department of Industrial Policy and Promotion (DIPP) formed a six member committee on 22nd October, 2014 to formulate National IPR Policy.
Process patent litigation in pharma sector - An overview · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/process-patent-litigation-in-pharma-sector-an-overview · Since the inception of the Patents Act, 1970, Indian patent law has been a process patent regime in the field of pharmaceuticals.
ICDS – Will it make an Impact? · 2015-03-16 · Direct Tax · https://www.lkslaw.com/insights/articles/icds-will-it-make-an-impact · The Central Government is empowered[see end note 1] to notify ‘accounting standards’ under Section 145 of the Act[see end note 2] which need to be necessarily followed while computing income under the head ‘profits and gains of business or profession’ or ‘other sources’.
Time period for completing anti dumping reviews · 2015-03-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/time-period-for-completing-anti-dumping-reviews · By Lakshmi Neelakantan The provisions relating to anti-dumping measures under the Customs Tariff Act 1975 (“Act”) and the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (“AD rules”) provide for differen
Budget 2015: Supplies to ICB projects - Certain issues · 2015-03-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/budget-2015-supplies-to-icb-projects-certain-issues · Supplies against International Competitive Bidding (ICB) have been on the rise with several specified projects being awarded in the recent times. In Union Budget, 2015 itself, five ultra Mega Power Projects have been announced
The proposed watchdog merger · 2015-03-09 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-proposed-watchdog-merger · While the budget 2015 is being heralded as anywhere between good to excellent, a particular portion of the budget speech caught many a fancy as Mr. Jaitley, Finance Minister announced “I also propose to merge the Forwards Markets Commission with SEBI to strengthen regulation of commodity forward
Shareholders activity - India stand · 2015-01-29 · Direct Tax · https://www.lkslaw.com/insights/articles/shareholders-activity-india-stand · Subsidiaries of Multi National Enterprises (‘MNEs’) generally avail the services of their group companies for routine business operation and management.
Design registration in India – An overview · 2015-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/design-registration-in-india-an-overview · The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001.
Holding-subsidiary loans prohibition - Respite under company law · 2015-01-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/holding-subsidiary-loans-prohibition-respite-under-company-law · By Dinesh Babu Eedi
Information Technology Agreement-II – Should India join? · 2015-01-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/information-technology-agreement-should-india-join · Recently we saw how two bilateral agreements made the existence of WTO seem more relevant, by infusing more energy in the apex trade body.
Place of entertainment uncertainty prevails · 2015-01-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/place-of-entertainment-uncertainty-prevails · With the passage of time, different technologies and standards evolve. Similarly, law cannot stand still; it must change with the changing social concepts and values [see end note 1].
Hearing in anti-dumping investigation – A comparative analysis · 2014-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/hearing-in-anti-dumping-investigation-a-comparative-analysis · Despite lack of procedural clarity about the conduct of oral hearings, India scores over EC, South Africa and Pakistan by requiring a compulsory hearing.
Engineering · 2014-12-24 · Direct Tax · https://www.lkslaw.com/insights/articles/engineering-procurement-and-construction-contracts-in-india · The economic growth that India witnessed in last two decades has attracted Multinational Enterprises (‘MNEs’) to increase their business presence manifold in India.
Rules for determining deceptive similarity in composite marks · 2014-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rules-for-determining-deceptive-similarity-in-composite-marks · A Division Bench of the Delhi High Court recently dwelt upon the rules for determining deceptive similarity and consequent trade mark infringement when the conflicting trade marks under consideration are composite marks i.e. marks comprising of more than one element.
Insider Trading Regulations, 2014 – An Overview · 2014-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/insider-trading-regulations-2014-an-overview · By Rohit Subramanian
Will compliance costs actually go down with introduction of GST · 2014-12-12 · (no practice area listed) · https://www.lkslaw.com/insights/articles/will-compliance-costs-actually-go-down-with-introduction-of-gst · A Goods and Services Tax (GST) is on the anvil. From the kind of discussions I see around in the media and Government circles, the only issues which are holding back its rollout is the lack of consensus on the compensation mechanism for the expected loss of some States on account of its implementation, inclusion or exclusion of specific products from scope of GST and the threshold limit.
Willful or deliberate suppression standard under Section 8 of the Patents Act · 2014-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/willful-or-deliberate-suppression-standard-under-section-8-of-the-patents-act · The Division Bench of the Delhi High Court vide its recent order dated 7th November, 2014 in Maj.
Offshore sale transactions – A lacuna in the Indian Sales Tax regime · 2014-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/offshore-sale-transactions-a-lacuna-in-the-indian-sales-tax-regime · The purpose of this article is to analyze the applicability of the Central Sales Tax Act, 1956 (‘CST Act’) and State VAT Acts to sales transactions that involve sale of goods to offshore locations.
An overview of Real Estate Investment Trusts in India · 2014-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/articles/an-overview-of-real-estate-investment-trusts-in-india · By Kritika Krishnamurthy
Doing business in India through Liaison Office · 2014-11-06 · Direct Tax · https://www.lkslaw.com/insights/articles/doing-business-in-india-through-liaison-office · The way Indian economy withstood global economic slowdown has made India a very alluring destination for foreign investments.
The COOL dispute - Analysis and implications · 2014-11-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-cool-dispute-analysis-and-implications · By Sarah Mary Mathew The ongoing dispute against the United States on Certain Country of Origin Labelling Requirements (COOL) was initiated in December 2008 when Canada and Mexico requested consultations with the US [see end note 1]. The dispute is presently at the implementation stage with the
Use as trade mark sine qua non to claim honest concurrent use · 2014-10-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/use-as-trade-mark-sine-qua-non-to-claim-honest-concurrent-use · The Bombay High Court vide its judgment dated 15th September, 2014 in ITM Trust v.
Responsibilities of independent director - A magic bullet or unnecessary appendage? · 2014-10-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/responsibilities-of-independent-director-a-magic-bullet-or-unnecessary-appendage · By Varun Chablani, Devaditya Chakravarti
Transfer pricing and location savings an Indian perspective · 2014-10-13 · Direct Tax · https://www.lkslaw.com/insights/articles/transfer-pricing-and-location-savings-an-indian-perspective · Relocation of business from one country to another, where the labor and other costs are comparatively cheaper, results in cost saving to the Multi National Enterprise (‘MNE’) groups.
Tax issues surrounding human capital movement · 2014-10-13 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-issues-surrounding-human-capital-movement · Globalisation has led Multinational Companies (MNCs) to increase cross border secondment of technical, managerial and other employees to their subsidiaries located in low cost jurisdictions such as India.
Refund of anti dumping duty as a result of review investigation · 2014-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/refund-of-anti-dumping-duty-as-a-result-of-review-investigation · Section 9AA [see end note 1] of the Customs Tariff Act, 1975 provides for refund of anti-dumping duty in certain cases. It provides as below:
Valuation of asset a tax riddle faced by real estate firms · 2014-09-29 · Direct Tax · https://www.lkslaw.com/insights/articles/valuation-of-asset-a-tax-riddle-faced-by-real-estate-firms · When a partnership firm is formed for carrying on real estate business and a partner contributes land or building therein then the tax consequence of contribution of such land or building becomes a tricky issue.
Trademark battle over the word 'pink' · 2014-09-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trademark-battle-over-the-word-pink · The Chancery Division of the Community Trade Mark Court recently decided [see end note 1] against Victoria's Secret UK Ltd.
Recent FDI reforms in India · 2014-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/recent-fdi-reforms-in-india
Emerging jurisprudence in export restraint measures in trade · 2014-09-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/emerging-jurisprudence-in-export-restraint-measures-in-trade · Export restraints generally refer to measures imposed by an exporting country on the export of certain goods which may take the form of export quotas, duties, and licensing or minimum price requirements.
Incentive by State Government is disincentive to excise assessees · 2014-09-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/incentive-by-state-government-is-disincentive-to-excise-assessees · The Supreme Court in Super Synotex [see end note1] case had considered the Sales Tax Incentive Scheme extended by State of Rajasthan.
Compulsory license – High Court upholds IPAB Order · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/compulsory-license-high-court-upholds-ipab-order · The Division Bench of the Bombay High Court by its recent order [see end note 1] dated 15th July, 2014 upheld the order of the Intellectual Property Appellate Board (IPAB) [see end note 2] dated 4th March, 2013 granting a compulsory license to Natco Pharmaceuticals (Natco) under Section 84 of the Patents Act, 1970 (the Act).
TDS default on payments made to non residents disallowance · 2014-08-22 · Direct Tax · https://www.lkslaw.com/insights/articles/tds-default-on-payments-made-to-non-residents-disallowance · Tax reforms can play a decisive role in supporting growth, by removing distortions, enhancing transparency and ensuring certain level of stability in the area of international taxation.
Understanding corporate social responsibility · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/understanding-corporate-social-responsibility · The Companies Act, 2013 (CA 2013) has introduced path-breaking changes in governance mechanisms, compliances and disclosures, appointment and scope of auditors, responsibilities of independent directors, investor protection and mergers and acquisitions.
Compulsory pre-deposit and complete withdrawal of discretion to grant stay · 2014-08-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/compulsory-pre-deposit-complete-withdrawal-of-discretion-to-grant-stay · One of the important changes made as part of the amendments brought by Finance (No. 2) Act, 2014 is the amendment to the provisions relating to pre-deposit and grant of stay in Customs, Excise and Service Tax laws.
Procedural conundrum of Indian safeguard law · 2014-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/procedural-conundrum-of-indian-safeguard-law · Even though the mechanism set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS) in India through its domestic safeguard provisions [see end note 1] satisfy the basic requirements required for its implementation, however, when compared to other countries, there remain a lot of procedural loop-holes still to be filled in to make the safeguard investigation process more transparent and clear.
US provisions violate WTOs SCM Agreement - DSB Panel · 2014-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/us-provisions-violate-wtos-scm-agreement-dsb-panel · The Panel composed by Dispute Settlement Body of the World Trade Organization (Panel) in United States – Countervailing Measures on certain Hot-rolled carbon steel flat products from India released its report on 14-7-2014. The dispute was filed by India in 2012 and it relates to WTO compatibility
Registration of license assignment deed under the Patents Act · 2014-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/registration-of-license-assignment-deed-under-the-patents-act · A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty.
Satellite communications policy in India - Time to revisit and revise · 2014-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/satellite-communications-policy-in-india-time-to-revisit-revise · Recently, the Indian Space Research Organization, popularly known as ISRO, launched a PSLV C-23 rocket carrying a French Earth Observation Satellite along with four other satellites belonging to Germany, Canada and Singapore.
Investment protection - Investing in confidence · 2014-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/investment-protection-investing-in-confidence · The divergence between a nation’s domestic laws and the provisions in international treaties is not something new.
Tax treatment of exchange fluctuation loss on ECB · 2014-07-23 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-treatment-of-exchange-fluctuation-loss-on-ecb · One of the most apprehensive subjects for India for last couple of years has been the dwindling rupee value which besides triggering inflation and broadening the current account deficit has also augmented certain tax related issues.
Legal status of clarifications through Budget instructions of CBEC · 2014-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/legal-status-of-clarifications-through-budget-instructions-of-cbec · In this year’s budget, i.e. Budget 2014-15, the Joint Secretary, Tax Research Unit [JS (TRU)-I], Central Board of Excise & Customs [‘CBEC’ or ‘Board’], has sought to clarify the legal position involving interpretation of certain Customs and Central Excise notifications through an annexure to his covering letter [see end note 1] addressed to the Chief Commissioners and Commissioners of Customs and/or Central Excise.
Is new hardware required for patenting computer implemented inventions in India? · 2014-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/is-new-hardware-required-for-patenting-computer · Interpretation of Section 3(k) of the Patents Act, 1970 (the Act) that imposes an absolute bar on patentability of business methods, mathematical methods, algorithms and computer programs per se continues to remain a contentious issue for applicants and IP professionals in India.
Committees under the Companies Act · 2014-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/committees-under-the-companies-act-2013 · With an eye on improving governance the Companies Act, 2013 (2013 Act) mandates a number of Board committees for specified companies for audit, nomination and remuneration, Corporate Social Responsibility and stakeholders relationship. Clause 49 of the Listing Agreement also envisages such committees for listed entities.
How impartial is service tax law to partial constructions? · 2014-06-11 · (no practice area listed) · https://www.lkslaw.com/insights/articles/how-impartial-is-service-tax-law-to-partial-constructions · Section 66E(b) of the Finance Act, 1994 enacted pursuant to the introduction of the negative list regime with effect from 1-7-2012 reads as under:
Unforeseen developments under safeguard investigations · 2014-06-06 · (no practice area listed) · https://www.lkslaw.com/insights/articles/unforeseen-developments-under-safeguard-investigations · By Tarun Bhati Introduction WTO Members who initiate and conduct safeguard investigations are required to abide by the requirements of both, the WTO Safeguards Agreement as well as GATT, Article XIX. Article XIX: 1(a) of GATT states, in relevant part, as follows: “If, as a result of unforese
Issue of design-copyright interface – A ‘triable issue’ · 2014-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/articles/issue-of-design-copyright-interface-a-triable-issue · The High Court of Madras, in a recent decision in the matter of Standard Corporation India Inc., v. Tractors and Farm Equipment Ltd [see end note 1].
The perfect share purchase agreement · 2014-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-perfect-share-purchase-agreement · By Barnik Ghosh · Share Purchase Agreements (SPA) come in different colors and shapes - long, short, detailed, complicated, conditional, two or multi-party. One common thread is the need to make SPAs balanced and most importantly, enforceable.
Centrica’s law on secondment of employees – Hurting hard UK companies · 2014-05-15 · Direct Tax · https://www.lkslaw.com/insights/articles/centrica-law-on-secondment-of-employees-hurting-uk · In this era of rapid globalization, the multinational companies (MNCs) are increasingly outsourcing ‘non-integral’ and ‘non-revenue generating’ (business support) functions to their subsidiaries or to third party vendors, located in low cost jurisdiction such as India.
Indias stand before wto as an evidence in trade remedy · 2014-05-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/indias-stand-before-wto-as-an-evidence-in-trade-remedy · This article presents a short analysis of the recently issued final findings in the safeguard review investigation on imports of PX-13 also known as 6 PPD into India, issued by the Directorate General of Safeguards (“DG”) on 24 April 2014.
Trademark prosecution under PMLA for alleged infringement · 2014-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/articles/trademark-prosecution-under-pmla-for-alleged-infringement · In a new dimension to enforcement of trademark rights in India, the Enforcement Directorate (ED) of the Government of India has reportedly initiated action against two firms for allegedly infringing the registered trademarks of the public sector enterprise, Steel Authority of India Ltd. (SAIL).
Sports law reforms in India agenda for 2014 · 2014-04-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/sports-law-reforms-in-india-agenda-for-2014 · The United Nations estimates that 3% of the total economic activity globally emanates from sports. This is significant, given that most leading industries cannot boast of such a large impact on the world GDP. Further, the frenzy, patriotic fervor and passion generated by sports makes it the equivalent of war leading some legends like Bill Shankly to comment: “[football] wasn’t a matter of life and death, it was far more important”.
Service PEs - Employing the right structure · 2014-04-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/service-pes-employing-the-right-structure · The more you explain, the less clear things appear to be. This statement could apply to a host of things including service PEs.
Patents Act - IPAB re-emphasizes compliance with Sections 14 and 15 · 2014-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/patents-act-ipab-re-emphasizes-compliance-with-sections-14-and-15 · The Intellectual Property Appellate Board (IPAB) by its recent orders [see end note 1] dated 20th January, 2014 and 23rd January, 2014, set aside the orders of Assistant Controller rejecting the patent applications for a "sterile pharmaceutical composition" [see end note 2] and a "crystalline polymorph of a bisulfate salt of a thrombin receptor antagonist" [see end note 3] on grounds of lack of compliance with Section 14 and Section 15 of the Patents Act, 1970 (the Act) respectively.
Patents amendment rules 2014 - Certain issues with the definition of small entities · 2014-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/patents-amendment-rules-2014-certain-issues-with-the-definition-of-small-entities · On February 28, 2014 the Indian Patent Office (IPO) notified the Patents (Amendment) Rules, 2014 (“Rules”).
Voting rights of holders of depository receipts abroad · 2014-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/voting-rights-of-holders-of-depository-receipts-abroad · Depository Receipts (DR) are negotiable securities issued outside India by a depository bank against underlying rupee shares that are issued by a company incorporated in India. The DR can represent a fraction, single or multiple shares of an Indian issuer company (‘the Company’).
Excise Valuation: Sales Tax – Incentive or Deterrence? · 2014-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/excise-valuation-sales-tax-incentive-or-deterrence · Valuation under Central Excise law has always been one of the areas of dispute and it has again been brought to the fore front of discussions with the recent decision of the Supreme Court in the case of Super Synotex (India) Ltd and Others.
How relevant is the “relevant period” for credit distribution? · 2014-03-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/how-relevant-is-the-relevant-period-for-credit-distribution · Rule 7 of the Cenvat Credit Rules [‘Credit Rules’ for short] relating to distribution of credit by an Input Service Distributor (“ISD”) has always been a problem area of the Credit Rules.
Provisional anti dumping measures in India - A misused provision · 2014-03-07 · (no practice area listed) · https://www.lkslaw.com/insights/articles/provisional-anti-dumping-measures-in-india-a-misused-provision · An anti-dumping investigation normally stretches for a period of 12 months, which upon due cause shown may continue up to 18 months from the date of initiation of the investigation.
Restraining legal proceedings recent trends · 2014-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/restraining-legal-proceedings-recent-trends · The general law of contract recognizes promises made for consideration as legally enforceable agreements. However, it frowns upon certain promises and prohibits their enforcement, including those that are in restraint of legal proceedings.
Rights of nomination · 2014-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rights-of-nomination · A nominee in common parlance is understood as a beneficiary who has been so nominated to receive the benefit of a moveable asset (money) on the death of the person who is the owner of such asset and who has named the nominee in the relevant document.
Single rate for producers exporters from nme countries an analysis · 2014-02-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/single-rate-for-producers-exporters-from-nme-countries-an-analysis · On December 3, 2013, China has requested for a consultation with the United States of America for certain methodologies in 13 anti-dumping measures imposed by USDOC against China (DS471).
Cenvat credit – Of mindset and (juris)prudence · 2014-02-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cenvat-credit-of-mindset-and-juris-prudence · From excisability and manufacture to valuation, Union Excise Duties have witnessed pitched courtroom battles over the past few decades.
The Real Estate Bill an overview · 2014-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-real-estate-bill-an-overview · The real estate sector in India, despite its large size and numerous players still remains outside regulatory purview and discipline and continues to be in the unorganized sector. One sided contracts in favor of the builder, large cash transactions, lack of standardization and quality and delay in delivery of completed projects continue to plague this unorganized sector.
R'Biting Bitcoins · 2014-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rbiting-bitcoins · Currencies across the globe need to have universal application and acceptability and have been given sovereign validity, sanctity by the respective countries that issue them. Each country issues its own unique currency that is valid within its territory.
Delhi High Court rules on disparagement of trademark · 2014-01-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/delhi-high-court-rules-on-disparagement-of-trademark · A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging.
The trade facilitation agreement understanding the nuances · 2014-01-02 · (no practice area listed) · https://www.lkslaw.com/insights/articles/the-trade-facilitation-agreement-understanding-the-nuances · In The Trade Facilitation Agreement (TFA) was signed at Bali eliciting congratulations and relief, apparently lending credibility to the World Trade Organisation (WTO).
Scope of ENV under PVP Act the Seeds Act · 2013-12-23 · (no practice area listed) · https://www.lkslaw.com/insights/articles/scope-of-env-under-pvp-act-the-seeds-act · The Registrar, Plant Varieties Authority at New Delhi, vide its recent order of October 28, 2013 has held that parental lines of extant varieties [Extant (Notified) Variety - ENV]
Quantitative Restrictions - An Overview · 2013-12-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/quantitative-restrictions-an-overview · Article XI of GATT contains one of the cornerstones of the disciplines regarding multilateral trade regime established under the WTO i.e.
Service tax on Education Service · 2013-12-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/service-tax-on-education-service · As rightly quoted by Ralph Waldo Emerson – “For every benefit you receive a tax is levied”. Taxes are now being levied on many transactions.
Changing contours of mergers and acquisitions under Companies Act · 2013-11-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/changing-contours-of-mergers-and-acquisitions-under-companies-act-2013 · The task of enacting a new law to regulate companies in India is complete. The Companies Act, 2013, (“New Act”) in its new avatar, mirrors several changes when compared to the law contemplated under the Companies Act, 1956 (“Old Act”).
Brazilian patent law Proposed reforms inspired by Indian law · 2013-11-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/brazilian-patent-law-proposed-reforms-inspired-by-indian-law · Brazil was the fourth country in the world to enact a patent law (in 1809) and it was also a founding member of the Paris Convention in 1882.
Flying solo with one person companies · 2013-11-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/flying-solo-with-one-person-companies · Adam Smith in the ‘Wealth of Nations’ (1776) declared “Individuals always weigh their own interest more than the group”. He made this statement at a time when tradesmen in Europe were organizing themselves into groups to enhance their scale of business and leverage potential markets available for their goods in exotic, far away colonies.
Obligation to tolerate an act – A declared service · 2013-11-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/obligation-to-tolerate-an-act-a-declared-service · By Akhilesh Kangsia, Anand Nainawati, Jaime Bartell, M.K lakshman · By Iype Mathew One of the special features of the negative list based service tax regime, introduced with effect from 1st July, 2012, is the introduction of the concept of declared services (Section 66E of the Finance Act, 1994). Declared services, which are actually descri
National Treatment principle Analysis of GATT Article III · 2013-11-15 · (no practice area listed) · https://www.lkslaw.com/insights/articles/national-treatment-principle-analysis-of-gatt-article-iii · Among the pillars of the modern trading system that developed due to the genesis of GATT/WTO, principle of National Treatment is arguably one of the most significant.
Safeguard measures Extension post expiry not correct · 2013-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/articles/safeguard-measures-extension-post-expiry-not-correct · The framework for duration and review of safeguard measures is provided under Article 7 of the Agreement on Safeguards (AoSG).
Research exemptions not deemed as patent infringement · 2013-10-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/research-exemptions-not-deemed-as-patent-infringement · According to the Indian Patents Act, 1970 (‘the Act’), a product patent gives an exclusive right to the patentee to prevent third parties, who do not have his consent, from making, using, offering for sale, selling, or importing the patented product into India till the product patent is valid.
Hot news doctrine - Inapplicable in India · 2013-10-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/hot-news-doctrine-inapplicable-in-india · Deciding an appeal [ see end note 1 ], the Division Bench of the Delhi High Court has set aside the Single Judge's decision [ see end note 2 ]
Investigation & whistle-blowing provisions under Companies Act · 2013-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/investigation-whistle-blowing-provisions-under-companies-act-2013-an-overview · The Companies Act, 2013 (“new Act”) contains stringent provisions to contain corporate frauds. A new “investigation” procedure has been provided under Sections 210 to 229, as against Sections 235 to 251 of the Companies Act, 1956, (“old Act”).
VAT on developers Certain issues · 2013-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/vat-on-developers-certain-issues · The Supreme Court in the case of Larsen & Toubro Limited & Anr v. State of Karnataka & Anr.
Class actions under the Companies Act · 2013-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/class-actions-under-the-companies-act-2013 · A class action allows a number of claimants with a common grievance against a company to file a lawsuit against it. Claimants can pool their resources, share attorneys’ services and save the time and costs of litigation. The scale of economies associated with class actions seem especially critical to those individuals who have limited resources or small claims that render individual lawsuits expensive and unfeasible.
Labour standards and international trade – Some issues · 2013-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/articles/labour-standards-and-international-trade-some-issues · In July 2013 United States of America withdrew trade benefits available to Bangladesh, one of the least developed countries, under the Generalised System of Preferences (GSP) quoting lack of worker security and workers’ rights in Bangladesh.
Companies Act 2013 – New Dimensions · 2013-09-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/companies-act-2013-new-dimensions · The Companies Bill 2012, tabled in the Indian Parliament in 2011 was passed by the Lok Sabha on December 18, 2012 and thereafter by the Rajya Sabha on August 8, 2013. The Bill received the assent of the President on August 29, 2013 and was notified in the Official Gazette on August 30, 2013.
Working of patents in India · 2013-09-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/working-of-patents-in-india · Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to as the Act.
Doctrine of attribution in corporate criminal liability · 2013-09-17 · (no practice area listed) · https://www.lkslaw.com/insights/articles/doctrine-of-attribution-in-corporate-criminal-liability · The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees while conducting business has gained importance in criminal law jurisprudence while being subject to debate
Availability of Cenvat Credit on partially paid invoices · 2013-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/availability-of-cenvat-credit-on-partially-paid-invoices · Prior to 2011-12 [see end note 1] service tax was payable on receipt basis in the calendar month or quarter, depending on the class of the assessee, immediately following the calendar month or quarter in which the payments are received towards the value of taxable services.
Industrial/ Institutional Consumers – Complicating the uncomplicated · 2013-08-13 · (no practice area listed) · https://www.lkslaw.com/insights/articles/industrial-institutional-consumers-complicating-the-uncomplicated · By Shweta Walecha · The great Chinese philosopher Kong Qiu, famously known as Confucius, once said - “Life is really simple, but we insist on making it complicated”.
Bar on mathematical methods under Indian Patents Act · 2013-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/bar-on-mathematical-methods-under-indian-patents-act · In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows.
Anti dumping and countervailing duties - India and US Practice · 2013-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/anti-dumping-and-countervailing-duties-india-and-us-practice · India follows a prospective method of Anti-dumping Duty (AD) and Countervailing Duty (CVD) imposition whereas the United States has adopted a retrospective method.
Land Acquisition Bill 2011- A comparative analysis with the Act · 2013-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/articles/land-acquisition-bill-2011-a-comparative-analysis-with-the-act · The Land Acquisition Bill 2011 proposes a change in the definition of “public purpose”, which is a fundamental concept in land acquisition. Presently the definition of public purpose under the Land Acquisition Act, 1894 includes provision of village sites or the extension, planned development or improvement of existing village sites;
Facilitation of cross-border services - Imprecision in the POPS Rules · 2013-07-25 · (no practice area listed) · https://www.lkslaw.com/insights/articles/facilitation-of-cross-border-services-imprecision-in-the-pops-rules · International transactions involving provision of services now revolve around the concept of place of provision of service.
Tax planning in letter and spirit · 2013-07-25 · Direct Tax · https://www.lkslaw.com/insights/articles/tax-planning-in-letter-and-spirit · The media, in recent months, has been focussing extensively on tax planning, tax avoidance and aggressive tax planning.
Protecting property rights through common law remedies · 2013-06-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/protecting-property-rights-through-common-law-remedies · Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property.
Squeeze out clause - A perspective · 2013-06-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/squeeze-out-clause-a-perspective · ‘Squeeze Out’ provisions in the Companies Act, 1956 enable the majority shareholder holding above a prescribed threshold limit to “squeeze-out” the minority shareholders and acquire the entire shareholding in a company.
Articles of Association shall prevail - Delhi HC · 2013-06-24 · (no practice area listed) · https://www.lkslaw.com/insights/articles/articles-of-association-shall-prevail-delhi-hc · The High Court of Delhi has overruled the decision of the Company Law Board (CLB) wherein the CLB had held that since there was no bar on affirmative vote in the Articles of Association of the company
Refund of Cenvat credit on services under Reverse Charge Mechanism · 2013-06-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/refund-of-cenvat-credit-on-services-under-reverse-charge-mechanism · It is been almost a year since the negative list of services based regime for levy of Service Tax under the Finance Act, 1994 (in short ‘the Act’) was introduced.
RBI revises banking license guidelines · 2013-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/rbi-revises-banking-license-guidelines · The banking system in India has been constantly evolving with the government and the Reserve Bank of India (the RBI) making changes in the banking policies, as and when required. The RBI grants licenses to entities proposing to establish new banks and enter the industry, and also governs terms of the same.
Export promotion programmes and SCM Agreement – Has the countdown begun? · 2013-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/export-promotion-programmes-and-scm-agreement-has-the-countdown-begun · Article 3 of the WTO SCM Agreement provides for two types of subsidies which are considered as prohibited subsidies, namely (i) export contingent and (ii) import substitution.
Patent of addition · 2013-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/articles/patent-of-addition · After arriving at an invention, it is often the case that there is an improvement or modification of the invention.
Export of services under the new regime of Service Tax · 2013-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/export-of-services-under-the-new-regime-of-service-tax · As we approach the second year in the negative list based regime in service tax, there are many issues which have not been comprehended yet.
Post dating of patent applications and its implications · 2013-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/articles/post-dating-of-patent-applications-and-its-implications · Post-dating means to change the priority date of a patent application to a later date.
Foreign filing license A must know requirement · 2013-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/foreign-filing-license-a-must-know-requirement · At times an applicant, i.e., a company or an individual may decide to file a patent application directly in a foreign country or as an international application under PCT other than in India, without first filing a patent application in India due to various reasons.
Arrest under Customs laws Some recent changes · 2013-04-04 · (no practice area listed) · https://www.lkslaw.com/insights/articles/arrest-under-customs-laws-some-recent-changes · Arrest provisions under various civil laws have always acted as good deterrence against different kinds of offences.
Cancellation of registered design- Is prior registration abroad a valid ground · 2013-03-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/cancellation-of-registered-design-is-prior-registration-abroad-a-valid-ground · Like any other Intellectual Property Right, industrial design registration protects the rights of the proprietor in his ‘registered design’.
Is there a database right protection in India? · 2013-03-20 · (no practice area listed) · https://www.lkslaw.com/insights/articles/is-there-a-database-right-protection-in-india · By Vidushpat Singhania · By Vidushpat Singhania Protection of database and associated rights is gaining traction in India. The vast volume and deluge of data available with the Business Processing Offices in India from jurisd
FDI in multi-brand retail – Consistency with international trade law · 2013-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/articles/fdi-in-multi-brand-retail-consistency-with-international-trade-law · By Bhargav Mansatta · By Bhargav Mansatta After much furore over opening up of the retail sector to foreign investment, Government of India (GOI) announced its decision to allow FDI upto 51% in multi-brand retail trading u
Budget 2013 – Amnesty scheme in service tax · 2013-03-16 · (no practice area listed) · https://www.lkslaw.com/insights/articles/budget-2013-amnesty-scheme-in-service-tax · By Surbhi Premi · By Surbhi Premi In 1997, the Government of India introduced the Voluntary Disclosure of Income and Wealth Scheme, 1997 (VDIS), an amnesty scheme under the direct taxes which unearthed approximately Rs
Agreement in Restraint of Legal Proceedings – Is your Bank Guarantee valid? · 0001-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/agreement-in-restraint-of-legal-proceedings-is-your-bank-guarantee-valid · By Sudish Sharma
Acceptance of Kotak Committee recommendations by SEBI: Additional “To Do” for listed entities · 0001-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/articles/acceptance-of-kotak-committee-recommendations-by-sebi-additional-to-do-for-listed-entities · By Aman Parnami, Swathi Sreenath
Privity of contract and locus with a source of income – A test of diversion by overriding title · (undated) · (no practice area listed) · https://www.lkslaw.com/insights/articles/privity-of-contract-and-locus-with-a-source-of-income-a-test-of-diversion-by-overriding-title · By Prachi Goel
Understanding composite supply under GST · (undated) · (no practice area listed) · https://www.lkslaw.com/insights/articles/understanding-composite-supply-under-gst · By Devanu Roy Choudhury

## News (903)

GST Structural Reforms 2.0 · 2026-10-08 · GST Consultancy · https://www.lkslaw.com/insights/news/gst-structural-reforms-2-0 · The Structural Reforms 2.0 have aimed at making significant relaxations in relation to various processes, refunds, exports, with a significant change in terms of removal of arrest powers from GST officers.
Arbitration clause in accepted invoices binds the parties despite the absence of a separate signature at the Section 11 stage · 2026-10-07 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-clause-in-accepted-invoices-binds-the-parties-despite-the-absence-of-a-separate-signature-at-the-section-11- · The Hon’ble High Court of Delhi considered whether an arbitration agreement existed between the parties where the arbitration clause was contained in the terms and conditions printed on the reverse side of invoices and had not been separately signed by the receiver of the goods. The Hon’ble Court held that a prima facie arbitration agreement existed within the meaning of Section 7 of the Arbitration and Conciliation Act, 1996.
Disparagement – Comparative advertising must be based on truthful statements in overall effect and impact · 2026-10-05 · Intellectual Property · https://www.lkslaw.com/insights/news/disparagement-comparative-advertising-must-be-based-on-truthful-statements-in-overall-effect-and-impact · The Delhi High Court has held that permissible comparative advertising must not be based on statements that are not truthful and/or that misrepresent a state of affairs and/or that are deceptive/misleading - in their overall effect and impact.
Classification of goods – Department cannot justify reclassification through general assertions, selective examination of few products, or by relying on website material which not placed on record · 2026-10-01 · Customs · https://www.lkslaw.com/insights/news/classification-of-goods-department-cannot-justify-reclassification-through-general-assertions-selective-examination-of-f · In a classification dispute, where the Department had sought reclassification of the auto parts imported by the assessee and consequent denial of the ASEAN FTA benefit, the Chennai Bench of the CESTAT has allowed assessee’s appeal holding that the Department failed to establish its proposed reclassification of specified imported automobile parts from TI 8708 99 00 (‘other parts and accessories’) to TI 8708 29 00 (‘parts and accessories of bodies’) and other tariff entries. The Tribunal in Toyota Kirloskar Motor Pvt. Ltd. v. Commissioner observed the following:
No pre-deposit for penalty-only appeals if SCN issued prior to 1 October 2025 when provisions amended to mandate such deposit · 2026-09-30 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/no-pre-deposit-for-penalty-only-appeals-if-scn-issued-prior-to-1-october-2025-when-provisions-amended-to-mandate-such-de · The Hyderabad Bench of the GSTAT has answered in negative the question as to whether the assessee was required to remit pre-deposit of 10% in terms of proviso to Section 112(8) of the CGST Act [Appeal to Tribunal], for a penalty-alone appeal, on an order that was passed well before the introduction of the said proviso i.e., on 1 October 2025. The Tribunal in Hero Wiretex Limited v. Commissioner observed the following:
Fraudulent or collusive CIRP admission may be recalled, but the insolvency process can continue if it has acquired an in-rem character · 2026-09-29 · Insolvency · https://www.lkslaw.com/insights/news/fraudulent-or-collusive-cirp-admission-may-be-recalled-but-the-insolvency-process-can-continue-if-it-has-acquired-an-in- · The Hon’ble Supreme Court of India recently considered whether an Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (‘IBC’) possessed the power to recall admission of a Section 9 application upon discovering that the insolvency proceedings had been initiated through fraud and collusion, and whether such a finding inevitably required termination of the Corporate Insolvency Resolution Process (‘CIRP’).
Patents – Hearing under Section 14 to be granted even if same granted during pre-grant opposition · 2026-09-29 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-hearing-under-section-14-to-be-granted-even-if-same-granted-during-pre-grant-opposition · The Delhi High Court has reiterated that the Patent Controller was not justified in denying opportunity of hearing to the patent applicant under Section 14 for the reason that hearing was granted during the pre-grant opposition proceeding under Section 25(1). Remanding the dispute back, the High Court in Fresenius Kabi Ipsum SRL v. Asst. Controller of Patents and Designs [Judgement dated 31 August 2026] while relying on various precedents, including the DB decision in Novartis AG v. Natco Pharma Limited, observed the following:
Transportation of goods – No penalty under Section 129 for taking longer route while also entering into another State · 2026-09-29 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/transportation-of-goods-no-penalty-under-section-129-for-taking-longer-route-while-also-entering-into-another-state · The GSTAT Bench at Varanasi has held the diversion of route to avoid complex situations arising due to hilly and difficult terrain/area in the shorter route, opting for a longer route does not mean that the assessee had intention to evade. It was noted that the statute does not require to disclose any specific route (as in earlier VAT regime), transportation was with valid documents as required and there was absence of mala fide intention of the taxpayer to evade the tax.
Courier agent – No contravention of Courier Imports and Exports Regulations for non-collection of second identity document and outsourcing of physical pick-up · 2026-09-28 · Customs · https://www.lkslaw.com/insights/news/courier-agent-no-contravention-of-courier-imports-and-exports-regulations-for-non-collection-of-second-identity-document · The CESTAT Chennai has set aside the findings of contravention under Regulations 13(i) and 13(j) of the Courier Imports and Exports (Clearance) Regulations, 1998 [similar to Regulation 12 of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010], based respectively on non-collection of a second identity document and outsourcing of physical pick-up. The Tribunal in Fedex Express Transportation and Supply Chain Services (India) Pvt. Ltd. v. Commissioner noted the following:
Refund of ITC on exports – Computation of ‘Net ITC’ under Rule 89(4) – Credit pertaining to earlier period but reversed during relevant period not to be deducted from credit availed · 2026-09-28 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/refund-of-itc-on-exports-computation-of-net-itc-under-rule-89-4-credit-pertaining-to-earlier-period-but-reversed-during- · The GSTAT Ranchi Bench has held that the expression ‘input tax credit availed’ under Rule 89(4)(B) of the CGST Rules, particularly for determining ‘Net ITC’ for refund of accumulated credit under Section 54(3) of the CGST Act, has to be understood with reference to the credit actually availed and attributable to the relevant refund period. Department’s submission that ITC reversed need to be deducted from ITC availed for computation of Net ITC during the relevant period, was thus rejected. The Tribunal in Pramod Chandan Surin v. Shivam Iron & Steel Co. Ltd. observed the following:
Patents – Restoration application when to precede post-grant revocation · 2026-09-25 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-restoration-application-when-to-precede-post-grant-revocation · The Calcutta High Court has set aside an order revoking a patent, holding that the Controller could not decide on a post-grant revocation petition while the patentee’s restoration application was still pending. Controller’s objection that the statute does not provide for any embargo in taking up the revocation application during the pendency of the restoration application was thus rejected.
E-way Bill – Absence of, when fatal and when mere procedural lapse – Intention to evade is the key · 2026-09-09 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/e-way-bill-absence-of-when-fatal-and-when-mere-procedural-lapse-intention-to-evade-is-the-key · The Lucknow Bench of the GSTAT has delivered seemingly different decisions in two disputes – both involving transportation of goods without an e-way bill. In both the cases, the e-way was generated after the interception of goods.
IP litigation – Territorial jurisdiction of Court – Delhi HC refers issues to Larger Bench · 2026-09-01 · IP Litigation · https://www.lkslaw.com/insights/news/ip-litigation-territorial-jurisdiction-of-court-delhi-hc-refers-issues-to-larger-bench · Observing that the existing case laws reveal divergence on how territorial jurisdiction should be determined in IP disputes, including those involving transactions over the internet and e-commerce modes, a Single Judge of the Delhi High Court has referred to the Larger Bench the following issues.
Copyrights – Use of publicly available content of a news agency for training an AI model prima facie falls under ‘fair dealing’ · 2026-09-01 · IP Litigation · https://www.lkslaw.com/insights/news/copyrights-use-of-publicly-available-content-of-a-news-agency-for-training-an-ai-model-prima-facie-falls-under-fair-deal · In an intersection of copyright law and artificial intelligence, the Delhi High Court has declined to grant interim relief sought by a news agency in a copyright infringement suit against an AI developer and service provider. The Court was of the prima facie view that the use of publication house’s publicly available content for training the AI model fell within the ‘fair dealing’ protection under Section 52(1)(a) of the Copyright Act, 1957.
FTA imports – Benefit not deniable merely because overseas supplier did not cooperate during verification · 2026-08-31 · Customs · https://www.lkslaw.com/insights/news/fta-imports-benefit-not-deniable-merely-because-overseas-supplier-did-not-cooperate-during-verification · The CESTAT Kolkata has observed that there is no statutory provision which authorizes the Customs authorities to mechanically deny the benefit of every Certificate of Origin issued by a particular overseas supplier merely because such supplier did not cooperate during a verification exercise.
Search and seizure – Premises cannot be kept sealed under Section 67(4) after search; Prohibition Order on office equipment is not sustainable · 2026-08-25 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/search-and-seizure-premises-cannot-be-kept-sealed-under-section-67-4-after-search-prohibition-order-on-office-equipment- · The Gauhati High Court has held that the power to seal premises under Section 67(4) of the CGST Act is available only to facilitate search and seizure where access to the premises is denied. According to the Court, the provisions cannot be used to keep an assessee's premises under lock and seal after completion of the search.
Arrest – Order under Section 69 needs to be communicated to the person before arrest · 2026-08-24 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/arrest-order-under-section-69-needs-to-be-communicated-to-the-person-before-arrest · The Supreme Court has held that order under Section 69 of the CGST Act, 2017, needs to be communicated to the person who is sought to be arrested, before his arrest. According to the Court, since order under Section 69 is a sine qua non to seek anticipatory bail, the order needs to be communicated before arrest. The Apex Court in this regard noted the following:
Pre-deposit in cases involving only penalty – Amendment in Section 107(6) w.e.f. 1 October 2025, requiring pre-deposit, is not applicable where SCN was issued earlier · 2026-08-21 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/pre-deposit-in-cases-involving-only-penalty-amendment-in-section-107-6-w-e-f-1-october-2025-requiring-pre-deposit-is-not · he Delhi High Court has held that requirement of 10% pre-deposit for filing appeal to the Appellate Authority in cases involving only penalty is not applicable for the cases where the SCNs have been issued before 1 October 2025, the date of coming into force of the amendment to Section 107(6) requiring 10% pre-deposit.
Cenvat credit available on furnace oil used for exempt intermediate goods which is stock transferred to another unit and used in final dutiable goods · 2026-08-20 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/cenvat-credit-available-on-furnace-oil-used-for-exempt-intermediate-goods-which-is-stock-transferred-to-another-unit-and
Demand – Limitation for issuance of orders – Order ‘issued’ within limitation period but ‘served’ thereafter is legitimate · 2026-08-18 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/demand-limitation-for-issuance-of-orders-order-issued-within-limitation-period-but-served-thereafter-is-legitimate · The Calcutta High Court has held that an assessee cannot be permitted to impeach the order on the grounds that though the order was ‘issued’ within the period of limitation, it was ‘served’ after the statutory period for making the orders. The order under Section 73 of the CGST Act, though digitally signed on 30 April 2024, was uploaded on the portal on 1 May 2024, which was outside the limitation provided under Section 73(9).
ELFA diagnostic kits eligible for customs exemption available to ELISA kits · 2026-08-13 · Customs · https://www.lkslaw.com/insights/news/elfa-diagnostic-kits-eligible-for-customs-exemption-available-to-elisa-kits · The Chennai Bench of CESTAT has held that diagnostic kits based on Enzyme-Linked Fluorescent Assay (‘ELFA’) technology are eligible for the customs duty and IGST concessions available to Enzyme-Linked Immunosorbent Assay (‘ELISA’) kits under Notification No. 50/2017-Cus. and related IGST notifications
Mere uploading SCN or Order on the common portal is not service of such SCN/Order · 2026-08-11 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/mere-uploading-scn-or-order-on-the-common-portal-is-not-service-of-such-scn-order · The Punjab & Haryana High Court has held that uploading of SCN or order on the Common Portal would not amount to service of such SCN or order upon the assessee in terms of Section 169 of the CGST Act, 2017. The Court in this regard observed the following
Manufacture – Grouping or fitting together of imported modules into photocopier machines does not amount to ‘manufacture’ · 2026-08-06 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/manufacture-grouping-or-fitting-together-of-imported-modules-into-photocopier-machines-does-not-amount-to-manufacture · The Supreme Court has held that the grouping and, to whatever extent, the fitting together of imported modules into Photocopier machines in the warehouses, to meet a customer’s need, does not amount to ‘manufacture’ under Section 2(f) of the Central Excise Act, 1944.
Printing manufacturer’s name on packaging to comply with statutory requirements is not use of brand name · 2026-08-05 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/printing-manufacturer-s-name-on-packaging-to-comply-with-statutory-requirements-is-not-use-of-brand-name · The GSTAT Bench at Thane has dismissed Revenue department’s appeal filed against the appellate authority’s decision allowing exemption under Sl. No. 9 of Notification No. 02/2017-CT(R) to the assessee who was using manufacturer’s name on the packaging to comply with statutory requirements under Food Safety and Standards Act, 2006 and the Legal Metrology Act, 2009.
No GST on assignment of leasehold rights in land and building – Supreme Court dismisses Department’s appeal · 2026-07-22 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/no-gst-on-assignment-of-leasehold-rights-in-land-and-building-supreme-court-dismisses-department-s-appeal · The Supreme Court of India has yesterday (21 July 2026) dismissed Revenue department’s appeal filed against the Gujarat High Court decision wherein the High Court had held that assignment of leasehold rights of the plot of land allotted on lease by Gujarat Industrial Development Corporation (GIDC) and building constructed thereon by the lessee or its successor (assignor) to a third party (assignee) on payment of lump-sum consideration is not liable to GST.
GST Council has no power to ratify any notification issued by Central Government · 2026-07-09 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/gst-council-has-no-power-to-ratify-any-notification-issued-by-central-government · The Madras High Court has held that GST Council has no power to ratify any notification issued by the Central Government either under Section 9 or Section 11 of the CGST Act, 2017.
Glucometers are classifiable Heading 9027 and not under Heading 9018 of Customs Tariff – Use in field of medicine is not material · 2026-07-08 · Customs · https://www.lkslaw.com/insights/news/glucometers-are-classifiable-heading-9027-and-not-under-heading-9018-of-customs-tariff-use-in-field-of-medicine-is-not-material · The CESTAT Mumbai has reiterated that Glucometer, a small portable device used to measure the concentration of glucose (sugar) in the blood, is classifiable under Tariff Item 9027 80 90 of the Customs Tariff Act, 1975 and not under TI 9018 90 99 ibid.
Healthcare services through another hospital are also exempt; Classification of service must follow its substance · 2026-06-29 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/healthcare-services-through-another-hospital-are-also-exempt-classification-of-service-must-follow-its-substance · The Karnataka High Court has allowed benefit under Sl. No. 74 of Notification No. 12/2017-Central Tax (Rate) to the assessee in a case where the assessee was providing healthcare services to patients through a Medical Services Agreement with another hospital and was receiving an amount from the hospital as consideration for rendering medical services.
Partners of a company (taxable person) can be imposed penalty under Section 122(1A) and for periods before the said provision · 2026-06-25 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/partners-of-a-company-taxable-person-can-be-imposed-penalty-under-section-122-1-a-and-for-periods-before-the-said-provision · The Gauhati High Court has answered in affirmative the question as to whether partners of a company (taxable person) can be imposed penalty under Section 122(1A) of the CGST Act, 2017. The Court for this purpose noted the following:
Intimation under Form DRC-01A is mandatory, notwithstanding use of word ‘may’ in Rule 142(1A) · 2026-06-24 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/intimation-under-form-drc-01-a-is-mandatory-notwithstanding-use-of-word-may-in-rule-142-1-a · Observing that statutory provision contained in the principal legislation that is Section 74(5) of the CGST Act, 2017, is mandatory, the Allahabad High Court has held that the use of the word ‘may’ in Rule 142(1A) of the CGST Rules must be given the same interpretation. According to the Court, the provisions of Rule 142(1A) must be read in conjunction with Section 74(5).
Patents – Bolar provision – Defendant in infringement suit must discharge a heavier burden to establish supply under Section 107A providing exception · 2026-06-22 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-bolar-provision-defendant-in-infringement-suit-must-discharge-a-heavier-burden-to-establish-supply-under-section-107-a-providing-exception
Allegations of fraud or misuse in registered transactions require foundational proof first before burden shifts to the other party · 2026-06-11 · Commercial Litigation · https://www.lkslaw.com/insights/news/allegations-of-fraud-or-misuse-in-registered-transactions-require-foundational-proof-first-before-burden-shifts-to-the-other-party · The Supreme Court upheld the Madras High Court’s judgment that when a party alleges fiduciary misuse in property transactions executed through a General Power of Attorney (‘GPA’), that party must first prove the basic facts showing such fraud. The burden does not shift to the beneficiaries unless and until such foundational evidence is placed on record.
Import of parts vs. Import in CKD form – Aggregation of disparate imports over a period of time to claim CKD form is not correct · 2026-06-08 · Customs · https://www.lkslaw.com/insights/news/import-of-parts-vs-import-in-ckd-form-aggregation-of-disparate-imports-over-a-period-of-time-to-claim-ckd-form-is-not-correct · The CESTAT Chennai has allowed assessee’s appeal in a case where the Revenue department had alleged misdeclaration of imports by importing goods in CKD form as parts. The dispute in Subash Iyappan v. Commissioner involved import of e-vehicles, allegedly in CKD form and thus being not eligible for benefit of reduced customs duty. The Tribunal for this purpose noted the following:
ITC when supplier not paid tax – Gujarat HC declines to read down Section 16(2)(c) and advises govt. to implement tracking mechanism · 2026-06-07 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/itc-when-supplier-not-paid-tax-gujarat-hc-declines-to-read-down-section-16-2-c-and-advises-govt-to-implement-tracking-mechanism · The Gujarat High Court has declined to read down Section 16(2)(c) of the CGST Act and thus not declaring it ultra vires Part III of the Constitution of India, including Article 14 thereof. Not agreeing with the contentions of the assessee that they cannot be subjected to denial of ITC solely on the ground that the supplier had failed to deposit the tax with the State Government, the Court observed the following:
Patents – Making available fungicide for use in high-temperature regions is ‘enhancement in efficacy’ under Section 3(d) · 2026-06-02 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-making-available-fungicide-for-use-in-high-temperature-regions-is-enhancement-in-efficacy-under-section-3-d · The Delhi High Court has held that the fact that the fungicide is made available to be used and sprayed at regions where the temperature would ordinarily go beyond 40°C, without crystallization, would clearly be an enhancement in the efficacy of the compound.
Common/consolidated SCN for multiple FYs/tax periods permissible, however, each period forming part of notice must satisfy limitation · 2026-05-31 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/common-consolidated-scn-for-multiple-f-ys-tax-periods-permissible-however-each-period-forming-part-of-notice-must-satisfy-limitation · The Karnataka High Court has answered in affirmative the question as to whether it would be permissible to issue consolidated/common show cause notice under Sections 73 and 74 of the CGST Act covering multiple financial years or multiple tax periods. The Division Bench of the Court in Commissioner v. Chimney Hills Education Society observed the following:
Trademarks – Transborder reputation and establishment of goodwill in India – SC decision in Prius distinguished · 2026-05-28 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-transborder-reputation-and-establishment-of-goodwill-in-india-sc-decision-in-prius-distinguished · The Division Bench of the Delhi High Court has ordered removal of the registration for the mark ALPHARD in favour of the respondents in a case where the dispute involved determining whether the appellant’s same word mark, by virtue of its alleged prior adoption and asserted transborder reputation, qualified as a ‘well-known trademark’ on the date of the respondent’s application for registration within the same business sector.
Damages paid in settlement of arbitral award do not constitute ‘supply’ for GST liability · 2026-05-27 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/damages-paid-in-settlement-of-arbitral-award-do-not-constitute-supply-for-gst-liability · The Bombay High Court has answered in negative the question as to whether the settlement between the parties in the proceedings under Sections 47 and 48 of the Arbitration and Conciliation Act, 1996, under which the arbitral award for damages stood settled between the parties, would amount to ‘supply’ under Section 7(1) of the CGST Act, 2017.
Interest on refund of amount deposited on directions of Court – Customs Sections 27 and 27A are not applicable · 2026-05-26 · Customs · https://www.lkslaw.com/insights/news/interest-on-refund-of-amount-deposited-on-directions-of-court-customs-sections-27-and-27-a-are-not-applicable · CESTAT New Delhi has held that Sections 27 and 27A of the Customs Act, 1962 would not be applicable in the case of refund of amount deposited by the assessee on the directions of the Supreme Court.
Release of detained consignment under Section 129 – Adjudication of ownership is not relevant · 2026-05-26 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/release-of-detained-consignment-under-section-129-adjudication-of-ownership-is-not-relevant · The Calcutta High Court has held that adjudication on ownership of goods is of no relevance in a case where the petition was filed for release of detained consignment in terms of Section 129 of the CGST Act, 2017. The Department had disputed ownership, quality and quantity of the subject goods and objected the authenticity and veracity of tax invoices and e-way bills.
Process of cutting, grooving, and assembling of the aluminium composite panels, for use in structures, does not amount to ‘manufacture’ · 2026-05-19 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/process-of-cutting-grooving-and-assembling-of-the-aluminium-composite-panels-for-use-in-structures-does-not-amount-to-manufacture · The Supreme Court has held that process of cutting, grooving and assembling of aluminium composite panels (ACPs) does not amount to ‘manufacture’ under Section 2(f) of the Central Excise Act, 1944. The Apex Court in Alupro Building Systems Pvt. Ltd. v. Commissioner noted the following:
Trademarks – No appeal maintainable against HC’s Single Bench decision in appeal against Registrar’s decision · 2026-05-18 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-no-appeal-maintainable-against-hc-s-single-bench-decision-in-appeal-against-registrar-s-decision · The Division Bench of the Calcutta High Court has held that prohibition under Section 100A of the Code of Civil Procedure, 1908 will apply for filing appeal before the Division Bench against the decision of the Single Bench of the High Court wherein the Single Bench had exercised powers under Section 91 of the Trade Marks Act, 1999, i.e., passed an Order against the decision of the Registrar acting under the said Act.
United States sanctions Iran’s IRGC oil operations · 2026-05-14 · International Trade and WTO · https://www.lkslaw.com/insights/news/united-states-sanctions-iran-s-irgc-oil-operations · On 11 May 2026,[1] the United States Office of Foreign Assets Control (‘OFAC’) sanctioned 12 individuals and entities of enabling the Islamic Revolutionary Guard Corps’ (‘IRGC’) sale and shipment of Iranian oil to the People’s Republic of China.
Anti-dumping duty – Non cooperative exporter – Related party – Existence of Pledge Agreement is not a relevant factor for determining relationship · 2026-05-13 · International Trade and WTO · https://www.lkslaw.com/insights/news/anti-dumping-duty-non-cooperative-exporter-related-party-existence-of-pledge-agreement-is-not-a-relevant-factor-for-determining-relationship · In a case where the foreign exporter (‘appellant’) was considered as ‘non-cooperative’ because another company (‘other company’), which was alleged as related party to the appellant, had not participated in the anti-dumping investigation, the CESTAT Anti-dumping Bench has held that existence of a Pledge Agreement is not a relevant factor for determining relationship between the appellant and the other company.
Corporate Guarantees issued without consideration not taxable under GST: Bombay High Court (Nagpur Bench) · 2026-05-12 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/corporate-guarantees-issued-without-consideration-not-taxable-under-gst-bombay-high-court-nagpur-bench · M/s D.P. Jain & Co. Infrastructure Private Limited (‘petitioner’) was engaged in the business of highway construction & inter alia had three subsidiaries. During the period 2020 to 22, the petitioner had issued three separate corporate guarantees in favor of a bank on behalf of each subsidiary for the loan taken by such subsidiary.
RoDTEP – Goods not totally ‘restricted’ if appropriate quota allows export subject to certain approval · 2026-05-03 · Customs · https://www.lkslaw.com/insights/news/ro-dtep-goods-not-totally-restricted-if-appropriate-quota-allows-export-subject-to-certain-approval · The Bombay High Court has reiterated that benefit of RoDTEP would be available on export of white refined sugar at a time when export of sugar was restricted.
Conversion of waste PET bottles into PET flakes is not ‘manufacture’ · 2026-04-29 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/conversion-of-waste-pet-bottles-into-pet-flakes-is-not-manufacture · The CESTAT Chennai has held that conversion of waste Polyethylene Terephthalate (‘PET’) bottles into PET flakes does not amount to ‘manufacture’ as per Section 2(f) of the Central Excise Act, 1944.
Corporate guarantees giving rise to liability for repayment of money borrowed constitute ‘financial debt’ – Technical lapses are immaterial · 2026-04-28 · Insolvency · https://www.lkslaw.com/insights/news/corporate-guarantees-giving-rise-to-liability-for-repayment-of-money-borrowed-constitute-financial-debt-technical-lapses-are-immaterial · The Supreme Court has recently held that the corporate guarantees which were executed before the Corporate Debtor was declared as a Non-Performing Asset, are to be constituted as ‘financial debt’ under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (‘IBC’). The appeal was preferred by the SBI Consortium (‘Appellant’) arising from the order passed by the National Company Law Appellate Tribunal (‘NCLAT’).
India-New Zealand Free Trade Agreement signed · 2026-04-27 · International Trade and WTO · https://www.lkslaw.com/insights/news/india-new-zealand-free-trade-agreement-signed · India and New Zealand have on 27 April 2026 signed a Free Trade Agreement (FTA). The negotiations were officially launched on 16 March 2025 and after five formal rounds of negotiations and several intersessions, the Agreement was concluded on 22 December 2025. It will enter into force after the completion of all domestic procedures and ratification in both countries.
Demand invoking Section 76 is not justified when tax is paid through another distinct person in same State · 2026-04-26 · GST Consultancy · https://www.lkslaw.com/insights/news/demand-invoking-section-76-is-not-justified-when-tax-is-paid-through-another-distinct-person-in-same-state · The Madras High Court has quashed a show cause notice issued under Section 76 of the CGST Act, 2017 wherein the Department had not considered the payment made by the assessee through the other registration in the same State.
Consolidated show cause notice for multiple financial years/tax periods – Bombay High Court refers issue to its Larger Bench · 2026-04-19 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/consolidated-show-cause-notice-for-multiple-financial-years-tax-periods-bombay-high-court-refers-issue-to-its-larger-bench · The Division Bench of the Bombay High Court has referred to the Larger Bench the question of issuance of consolidated show cause notices by the Revenue department for multiple financial years/tax periods.
Designs – Graphic User Interface satisfies criteria of a design and is eligible for registration under Designs Act · 2026-04-16 · Intellectual Property · https://www.lkslaw.com/insights/news/designs-graphic-user-interface-satisfies-criteria-of-a-design-and-is-eligible-for-registration-under-designs-act · The Single Bench of the Calcutta High Court has answered in affirmative the question as to whether a Graphic User Interface (‘GUI’) satisfies the criteria of a ‘design’ making it eligible for registration under the Designs Act, 2000. Observing that there is no per se exclusion for GUIs under Section 2(d) of the Designs Act, the Court rejected the Controller’s view that there is no explicit provision under the Act entailing protection of GUI within the scope of Sections 2(a) and 2(d), defining ‘article’ and ‘design’ respectively.
Insolvency and Bankruptcy Code (Amendment)Act, 2026 · 2026-04-12 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-and-bankruptcy-code-amendment-act-2026 · The IBC Amendment Act, 2026 marks a transformative leap forward in India’s insolvency regime with much emphasis on fortifying efficiencies and enhancing predictability. Key reforms range from swift judicial supervision upon established defaults and recalibrating the approach to prioritise resolution over liquidation at all times.
Goods supplied from SEZ to individual customers in DTA for personal use are not covered under TI 9804 90 00 · 2026-04-06 · Customs · https://www.lkslaw.com/insights/news/goods-supplied-from-sez-to-individual-customers-in-dta-for-personal-use-are-not-covered-under-ti-9804-90-00 · The CESTAT Chennai has held that laptops, desktops and monitors cleared from SEZ to the DTA, to individual customers for their personal use, are classifiable under Tariff Items 8471 30 10, 8471 50 00 and 8528 52 00. Department’s submission that the goods would be classifiable under TI 9804 90 00 covering ‘All dutiable articles, intended for personal use’, was thus rejected. According to the Tribunal the specified goods were neither ‘dutiable goods’ nor were ‘imported for personal use’. It was observed that,
West Asia conflict – Relief measures by Ministries of Finance and Commerce to help exporters · 2026-03-31 · Customs · https://www.lkslaw.com/insights/news/west-asia-conflict-relief-measures-by-ministries-of-finance-and-commerce-to-help-exporters · The Indian Customs authorities have introduced number of relief measures to help the exporters where exports are facing disruptions due to the ongoing West Asia conflict, closure of Strait of Hormuz and the consequent disruption in maritime routes. Circulars Nos. 9/2026-Cus., 10/2026-Cus., 12/2026-Cus., and 15/2026-Cus. have been issued for this purpose by the CBIC, while Ministry of Commerce has notified the time limited support for Indian exporters – Resilience & Logistics Intervention for Export Facilitation (‘RELIEF’), under the Export Promotion Mission. For RELIEF, refer DGFT Notification No. 65/2026, dated 19 March 2026. CBIC Circulars are summarized below.
ISD – ‘Distribution in a month’ in Rule 39(1)(a) to mean distribution in the month when the registered person becomes entitled to ITC in terms of Section 16(2) · 2026-03-30 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/isd-distribution-in-a-month-in-rule-39-1-a-to-mean-distribution-in-the-month-when-the-registered-person-becomes-entitled-to-itc-in-terms-of-section-16-2 · The Madras High Court has rejected the submission of the Revenue department that for distribution of Input Tax Credit under ISD mechanism, only the date of issuance of invoice is relevant. According to the Court, use of the expression ‘distribution of credit shall be upon receipt of invoices’ does not mean that distribution must take place even before the registered person is entitled to Input Tax Credit under Section 16(2) of the CGST Act, 2017.
Trademark – Use of ‘Lotus Splash’ for face cleanser is not descriptive – Division Bench sets aside rejection of interim injunction · 2026-03-29 · Intellectual Property · https://www.lkslaw.com/insights/news/trademark-use-of-lotus-splash-for-face-cleanser-is-not-descriptive-division-bench-sets-aside-rejection-of-interim-injunction · In a case where the appellant/plaintiff had been using the mark ‘Lotus’ for various cosmetics and hygiene products, while the defendant was using the mark ‘Lotus Splash’ for face cleanser, the Delhi High Court has set aside the rejection of the application for interim relief. Allowing the appeal, the Court was of the view that the respondent was not entitled to the defence available under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999
External Commercial Borrowing Framework amended - Key takeaways · 2026-03-22 · General Corporate · https://www.lkslaw.com/insights/news/external-commercial-borrowing-framework-amended-key-takeaways · The Reserve Bank of India (‘RBI’) has issued the Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026 (‘Amended Regulations’), effecting significant amendments to the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 (‘Principal Regulations’), including modifications to eligibility criteria, end‑use restrictions, minimum maturity period, borrowing limits, cost of borrowing, and several other aspects.
Patent revocation – Identity of claims in suit patent and prior art is only required for Section 64(1)(a) to apply · 2026-03-19 · Intellectual Property · https://www.lkslaw.com/insights/news/patent-revocation-identity-of-claims-in-suit-patent-and-prior-art-is-only-required-for-section-64-1-a-to-apply · The Delhi High Court has observed that Section 64(1)(a) of the Patents Act, 1970 would apply only where the claim in the suit patent is claimed in an earlier granted patent. The Court noted that what matters is not the invention per se, but the extent to which the invention is claimed in the claim of the suit patent, as there is no reference to disclosure, or coverage, or obviousness, or ‘newness’ or novelty. It was also, in this regard, noted that the requirement of a claim-to-claim comparison was also as per Section 13(1)(b), and that the ‘person skilled in the art’ has no role to play, while applying Section 64(1)(a).
USA initiates Section 301 investigations into global manufacturing overcapacity, targeting several countries including India · 2026-03-12 · International Trade and WTO · https://www.lkslaw.com/insights/news/usa-initiates-section-301-investigations-into-global-manufacturing-overcapacity-targeting-several-countries-including-india · On 11 March 2026, the Office of the United States Trade Representative (‘USTR’) initiated investigations under Section 301 of the U.S. Trade Act of 1974 (‘Section 301’) into the policies of several economies concerning excess capacity and production in manufacturing sectors.
Penalty under Section 122(1A) on employees – Words ‘any person’ in said provision are required to be understood in context of ‘taxable person’ · 2026-02-22 · GST Consultancy · https://www.lkslaw.com/insights/news/penalty-under-section-122-1-a-on-employees-words-any-person-in-said-provision-are-required-to-be-understood-in-context-of-taxable-person · The Bombay High Court has allowed the petition filed by the Chief Financial Officer, Chief Executive Officer and Director and Joint Managing Director of a taxpayer/company in a case where personal penalty was imposed on them under Section 122(1A) of the CGST Act, 2017. The company had allegedly wrongfully availed and passed the ITC.
Trademarks – Filing of evidence in case of opposition – Rule 46(2) held ultra vires Section 21 and read down to mean deemed abandonment of letting in evidence only · 2026-02-19 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-filing-of-evidence-in-case-of-opposition-rule-46-2-held-ultra-vires-section-21-and-read-down-to-mean-deemed-abandonment-of-letting-in-evidence-only · The Madras High Court has held Rule 46(2) of the Trade Marks Rules, 2017 to be ultra vires Section 21 of the Trade Marks Act, 1999. Rule 46(1) provides for filing of evidence in support of the application for registration of trademark and sub-rule (2) of the said Rule states that ‘If an applicant takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his application’. Section 21 talks about opposition to registration.
Refund – Limitation under Section 54 is not applicable when tax mistakenly paid twice, once through ITC and second time by cash · 2026-02-17 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/refund-limitation-under-section-54-is-not-applicable-when-tax-mistakenly-paid-twice-once-through-itc-and-second-time-by-cash · The Orissa High Court has observed that the nature of refund claim in a case where tax was mistakenly paid twice, once by utilizing credit ledger and second time though cash, falls within the fold of Article 265 of the Constitution of India, and not under Section 54 of the CGST Act, 2017.
Classification of goods – Application of common/trade parlance test, and consideration of ‘use’ – SC draws principles · 2026-02-15 · Customs · https://www.lkslaw.com/insights/news/classification-of-goods-application-of-common-trade-parlance-test-and-consideration-of-use-sc-draws-principles · The Supreme Court of India has culled out certain governing principles with regard to application of the common or trade parlance test and for consideration of ‘use’, while dealing with classification disputes under taxation laws.
Salary payment to foreign national employees when does not attract IGST · 2026-02-12 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/salary-payment-to-foreign-national-employees-does-not-attract-igst · The Karnataka High Court has recently overruled the Revenue Department’s contention that the assessee (a multi-national company) was liable to pay IGST under reverse charge mechanism (‘RCM’) based on the remuneration paid to the foreign national employees for the period 2018-19 to 2022-23 as the same tantamounts to import of Manpower Recruitment and Supply Services. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here in Huawei Technologies India Private Limited v. State of Karnataka.
GST – Discount Schemes and Credit Notes changes by Budget 2026 · 2026-01-31 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/gst-discount-schemes-and-credit-notes-changes-by-budget-2026 · Section 15(3) of CGST Act allows deduction of eligible discounts from the value of supply, subject to condition that the discount was known and agreed upon before or at the time of supply and linked to the relevant tax invoice.
Union Budget 2026 – Changes in Customs law and duty rates · 2026-01-31 · Customs · https://www.lkslaw.com/insights/news/union-budget-2026-changes-in-customs-law-and-duty-rates · The Union Budget was presented in the Lower House (Lok Sabha) of the Indian Parliament today, i.e., 1 February 2026. Some of the major changes in the Customs law, including the changes in the rate of customs duties for certain specified goods, as per the Finance Bill, 2026 and the Customs notifications issued today, are highlighted below.
Lakshmikumaran and Sridharan Attorneys advised Inox Clean Energy Limited on acquisition of wind-solar portfolio from Macquarie · 2026-01-01 · Mergers & Acquisitions · https://www.lkslaw.com/insights/news/lakshmikumaran-and-sridharan-attorneys-advised-inox-clean-energy-limited-on-acquisition-of-wind-solar-portfolio-from-macquarie · New Delhi, January 02, 2026: Lakshmikumaran & Sridharan Attorneys (“LKS”) advised Inox Clean Energy Limited (“Inox”), a part of the INOXGFL Group, in relation to its acquisition of a 1,337 MW renewable energy platform from Macquarie Corporate Holdings Pty Limited (“Macquarie”) and other shareholders. The platform comprises of a diversified renewable energy portfolio of wind, solar and hybrid projects, with around 800 MW currently operational across multiple Indian states.
Trademarks – Even clipped version of INNs barred by Section 13 of Trade Marks Act · 2025-12-22 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-even-clipped-version-of-in-ns-barred-by-section-13-of-trade-marks-act · The Bombay High Court has held that the use of the words ‘deceptively similar to such name’ in Section 13 of the Trade Marks Act, 1999 takes within its fold even the clipped version. Section 13 prohibits registration of names of chemical elements or international non-proprietary names (‘INN’).
Foreign Trade Policy benefits cannot be issued or withdrawn retrospectively – Exporters can claim benefit only when valid scheme is in operation · 2025-12-19 · Customs · https://www.lkslaw.com/insights/news/foreign-trade-policy-benefits-cannot-be-issued-or-withdrawn-retrospectively-exporters-can-claim-benefit-only-when-valid-scheme-is-in-operation · The Delhi High Court has partly allowed a writ petition filed by an Association of Chillies Exporters, challenging the foreclosure of the Transport and Marketing Assistance Scheme for Specified Agricultural Products notified by Notification No. 9 September 2021, by Notification dated 25 March 2022. The Court held that while the Central Government lacks statutory power under the Foreign Trade law to issue or withdraw export incentive schemes retrospectively, exporters cannot claim incentives for a period when no valid scheme was in operation.
Interest and penalty recovered by foreman from defaulting chit fund subscribers are not liable to GST · 2025-12-14 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/interest-and-penalty-recovered-by-foreman-from-defaulting-chit-fund-subscribers-are-not-liable-to-gst · The Andhra Pradesh High Court has held that the interest and penalty, recovered by a foreman, in relation to default in payment of installments by the chit fund subscribers would not be exigible to tax under the GST provisions. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here.
IGST, and not CGST, is payable when goods handed over to common carriers for transportation to another State · 2025-12-04 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/igst-and-not-cgst-is-payable-when-goods-handed-over-to-common-carriers-for-transportation-to-another-state · In a case where the assessee handed over the goods to the common carrier for the purpose of delivery to the ultimate destination outside the State of Karnataka, the Karnataka High Court has held that the supply of goods was inter-State supply and not intra-State supply so as to attract CGST/KGST. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here.
Patents – No mandatory requirement of mediation in a suit alleging continuing infringement, even if the suit is delayed · 2025-11-19 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-no-mandatory-requirement-of-mediation-in-a-suit-alleging-continuing-infringement-even-if-the-suit-is-delayed · The Supreme Court of India has answered in affirmative the issue as to whether a suit alleging continuing infringement of patent and design rights, accompanied by a prayer for interim injunction, can be said to contemplate ‘urgent relief’ within the meaning of Section 12A of the Commercial Courts Act, 2015, notwithstanding certain delay in the institution of the suit.
RBI relaxes timeline for export realisation and for shipment against advance payments · 2025-11-17 · General Corporate · https://www.lkslaw.com/insights/news/rbi-relaxes-timeline-for-export-realisation-and-for-shipment-against-advance-payments · The Reserve Bank of India has on 13 November 2025 introduced an amendment to the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015.
Reforming foreign office establishment norms in India – New draft regulations issued · 2025-10-22 · General Corporate · https://www.lkslaw.com/insights/news/reforming-foreign-office-establishment-norms-in-india-new-draft-regulations-issued · The Reserve Bank of India (‘RBI’) as a part of its continued efforts has been taking effective measures to promote ease of doing business in India. Pursuant to the same, as announced in the RBI’s Statement on Developmental and Regulatory Policies dated 1 October 2025, the RBI released the Draft Foreign Exchange Management (Establishment in India of a Branch or Office) Regulations, 2025 (‘Draft Regulations’) on 3 October 2025. The Draft Regulations mark a transition to an investor friendly legal framework and easier access to Indian market.
Patents – Court clarifies scope of exclusion from patentability under Section 3(i) [treatment of human beings], but gives different findings on facts in different disputes · 2025-10-21 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-court-clarifies-scope-of-exclusion-from-patentability-under-section-3-i-treatment-of-human-beings-but-gives-different-findings-on-facts-in-different-disputes · In a case involving interpretation of Section 3(i) of the Patents Act, 1970, the Delhi High Court has observed that a nuanced interpretation is warranted – one that excludes only those methods which directly implicate professional judgment and involve invasive or high-risk procedures, while allowing for the patenting of ancillary tools, devices, and non-invasive methods, especially those practiced in vitro or outside the human/animal body. According to the Court, such an approach would uphold the delicate balance between incentivising innovation in health-related technology and preserving unhindered access to performing essential medical procedures.
Export refund – Omission of Rules 89(4B) and 96(10) – Pending proceedings to lapse · 2025-10-14 · GST Consultancy · https://www.lkslaw.com/insights/news/export-refund-omission-of-rules-89-4-b-and-96-10-pending-proceedings-to-lapse · The Bombay High Court has upheld the contention of the assessee that in absence of any saving clause in the omission of Rules 89(4B) and 96(10) of the Central Goods and Service Tax Rules, 2017, all pending proceedings, in respect of non-compliance with the conditions prescribed in the said Rules, would stand lapsed.
Impact of GST Rate Changes on the FMCG Sector · 2025-09-09 · GST Consultancy · https://www.lkslaw.com/insights/news/impact-of-gst-rate-changes-on-the-fmcg-sector
Impact of GST Rate Changes on the Electronics Sector · 2025-09-09 · GST Consultancy · https://www.lkslaw.com/insights/news/impact-of-gst-rate-changes-on-the-electronics-sector
Impact of GST Rate Changes on the Automotive Sector · 2025-09-09 · GST Consultancy · https://www.lkslaw.com/insights/news/impact-of-gst-rate-changes-on-the-automotive-sector
Impact of GST Rate Changes on the Health and Pharma Sector · 2025-09-07 · GST Consultancy · https://www.lkslaw.com/insights/news/impact-of-gst-rate-changes-on-the-health-and-pharma-sector
Impact of GST Rate Changes on the Oil & Gas and Renewable Energy Sectors · 2025-09-07 · GST Consultancy · https://www.lkslaw.com/insights/news/impact-of-gst-rate-changes-on-the-oil-and-gas-and-renewable-energy-sectors
Revision of MRP in case of change GST Rate: GST 2.0 Reforms · 2025-09-07 · General Corporate · https://www.lkslaw.com/insights/news/revision-of-mrp-in-case-of-change-gst-rate-gst-2-0-reforms
Impact of GST Rate Changes on the Logistic Sector · 2025-09-07 · GST Consultancy · https://www.lkslaw.com/insights/news/impact-of-gst-rate-changes-on-the-logistic-sector
Infringement of process patent – Onus of proof shifts on defendant under Section 104A only when plaintiff proves that products are identical · 2025-08-18 · Intellectual Property · https://www.lkslaw.com/insights/news/infringement-of-process-patent · Observing that the plaintiffs failed to fulfil the mandatory requirements of Section 104A of the Patents Act, 1970, the Delhi High Court has held that no direction can be issued to the defendant to disclose its manufacturing process filed in a sealed cover.
Time limit for SCN and adjudication under Section 73 – Notifications Nos. 9 and 56/2023-CT are illegal · 2025-08-07 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/time-limit-for-scn-and-adjudication-under-section-73-notifications-nos-9-and-56-2023-ct-are-illegal · The Madras High Court has held that Notifications Nos. 9 and 56/2023-Central Tax, issued for the purpose of increasing the time limits for issuance of SCN and adjudication under Section 73 of the CGST Act, 2017 are illegal and are vitiated for the following reasons.
Parallel proceedings by State and Central Authorities when permissible/not permissible · 2025-08-06 · GST Consultancy · https://www.lkslaw.com/insights/news/parallel-proceedings-by-state-and-central-authorities-when-permissible-not-permissible
Report of Expert Committee on positioning GIFT IFSC as Global Commodity Trading Hub · 2025-08-05 · Commercial Litigation · https://www.lkslaw.com/insights/news/report-of-expert-committee-on-positioning-gift-ifsc-as-global-commodity-trading-hub · The International Financial Services Centre Authority (IFSCA) had constituted an Expert Committee on Positioning GIFT IFSC as a Global Commodity Trading Hub (‘Committee’) in May 2024 to enable commodity trading in the International Financial Services Centre, GIFT City, Gandhinagar (‘IFSC’) with an aim to integrate IFSC ecosystem with global trade flow and capitalise on the integration opportunities with the global commodity hubs.
Secondment of expats from overseas group entities when is not liable to GST · 2025-07-23 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/secondment-of-expats-from-overseas-group-entities-when-is-not-liable-to-gst · The Karnataka High Court has on 15 July 2025 allowed the writ petition against the demand of IGST in the case involving secondment of expats by the assessee from the overseas group entities. The Department in the case Alstom Transport India Limited v. Commissioner had alleged that the activity amounted to receipt of manpower and recruitment services from abroad and was thus liable to IGST under reverse charge. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here.
Export refund – Prospective omission of Rule 96(10) of CGST Rules and retro-active applicability to pending proceedings · 2025-07-18 · GST Consultancy · https://www.lkslaw.com/insights/news/export-refund-prospective-omission-of-rule-96-10-of-cgst-rules-and-retro-active-applicability-to-pending-proceedings
Patent infringement – Denial of interim injunction for absence of essential elements of suit patent, non-working of the patent and delay in filing the suit · 2025-07-17 · Intellectual Property · https://www.lkslaw.com/insights/news/patent-infringement-denial-of-interim-injunction-for-absence-of-essential-elements-of-suit-patent-non-working-of-the-patent-and-delay-in-filing-the-suit · The Delhi High Court dismissed Conqueror Innovations’s plea for an interim injunction against Xiaomi, finding no prima facie case of patent infringement over its 'Find Device' feature. The Court held the balance of convenience favored Xiaomi, which has sold such devices since 2014, and noted that any harm to the plaintiffs could be compensated by damages. The case will proceed to trial. The defendant was represented by Lakshmikumaran & Sridharan Attorneys here.
Substitution of assets attached by the Enforcement Directorate under PMLA: SC · 2025-07-07 · Economic Offences · https://www.lkslaw.com/insights/news/substitution-of-assets-attached-by-the-enforcement-directorate-under-pmla-sc · In a recent case, the Hon’ble Supreme Court has passed an order (‘Order’) , allowing the substitution of provisionally attached assets with unencumbered, marketable commercial units offered by the Petitioner subject to the satisfaction of certain conditions.
Refund of IGST on exports – Rule 96(10) stands omitted prospectively but is not applicable to pending proceedings · 2025-07-01 · GST Consultancy · https://www.lkslaw.com/insights/news/refund-of-igst-on-exports-rule-96-10-stands-omitted-prospectively-but-is-not-applicable-to-pending-proceedings · The Gujarat High Court has held that Rule 96(10) of the Central Goods and Services Tax Act, 2017 would stand omitted prospectively but would not be applicable to pending proceedings/cases where final adjudication has not taken place. Number of assessees were represented by Lakshmikumaran & Sridharan Attorneys here.
Discharge of a person in predicate offence is not a bar on investigation under PMLA · 2025-06-10 · Direct Tax · https://www.lkslaw.com/insights/news/discharge-of-a-person-in-predicate-offence-is-not-a-bar-on-investigation-under-pmla · In this case[1], the Petitioner was implicated in offence of commission of offence of illicit manufacturing, marketing and transportation of a cough syrup under Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) through two complaints filed by the Narcotics Control Bureau (‘NCB’) before the Special NDPS Court, Jammu (‘Trial Court’).
Supplies to merchant exporters qualify as ‘export of goods’ – GST Council urged to consider exempting compensation cess on such supplies · 2025-05-22 · GST Consultancy · https://www.lkslaw.com/insights/news/supplies-to-merchant-exporters-qualify-as-export-of-goods · The Gujarat High Court has observed that supplies to merchant exporters also qualify as ‘export of goods’. It was thus held that the assessee manufacturer is not liable to pay compensation cess at the rate of 160% on the supply of goods, i.e. branded tobacco products, to the merchant exporters for exports.
Patents – Section 3(b) is the intent principle and not the effect or harm principle · 2025-05-15 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-section-3-b-is-the-intent-principle-and-not-the-effect-or-harm-principle · The Calcutta High Court has set aside the rejection of grant of patent for an invention titled ‘A device and method for generating and delivery of a Nicotine Aerosol to a user’, where the invention provided a parallel design device that delivers nicotine to the users without burning or heating of tobacco and/or nicotine.
NCLAT cannot condone delay in filing appeal beyond 15 days Introduction · 2025-05-08 · Commercial Litigation · https://www.lkslaw.com/insights/news/nclat-cannot-condone-delay-in-filing-appeal-beyond-15-days-introduction · Recently, the Supreme Court vide its Order dated 7 May 2025 passed in the case of Tata Steel Ltd. v. Raj Kumar Banerjee and Ors. in C.A. No. 408 of 2023, while allowing the appeal, reiterated that the NCLAT cannot condone any delay in filing an appeal beyond the period of 15 days as stipulated under the statute.
No interest and penalty on IGST on imports, before amendment to Customs Tariff Section 3(12) · 2025-04-24 · Customs · https://www.lkslaw.com/insights/news/no-interest-and-penalty-on-igst-on-imports-before-amendment-to-customs-tariff-section-3-12 · The Bombay High Court has held that interest and penalty are not leviable on IGST not paid on imports, before the amendment to Section 3(12) of the Customs Tariff Act, 1975 by the Finance (No. 2) Act, 2024. The Court relied upon its earlier decision in the case of Mahindra & Mahindra which was upheld by the Supreme Court.
Intersection of Design and Copyright laws – Supreme Court of India formulates two-pronged approach · 2025-04-21 · Intellectual Property · https://www.lkslaw.com/insights/news/intersection-of-design-and-copyright-laws · In a dispute involving intersection of copyright and design laws, the Supreme Court of India has formulated a two-pronged approach to solve the conundrum caused by Section 15(2) of the Copyright Act, 1957, to ascertain whether a work is qualified to be protected by the Designs Act, 2000.
No IGST under Section 3(7) of Customs Tariff Act on reimports after repairs abroad · 2025-03-19 · Customs · https://www.lkslaw.com/insights/news/no-igst-under-section-3-7-of-customs-tariff-act-on-reimports-after-repairs-abroad · The Delhi High Court has held that Notification No. 36/2021-Cus., amending Notification No. 45/2017-Cus., insofar as it purports to levy an additional levy over and above the IGST imposed under Section 5(1) of the IGST Act, 2017, by adding the words ‘….tax and cess’ is unconstitutional and ultra vires the IGST Act.
Patents – Non-compliance of disclosure norms under Sections 10(4) and (5) leading to non-patentability under Section 3(c) · 2025-03-17 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-non-compliance-of-disclosure-norms-under-sections-10-4-and-5-leading-to-non-patentability-under-section-3-c · The Delhi High Court has upheld the Controller’s order refusing a patent application under Section 3(c) of the Patents Act, 1970, as certain claims of the application were too broad and thus would also cover naturally existing variants of the microorganism. Further, according to the Controller, the claims were not sufficiently disclosed as required under Sections 10(4) and 10(5) of the Patents Act.
Rectification of trademark entry – Only High Court exercising appellate jurisdiction over Registrar, who made the entry, has jurisdiction · 2025-03-10 · Intellectual Property · https://www.lkslaw.com/insights/news/rectification-of-trademark-entry · The Madras High Court has held that the particular High Court referred to in Sections 47 and 57 of the Trade Marks Act, 1999 (relating to rectification of a trademark) is the High Court exercising appellate jurisdiction over the Registrar of Trade Marks, who made the entry, rectification of which is being sought.
Arrest powers under Customs and GST laws – Supreme Court clarifies · 2025-03-03 · Customs · https://www.lkslaw.com/insights/news/arrest-powers-under-customs-and-gst-laws-supreme-court-clarifies · The Supreme Court has on 27 February pronounced a detailed judgement on the powers of arrest under the Customs Act, 1962 and under the GST laws. Certain important points as stated by the Apex Court, including certain pre-conditions and safeguards to protect the life and liberty of the arrestees, are highlighted.
LKS advises LÄPPLE Group · 2025-02-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-advises-lapple-group · Lakshmikumaran and Sridharan Attorneys (LKS) advised and acted for Fibro India Precision Products Private Limited (Fibro India), a subsidiary of LÄPPLE AG, in the sale and transfer of its rotary table unit business to Fibro Rotary Tables India Private Limited (a newly formed entity of the acquirer), as part of LÄPPLE Group’s global restructuring.
Drawback available on mobile phones unlocked before exports by merchant exporter · 2025-02-24 · Customs · https://www.lkslaw.com/insights/news/drawback-available-on-mobile-phones-unlocked-before-exports-by-merchant-exporter · The Delhi High Court has held that the act of unlocking/activating mobile phones after they were manufactured would not disentitle the merchant-exporter from claiming duty drawback on subsequent export of the said mobile phones under Section 75 of the Customs Act, 1962 read with the Customs and Central Excise Duties Drawback Rules, 2017. The exporter-petitioner was represented by Lakshmikumaran & Sridharan Attorneys here.
Patents – Appeal to High Court against order-in-review issued under Section 77(1)(f) when maintainable · 2025-02-20 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-appeal-to-high-court-against-order-in-review-issued-under-section-77-1-f-when-maintainable · The Madras High Court has observed that a statutory appellate remedy under Section 117-A of the Patents Act, 1970 is not provided for against an order-in-review issued under Section 77(1)(f).
New Income Tax Bill, 2025 – Highlights · 2025-02-15 · Direct Tax · https://www.lkslaw.com/insights/news/new-income-tax-bill-2025-highlights · The Finance Minister of India has tabled the new Income Tax Bill, 2025 before the Parliament on 13 February 2025. The bill seeks to replace the existing Income Tax Act, 1961 with a linguistically simplified and structurally rationalized piece of legislation.
Union Budget 2025 – Changes made/proposed in Customs law and duty rates · 2025-02-02 · Customs · https://www.lkslaw.com/insights/news/union-budget-2025-changes-made-proposed-in-customs-law-and-duty-rates · The Union Budget 2025-26 was presented in the lower house (Lok Sabha) of the Indian Parliament on 1 February 2025. Number of changes have been made or proposed in the Customs law – both legislative changes and changes related to rate of duty. A few important changes are highlighted below.
LKS advises shareholders of Oremus Corporate Services · 2025-01-30 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-advises-shareholders-of-oremus-corporate-services · Lakshmikumaran and Sridharan Attorneys advised and acted for the shareholders of Oremus Corporate Services Private Limited (‘Company’) in their exit and the eventual acquisition of the Company by Fornax Corporate Services Private Limited.
Patent revocation petition is maintainable even if defence of invalidity of suit patent taken in an infringement suit · 2025-01-20 · Intellectual Property · https://www.lkslaw.com/insights/news/patent-revocation-petition-is-maintainable-even-if-defence-of-invalidity-of-suit-patent-taken-in-an-infringement-suit · The Delhi High Court has in its Judgement dated 15 January 2025 held that a revocation petition is maintainable even if the petitioner had filed a written statement, taking a defence of invalidity of the suit patent under Section 107 of the Patents Act, in an infringement suit filed by the patentee. It was also held that a revocation petition can be filed or sustained (if already filed) after the expiry of the term of the patent.
LKS advises IndiaMART InterMESH Limited · 2025-01-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-advises-indiamart-intermesh-limited · Lakshmikumaran & Sridharan Attorneys (LKS) acted as legal counsel for IndiaMART InterMESH Limited (‘IndiaMART’), India’s largest B2B marketplace, in secondary acquisition of securities of Mobisy Technologies Private Limited (‘Mobisy’).
Draft Digital Personal Data Protection Rules 2025 released · 2025-01-06 · Data Protection & TMT · https://www.lkslaw.com/insights/news/draft-digital-personal-data-protection-rules-2025-released · The draft Digital Personal Data Protection Rules, 2025 have been released on 3 January 2025, over a year since the passing of the Digital Personal Data Protection Act, 2023, for public consultation and feedback. The Rules provide a much-needed operational framework based on which the DPDPA would apply to various entities, and provide further clarifications and guidance on the scope, extent and nature of various obligations.
Telecommunication towers are not immovable property – ITC is not deniable under Section 17(5)(d) · 2025-01-03 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/telecommunication-towers-are-not-immovable-property-itc-is-not-deniable-under-section-17-5-d · The Delhi High Court has held that telecommunication towers would not fall within the ambit of Section 17(5)(d) of the CGST Act and thus denial of input tax credit is consequently not sustainable.
55th GST Council Meeting – Highlights · 2024-12-23 · GST Consultancy · https://www.lkslaw.com/insights/news/55th-gst-council-meeting-highlights · The 55th GST Council Meeting was held in Jaisalmer on 21 December 2024. The Council has recommended on number of issues including on rate of tax on various goods and services, measures for facilitation of trade and for streamlining compliances, and various other measures pertaining to law and procedures. Few of the important measures/changes as recommended by the Council and stated in the Ministry of Finance Press Release are highlighted below.
Zinc sulphate (agriculture grade) is a fertilizer – Sulphuric acid for manufacture of said item is eligible for exemption · 2024-12-18 · Customs · https://www.lkslaw.com/insights/news/zinc-sulphate-agriculture-grade-is-a-fertilizer-sulphuric-acid-for-manufacture-of-said-item-is-eligible-for-exemption · The Larger Bench of the CESTAT has on 12 December 2024 held that an assessee is eligible for benefit under Sl. No. 32 of Notification No. 4/2006-C.E., dated 1 March 2006 on procurement of sulphuric acid for manufacture of zinc sulphate (agriculture grade). Sl. No. 32 of the notification provided for nil rate of central excise duty on sulphuric acid used in the manufacture of fertilizers.
Patents – Filing of Divisional Application on the day of grant of patent in original application is not fatal · 2024-12-11 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-filing-of-divisional-application-on-the-day-of-grant-of-patent-in-original-application-is-not-fatal · The Madras High Court has quashed the Order passed by the Deputy Controller of Patents and Designs refusing to grant patent in respect of a Divisional Application on the ground that the same was filed after the grant of patent in respect of the original patent application filed by the applicant-appellant.
LKS triumphs in the 16th SILF Cricket Tournament 2024 · 2024-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-triumphs-in-the-16th-silf-cricket-tournament-2024 · Lakshmikumaran & Sridharan Attorneys is happy to share that its cricket team won the 16th edition of the Society of Indian Law Firms (SILF) Cricket Tournament 2024. The Final was played in Modern School, Barakhamba Road, New Delhi on 1 December 2024. LKS team led by captain Anurag Kapur defeated S&A Law by 6 runs in the Final match.
LKS advises IndiQus Technologies · 2024-11-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-advises-indiqus-technologies · Lakshmikumaran & Sridharan Attorneys (LKS) acted as legal counsel for IndiQus Technologies in connection with its acquisition by Yotta Data Services, a managed data center service provider owned by the Hiranandani Group. IndiQus Technologies, the parent organization of Apiculus, is a cloud platform provider that collaborates with telecom service providers (Telcos, ISPs, and data center providers) globally, enabling them to build profitable in-country cloud businesses.
Cenvat credit available on mobile towers and pre-fabricated buildings installed for providing output services · 2024-11-22 · GST Consultancy · https://www.lkslaw.com/insights/news/cenvat-credit-available-on-mobile-towers-and-pre-fabricated-buildings-installed-for-providing-output-services · The Supreme Court has on 20 November 2024 held that the telecom companies are entitled to avail Cenvat credit of the central excise duty paid on towers and shelters/Pre-fabricated buildings (PFBs) procured by them and installed/erected for providing output services of telecommunication services.
Extension of time limits provided by TOLA applies to limitation period provided for reopening of assessment and for grant of sanction · 2024-10-23 · Direct Tax · https://www.lkslaw.com/insights/news/extension-of-time-limits-provided-by-tola-applies-to-limitation-period-provided-for-reopening-of-assessment-and-for-grant-of-sanction · The provisions relating to reopening of assessments, as they stood prior to the Finance Act, 2021, were contained in Sections 147 to 151 of the Act (‘Old Law’). Under the Old Law, if the AO had reasons to believe that an income chargeable to tax has escaped assessment, then the AO could reopen the assessment by issuing a notice u/s. 148 of the Act. Such notice could have been issued within 4 / 6 years from end of relevant assessment year.
GST – ITC is available on construction of ‘plant’ for letting out · 2024-10-10 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/gst-itc-is-available-on-construction-of-plant-for-letting-out · The Supreme Court has held that if the building in which the premises are situated qualifies for a ‘plant’, Input Tax Credit (ITC) can be allowed on goods and services used in setting up the immovable property, which is a plant.
LKS advises Krsnaa Diagnostics · 2024-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-advises-krsnaa-diagnostics · Lakshmikumaran and Sridharan advised Krsnaa Diagnostics Limited, a listed entity on its acquisition of 23.35% stake in Apulki Healthcare Private Limited. Apulki specialises in operating cancer and cardiac care hospitals in public-private partnership (PPP) mode.
Compressors used in car air-conditioners are classifiable under TI 8414 80 11 – SC decision in Westinghouse distinguished · 2024-10-03 · Customs · https://www.lkslaw.com/insights/news/compressors-used-in-car-air-conditioners-are-classifiable-under-ti-8414-80-11-sc-decision-in-westinghouse-distinguished · The CESTAT Bench at Chennai has held that air compressors for use in car air-conditioners are classifiable under Tariff Item 8414 80 11 of the Customs Tariff Act, 1975 wherein Heading 8414 covers ‘Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters’. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here.
GST Council’s recommendation is mandatory if Central/State Act stipulates an act to be done on such recommendations · 2024-09-26 · GST Consultancy · https://www.lkslaw.com/insights/news/gst-council-s-recommendation-is-mandatory-if-central-state-act-stipulates-an-act-to-be-done-on-such-recommendations · The Gauhati High Court has held that the recommendations to be made by the GST Council, if required as per the provisions of the Central Act or the State Act, has to be construed to be a sine qua non for exercise of power by the Union or the State Government.
Free electricity to States is prima facie not ‘consideration’ – HP HC grants interim relief on GST demand, observing that service tax demand dropped · 2024-09-25 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/free-electricity-to-states-is-prima-facie-not-consideration · The Himachal Pradesh High Court has granted interim relief to the assessee in a case where the Revenue department had alleged that the supply of free electricity/power @12% to the States was nothing but ‘consideration’ towards licensing services rendered by the State governments.
LKS acts for Pacific Avenue Capital Partners · 2024-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-acts-for-pacific-avenue-capital-partners · Lakshmikumaran and Sridharan represented Pacific Avenue Capital Partners in connection with the Indian leg of a global transaction, involving the acquisition of substantially all the assets pertaining to the fire suppression systems and safety controls business of Kidde-Fenwal, Inc. across various jurisdictions, including the United States of America, United Kingdom and India.
54th Meeting of GST Council – Highlights of important recommendations · 2024-09-10 · GST Consultancy · https://www.lkslaw.com/insights/news/54th-meeting-of-gst-council-highlights-of-important-recommendations · The GST Council has yesterday (9th of September) in its 54th Meeting recommended a number of changes in rates of GST for various goods and services, while also recommending various measures for facilitation of trade and for streamlining compliances in GST. A few important measures and changes are highlighted below. It may be noted that these changes will come into force only after a suitable notification(s) and circular(s) are issued by the CBIC for the purpose.
LKS strengthens its leadership with six Partners promoted to Executive Partners · 2024-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-strengthens-its-leadership-with-six-partners-promoted-to-executive-partners · Lakshmikumaran & Sridharan attorneys, is a full-service law firm based in India, specializing in areas such as corporate & commercial laws, dispute resolution, taxation and intellectual property. The firm recently announced their senior-level promotions, elevating six lawyers from Partners to Executive Partners.
LKS elevates and strengthens leadership team · 2024-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-elevates-and-strengthens-leadership-team · The firm promoted 12 Associate Partners to Partners. This elevation aims at enhancing the firm's capability to deliver robust and valued solutions across its practice areas.
Direct Tax Vivad Se Vishwas Scheme, 2024 · 2024-07-31 · Direct Tax · https://www.lkslaw.com/insights/news/direct-tax-vivad-se-vishwas-scheme-2024 · Taking note of the huge pendency of appeals before various appellate authorities and courts and considering the success of the Vivad se Vishwas Scheme, 2020 (VSV 2020), with a view to expeditiously dispose appeals and reduce litigation, the Government has proposed a new Vivad Se Vishwas Scheme, 2024 (VSV 2024).
Union Budget 2024 – Changes proposed or made in customs law including tariff changes · 2024-07-24 · Customs · https://www.lkslaw.com/insights/news/union-budget-2024-changes-proposed-or-made-in-customs-law-including-tariff-changes · India’s Finance Minister yesterday (23rd of July) presented Union Budget 2024 with many changes across sectors.
Union Budget 2024 – New demand provisions being introduced in GST regime · 2024-07-23 · GST Consultancy · https://www.lkslaw.com/insights/news/union-budget-2024-new-demand-provisions-being-introduced-in-gst-regime · In line with the recommendations of the 53rd GST Council Meeting held recently, the Central Government has, in the Union Budget 2024 presented today (23 July 2024), proposed a new Section 74A in the Central Goods and Services Tax Act, 2017 for the purpose of ‘Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason’.
Patentability of computer programme – Madras HC clarifies Section 3(k) while allowing grant of a patent · 2024-07-16 · Intellectual Property · https://www.lkslaw.com/insights/news/patentability-of-computer-programme-madras-hc-clarifies-section-3-k-while-allowing-grant-of-a-patent · The Madras HC has set aside the Assistant Controller’s Order rejecting the patent for ‘Associating Command Services with Multiple Active Components’. The Patent Office had rejected the patent alleging exclusion under Section 3(k) of the Patents Act as constituting computer programme per se and not involving any inventive hardware. The IPO’s finding that the invention lacked inventive step under Section 2(1)(ja) in view of certain prior arts, was also set aside by the High Court here.
Tightening the screws on imports – Bolts, Nuts and Fasteners QCO, 2024 · 2024-07-15 · BIS · https://www.lkslaw.com/insights/news/tightening-the-screws-on-imports · The Ministry of Commerce and Industry has issued the Bolts, Nuts and Fasteners (Quality Control) Order, 2024 (‘new QCO’)
Power of Enforcement Directorate to attach any other property as ‘value equivalent’ · 2024-07-10 · Direct Tax · https://www.lkslaw.com/insights/news/power-of-enforcement-directorate-to-attach-any-other-property-as-value-equivalent · In the recent case of Francis Chakkalamathaom Peter[1], the Hon’ble Appellate Tribunal under Prevention of Money Laundering Act, 2002 (‘PMLA Tribunal’) has held that in the absence of the direct proceeds of crime, the Enforcement Directorate (‘ED’) has the rights to attach any other property equivalent to the value of proceeds of crime.
53rd GST Council Meeting – Highlights of Circulars issued by CBIC · 2024-06-28 · GST Consultancy · https://www.lkslaw.com/insights/news/53rd-gst-council-meeting-highlights-of-circulars-issued-by-cbic · The Central Board of Indirect Taxes and Customs has on 26 June 2024 issued 16 Circulars (Circular Nos. 207 to 222/2024-GST) to clarify various issues as also highlighted in the 53rd GST Council Meeting. A summary of all these Circulars is provided here.
53rd GST Council Meeting – Highlights of certain measures covering trade facilitation and law & procedure · 2024-06-23 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/53rd-gst-council-meeting-highlights · GST Council Meeting presided by the Hon’ble Union Finance Minister was held on 22 June 2024 in New Delhi. The Council meeting held after more than 8 months, and the first after the General Elections, has recommended many trade facilitation measures along with many other measures relating to GST law and procedures. The Council has also recommended many changes in the GST rates for both goods and services.
Medicament or cosmetic – Telangana HC upholds assessee’s view on classification of certain Ayurvedic products as medicaments · 2024-06-20 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/medicament-or-cosmetic · The Telangana High Court has held that the products Navaratan Oil, Gold Turmeric Ayurvedic Cream, Boroplus Antiseptic Cream, Boroplus Prickly Heat Powder and Sonachandi Chavanprash, are medicaments (drugs) and not cosmetics under the Andhra Pradesh General Sales Tax Act, 1957.
LKS acts for Regal Rexnord Corporation · 2024-06-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/lks-acts-for-regal-rexnord-corporation · Lakshmikumaran and Sridharan represented Regal Rexnord Corporation in connection with the Indian leg of a global transaction involving the acquisition of the industrial electric motors and generators business of Regal Rexnord Corporation by WEG S.A across various jurisdictions, including India, the United States of America, Brazil, Australia, New Zealand, Switzerland and Netherlands.
Solar power generation under MOOWR is valid – CBIC Instruction dated 9 July 2022 quashed · 2024-05-20 · Customs · https://www.lkslaw.com/insights/news/solar-power-generation-under-moowr-is-valid · The Delhi High Court has held that the statutory scheme underlying the MOOWR Regulations cannot be construed as seeking to exclude solar power generation in terms of permissions granted under Section 65 of the Customs Act, 1962. According to the Court, neither Section 61 nor Section 65 can be justifiably construed as incorporating an inherent or implied exclusion of solar power generation.
Patents – Method for compressing digital media – Delhi High Court sets aside objections under Section 3(k) relating to computer programme · 2024-05-08 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-method-for-compressing-digital-media · The Delhi High Court has directed for grant of a patent titled ‘Reversible 2-Dimensional Pre-/Post-Filtering for Lapped Biorthogonal Transform’, which was related to a digital media (e.g., video and image) processor and the manner in which the processor is programmed for compression of two-dimensional digital media using lapped transforms.
Valuation of exports – Amount paid by foreign buyer to overseas agent of Indian exporter is not includible · 2024-05-06 · Customs · https://www.lkslaw.com/insights/news/valuation-of-exports · The CESTAT Hyderabad has set aside the Order-in-Original passed by Commissioner of Customs (Preventive) demanding customs duty on export of iron ore fines wherein the overseas buyer had directly paid commission to overseas agent of the Indian exporter.
GST – Penalty under Section 122(1A) can only be imposed on a ‘taxable person’ · 2024-05-03 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/gst-penalty-under-section-122-1a-can-only-be-imposed-on-a-taxable-person · The Bombay High Court has set aside the show cause notice invoking the provisions of Section 122(1A) and Section 137 of the CGST Act, 2017 to impose huge penalty and to initiate prosecution against the petitioner, who was an individual and employee (Senior Tax Operations Manager cum Authorised Person) of the company against whom demand was raised.
Access to a bowling alley – Service other than fun/recreation in any part of such facility is not material for coverage under Negative list · 2024-05-01 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/access-to-a-bowling-alley · The CESTAT New Delhi has set aside the order which had disallowed the assessee from being covered under the scope of Section 66D(j) of the Finance Act, 1994 (Negative List – Admission to entertainment events or access to amusement facilities), as the assessee provided services other than bowling alley activity also at the centre.
Trademark Registrar has no authority to restrict choice of colours – Applicant has right to choose colours · 2024-04-10 · Intellectual Property · https://www.lkslaw.com/insights/news/trademark-registrar-has-no-authority-to-restrict-choice-of-colours · The Madras High Court has held that the Registrar of the Trademarks does not have the authority to impose restriction on the choice of the colours.
Strapping together of tyres, tubes and flaps for replacement market, is not ‘deemed manufacture’ · 2024-03-22 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/strapping-together-of-tyres-tubes-and-flaps-for-replacement-market-is-not-deemed-manufacture · The CESTAT Mumbai has held that strapping together of tyres, tubes and flaps, referred as ‘TTF’, at the premises of logistics service provider, for dispatch to dealers for catering to replacement market for bus/lorry operators, is not ‘manufacture’ under Section 2(f)(iii) of the Central Excise Act, 1944.
Valuation – Notional cost of specification drawings received free of cost by manufacturer from buyer, before letter of intent identifying former as supplier, is not includible · 2024-03-15 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/valuation-additional-consideration · The CESTAT New Delhi has on 12 March 2024 held that the notional cost of specifications in the form of drawings and designs supplied free of cost by a company to its vendors (component manufacturers) is not includible in the assessable value of parts or components manufactured by such vendors and cleared to the company.
RoDTEP benefit extended to exports by Advance Authorisation holders and by EOU and SEZ units · 2024-03-13 · Customs · https://www.lkslaw.com/insights/news/rodtep-benefit-extended-to-exports-by-advance-authorisation-holders-and-by-eou-and-sez-units · The Ministry of Commerce and Industry has extended the benefit of Scheme for Remission of Duties and Taxes on Exported Products (‘RoDTEP’) on exports by Advance Authorisation holders, and by Export Oriented Units and units in Special Economic Zones.
Imports under Advance Authorisations, and by EOUs and SEZ units – Compliance with certain QCOs relaxed · 2024-03-12 · Customs · https://www.lkslaw.com/insights/news/imports-under-advance-authorisations-and-by-eous-and-sez-units · The Ministry of Commerce and Industry has relaxed the compliance requirements under Quality Control Orders (‘QCOs’) issued by Ministry of Steel, Department for Promotion of Industry and Internal Trade (DPIIT) and Ministry of Textiles in case of imports by holders of Advance Authorisations (‘AA’), Export Oriented Units (‘EOUs’) and units in Special Economic Zones (‘SEZs’) for utilization/consumption in manufacture of export products.
Copyrights – Suit against groundless threat of legal proceedings becomes infructuous once ‘action’ for copyright infringement is initiated · 2024-03-07 · Intellectual Property · https://www.lkslaw.com/insights/news/copyrights-suit-against-groundless-threat-of-legal-proceedings-becomes-infructuous-once-action-for-copyright-infringement-is-initiated · The Bombay High Court has held that once an action is initiated for the alleged infringement of copyright by the person who claims to be the owner thereof, albeit bona fide and with due diligence, the remedy for the alleged groundless threat of legal proceeding (under Section 60 of the Copyright Act), with the opponent, ceases to operate.
WTO's 13th Ministerial Conference at Abu Dhabi – Key highlights · 2024-03-05 · International Trade and WTO · https://www.lkslaw.com/insights/news/13th-ministerial-conference-at-abu-dhabi-key-highlights · The WTO’s 13th Ministerial Conference (MC13) was recently held from 26th February to 1st March. The key takeaways from the Abu Dhabi Ministerial Declaration and other Ministerial Decisions are as follows.
No confiscation even if classification or exemption is not in conformity with the Department’s view or held not correct in appellate proceedings · 2024-02-28 · Customs · https://www.lkslaw.com/insights/news/no-confiscation-even-if-classification-or-exemption-is-not-in-conformity-with-the-department-s-view-or-held-not-correct-in-appellate-proceedings · The CESTAT New Delhi has held that classification of goods by the importer, even if the same is not in conformity with re-assessment by the proper officer or even if it is held to be not correct in any appellate proceedings, does not render goods liable to confiscation under Section 111(m) of the Customs Act, 1962.
Venture Capital Funds, rendering services of asset management, are not liable to service tax · 2024-02-20 · Private Equity & VC · https://www.lkslaw.com/insights/news/venture-capital-funds-rendering-services-of-asset-management-are-not-liable-to-service-tax · The Karnataka High Court has set aside the CESTAT Order which had held that a Venture Capital Fund (VCF) set up as a Trust is a ‘distinct entity’ separate from its contributors/investors. Disregarding the principle of mutuality of interest, the Tribunal had held that a VCF was rendering taxable services of portfolio or asset management to its contributors for a consideration on which service tax was liable.
Copyrights – Owner/assignee can carry on business of granting copyright licences without registration as copyright society · 2024-02-08 · Intellectual Property · https://www.lkslaw.com/insights/news/copyrights-owner-assignee-can-carry-on-business-of-granting-copyright-licences-without-registration-as-copyright-society · The Bombay High Court has held that it is not necessary for the owners/assignees of copyright to be registered as copyright societies for carrying on the business of granting licenses of their works. The High Court for this purpose observed that Section 33(1) of the Copyright Act [relating to copyright societies] does not curtail the power of the owner/assignee/duly authorised agent to grant any interest in the copyright by license under Section 30 [relating to licences by owners of copyright].
Director of company cannot be ‘party’ to arbitration against the company · 2024-02-06 · Arbitration · https://www.lkslaw.com/insights/news/director-of-company-cannot-be-party-to-arbitration-against-the-company · The Delhi High Court in its recent decision has held that Directors of a company cannot be made parties to the arbitration proceedings initiated against the company.
Interim Budget 2024 – Key takeaways · 2024-02-02 · General Corporate · https://www.lkslaw.com/insights/news/interim-budget-2024-key-takeaways · The Interim Budget 2024 outlines key priorities for the country’s development, highlighting key areas of focus for growth and development. Emphasising infrastructure, the government plans to implement major railway corridors, expand regional infrastructure and develop airports under various schemes. The following initiatives, coupled with focus on attracting investment, reflect a forward-looking approach.
No interest when GST paid in Electronic Cash Ledger before due date though GSTR-3B filed belatedly · 2024-02-01 · GST Consultancy · https://www.lkslaw.com/insights/news/no-interest-when-gst-paid-in-electronic-cash-ledger-before-due-date-though-gstr-3b-filed-belatedly-3 · In a case where the GST amount was paid in the Electronic Cash Ledger (ECL) by generating GST PMT-06 before the due date, though the GSTR-3B return was filed belatedly, the Madras High Court has rejected the contention of the Department that the deposit of tax in ECL would not amount to payment of tax and would attract interest liability.
Front, middle and back cover of cellular phone are classifiable under TI 8517 70 90 – Classification cannot be decided by exemption notification · 2024-01-24 · Customs · https://www.lkslaw.com/insights/news/front-middle-and-back-cover-of-cellular-phone-are-classifiable-under-ti-8517-70-90 · The CESTAT New Delhi has held that front cover, middle cover and back covers of cellular phones which house various components of the phone and also provide for dissipation of the heat, are classifiable under Tariff Item 8517 70 90 of the Customs Tariff Act, 1975 and not under TI 3920 99 99.
Correction in GSTR-1 return even after prescribed time period is permissible, when there is no loss of revenue · 2024-01-24 · GST Consultancy · https://www.lkslaw.com/insights/news/correction-in-gstr-1-return-even-after-prescribed-time-period-is-permissible-when-there-is-no-loss-of-revenue · The Bombay High Court has held that a bonafide, inadvertent error in furnishing details in a GST return needs to be recognized and permitted to be corrected by the department, when in such cases the department is aware that there is no loss of revenue to the Government.
Patents – Territorial jurisdiction of High Court – Location of ‘appropriate patent office’ when not material · 2024-01-22 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-territorial-jurisdiction-of-high-court-location-of-appropriate-patent-office-when-not-material · The Madras High Court has held that when certain critical events leading to the examination of the patent, hearing of the opposition of the patent, pronouncement of orders, rejecting the opposition, all happened in Chennai, the Court will have jurisdiction to hear the writ petition. It observed that irrespective of location of the ‘appropriate patent office’, a particular High Court would have territorial jurisdiction if part cause of action arose within its jurisdiction.
Facilitating booking of hotel rooms through online portal is covered under Tour Operator service – 90% abatement available · 2024-01-17 · GST Consultancy · https://www.lkslaw.com/insights/news/facilitating-booking-of-hotel-rooms-through-online-portal-is-covered-under-tour-operator-service · The CESTAT New Delhi has set aside a demand of service tax against a major online travel company which allowed the customers to book hotel rooms through its website/mobile application. The Revenue Department had alleged that the service was covered under ‘short-term accommodation’ service taxable under Section 65(105)(zzzzw) of the Finance Act, 1994 and not under ‘tour operator’ service under Section 65(105)(n).
Reference to Larger Bench to be heard at instance of Intervener if appellant settles case · 2024-01-08 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/reference-to-larger-bench-to-be-heard-at-instance-of-intervener-if-appellant-settles-case · The Larger Bench of the CESTAT has held that the hearing and resolution of the issue referred to the Larger Bench is be continued at the instance of the Intervener even if the case of the appellant has been settled under Sabka Vishwas (Legacy Dispute Resolution) Scheme subsequent to the reference to the Larger Bench of the Tribunal.
Proof of Right under the Patents Act, 1970 – Madras High Court provides clarity · 2023-12-28 · Intellectual Property · https://www.lkslaw.com/insights/news/proof-of-right-under-the-patents-act-1970 · In a recent decision dated 19 December 2023[1], the Single Judge of the Madras High Court addressed an important issue in relation to the date of assignment and the date of declaration of the assignment, in the context of proof of right under the Patents Act, 1970 (‘Act’).
Cenvat credit on GTA services for outward transportation of goods to buyer’s premises – CESTAT Larger Bench distinguishes SC decision in Ultratech Cement · 2023-12-28 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/cenvat-credit-on-gta-services-for-outward-transportation-of-goods-to-buyer-s-premises · The Larger Bench of the CESTAT has held that for the purpose of eligibility of Cenvat credit on GTA service used for outward transportation, where clearances of goods are against FOR contract basis, the authority needs to ascertain the ‘place of removal’ by applying the judgments of the Supreme Court in Emco and Roofit Industries, the Karnataka High Court decision in Bharat Fritz Werner, and the CBEC Circular dated 8 June 2018.
Extended Producer Responsibility (EPR) for Used Oils · 2023-12-18 · Regulatory · https://www.lkslaw.com/insights/news/extended-producer-responsibility-epr-for-used-oils · The Ministry of Environment, Forest, and Climate Change issued the Hazardous and Other Waste (Management and Transboundary Movement) Second Amendment Rules, 2023 (‘Amendment’) on 18th September 2023.
Patents – Use of laminate in prior art cannot motivate person skilled in such art to consider use of a film on standalone basis · 2023-12-14 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-use-of-laminate-in-prior-art-cannot-motivate-person-skilled-in-such-art-to-consider-use-of-a-film-on-standalone-basis · The Madras High Court has set aside the decision of the Patent Office rejecting the patent application on grounds that the claimed invention was obvious and does not satisfy the requirements of Section 2(1)(ja) of the Patents Act, 1970 relating to ‘inventive step’
Patents – No deemed abandonment in case of bona fide belief of no necessity of consent under s.39 for patent of addition · 2023-12-11 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-no-deemed-abandonment-in-case-of-bona-fide-belief-of-no-necessity-of-consent-under-s-39-for-patent-of-addition · Observing that there was a bona fide belief on the part of the patentee regarding no requirement of permission under Section 39 of the Patents Act, 1970 for foreign filing of patent of addition, when parent invention was first filed in India, the Madras High Court has set aside the order rejecting patent application on the ground that the same was deemed to be abandoned under Section 40.
Guidelines notified for prevention and regulation of Dark Patterns · 2023-12-08 · Regulatory · https://www.lkslaw.com/insights/news/guidelines-notified-for-prevention-and-regulation-of-dark-patterns · The Department of Consumer Affairs, under the Ministry of Consumer Affairs, Food and Public Distribution, has recently notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (‘Guidelines’). The same have been also enforced by the Central Consumer Protection Authority on 30 November 2023.
ED cannot initiate PMLA proceedings if criminal conspiracy is not for commission of any scheduled offence · 2023-12-06 · Direct Tax · https://www.lkslaw.com/insights/news/ed-cannot-initiate-pmla-proceedings-if-criminal-conspiracy-is-not-for-commission-of-any-scheduled-offence · Recently the Supreme Court has held that the offence of criminal conspiracy under Section 120-B of Indian Penal Code will become a scheduled offence only if the conspiracy relates to commission of an offence which is otherwise a scheduled offence under the Prevention of Money Laundering Act. The Apex Court held that in absence of such other offence being a scheduled offence under PMLA, there cannot be proceeds of crime.
Refund – Time limit under Section 54(1) is not mandatory · 2023-12-01 · GST Consultancy · https://www.lkslaw.com/insights/news/refund-time-limit-under-section-54-1-is-not-mandatory · Noting that the term used in Section 54(1) of the CGST Act, 2017 is ‘may’, the Madras High Court has observed that the time limit fixed under Section 54(1) is directory in nature and is not mandatory. According to the Court, it is not mandatory that the refund application must be made within two years, and in appropriate cases, refund application can be made even beyond two years
Valuation – Appeal against enhanced value maintainable even when price initially accepted in B/E or letter · 2023-12-01 · Customs · https://www.lkslaw.com/insights/news/valuation-appeal-against-enhanced-value-maintainable-even-when-price-initially-accepted-in-b-e-or-letter · The CESTAT Ahmedabad has rejected the contention of the Revenue department that by accepting the assessable value and not asking for the speaking order, the value assessed by the assessing officer attains finality and the assessee-importer is precluded from contesting the same.
TRU has no authority to clarify on classification – Circular No. 80/54/2018-GST on classification of polypropylene woven and non-woven bags quashed · 2023-11-20 · GST Consultancy · https://www.lkslaw.com/insights/news/tru-has-no-authority-to-clarify-on-classification-circular-no-80-54-2018-gst-on-classification-of-polypropylene-woven-and-non-woven-bags-quashed · The Delhi High Court has on 16 November 2023 observed that the Tax Research Unit (TRU) of the Ministry of Finance has not been clothed with the authority or jurisdiction to render a clarification with respect to classification of goods.
GST Council cannot determine classification of goods – Flavoured milk made from dairy milk is not ‘beverage containing milk’ under Heading 2202 · 2023-11-15 · GST Consultancy · https://www.lkslaw.com/insights/news/gst-council-cannot-determine-classification-of-goods-flavoured-milk-made-from-dairy-milk-is-not-beverage-containing-milk-under-heading-2202 · The Single Bench of the Madras High Court has held that the function of the GST Council is not to determine the classification of goods under the provisions of the Customs Tariff Act, 1975. The High Court also held that flavoured milk made from diary milk is classifiable under Heading 0402 of the Customs Tariff Act, 1975 and not under Heading 2202 ibid.
Trademarks ‘Indian Royal Stag’ and ‘Indian Stag’, both used for IMFL, are deceptively similar with likelihood of confusion · 2023-11-14 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-indian-royal-stag-and-indian-stag-both-used-for-imfl-are-deceptively-similar-with-likelihood-of-confusion · The Delhi High Court has held that the marks INDIAN ROYAL STAG and INDIAN STAG, both used for IMFL, have necessarily to be regarded as deceptively similar with likelihood of confusion thus leading to prima facie case of infringement.
GI registration fee set to be reduced – Draft GI of Goods (Registration and Protection) (Amendment) Rules issued · 2023-11-07 · Intellectual Property · https://www.lkslaw.com/insights/news/gi-registration-fee-set-to-be-reduced-draft-gi-of-goods-registration-and-protection-amendment-rules-issued · The Ministry of Commerce has on 17 October 2023 issued Draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023 to seek objections and suggestions on the amendments to the Geographical Indications of Goods (Registration and Protection) Rules, 2002.
Insolvency – Doctrine of election – IBC provisions can be invoked even after issuance of recovery certificates by DRT · 2023-11-06 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-doctrine-of-election-ibc-provisions-can-be-invoked-even-after-issuance-of-recovery-certificates-by-drt · The Supreme Court has held that the ‘doctrine of election’, stemming out of the law of evidence that bars prosecution of the same right in two different fora based on the same cause of action, cannot be applied to prevent a financial creditor from approaching the adjudicating authority for initiation of Corporate Insolvency Resolution Process against a corporate debtor.
Online gaming sector – Developments in October 2023 · 2023-10-30 · General Corporate · https://www.lkslaw.com/insights/news/online-gaming-sector-developments-in-october-2023 · The online gaming sector witnessed a series of watershed developments in the GST regime in the month of October 2023 from legislative and litigative standpoint. The key legislative development was the transition into the new deposit-based GST regime which has become effective from 1 October 2023.
Laptops, tablets, personal computers, etc. – Exemption from import authorisation provided in specific cases · 2023-10-26 · Customs · https://www.lkslaw.com/insights/news/laptops-tablets-personal-computers-etc-exemption-from-import-authorisation-provided-in-specific-cases · The Indian Ministry of Commerce has on 19 October 2023 relaxed the provisions regarding requirement of import authorisation for import of laptops, tablets, personal computers, etc. It may be noted that the regime requiring import authorisation for laptops, tablets, all-in-one personal computers, and ultra small form factor computers and servers, falling under HSN 8471 of the ITC(HS), will be effective from 1 November 2023.
Refund of service tax is maintainable even when assessment/self-assessment is not challenged in appeal · 2023-10-23 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/refund-of-service-tax-is-maintainable-even-when-assessment-self-assessment-is-not-challenged-in-appeal · The Larger Bench of the CESTAT has held that refund of service tax is maintainable in the absence of any challenge to assessment or self-assessment in appeal under the Finance Act, 1994.
‘Appropriate Office’ under Patents Rule 4 is not dispositive of jurisdiction of High Court under Article 226 of Constitution · 2023-10-18 · Intellectual Property · https://www.lkslaw.com/insights/news/appropriate-office-under-patents-rule-4-is-not-dispositive-of-jurisdiction-of-high-court-under-article-226-of-constitution · The Single Judge of the Madras High Court in the case of Adiuvo Diagnostics Private Limited v. Union of India and Ors. [Judgement dated 27 September 2023 in WP(IPD)/23/2023] was adjudicating a writ petition by a pre-grant opponent against a refusal of a pre-grant opposition against a patent application [9067/DELNP/2010], leading to its grant.
Divisional Patent Applications in India – Delhi High Court clarifies the scope · 2023-10-16 · Intellectual Property · https://www.lkslaw.com/insights/news/divisional-patent-applications-in-india-delhi-high-court-clarifies-the-scope · The Division Bench of the Delhi High Court in the case of Syngenta Limited v. Controller of Patents and Designs was adjudicating a referral by a Single Judge, concerning the scope of divisional patent applications under Section 16 of the Patents Act, 1970. The Division Bench held that while plurality of inventions is required to file a divisional application, the plurality can be ascertained from the provisional or complete specification and need not be mandatorily restricted to the claims.
Scope of diagnostic methods under Section 3(i) of the Patents Act - Madras High Court elucidates · 2023-10-14 · Intellectual Property · https://www.lkslaw.com/insights/news/scope-of-diagnostic-methods-under-section-3-i-of-the-patents-act-madras-high-court-elucidates · In a first by an Indian Court, the Single Judge of the Madras High Court in the case of The Chinese University of Hong Kong and Sequenom, Inc. v. The Assistant Controller of Patents and Designs, CMA (PT) No.14 of 2023 (Judgement dated 12 October 2023) interpreted the scope of the exclusion for diagnostic methods under Section 3(i) of the Patents Act, 1970 (‘Act’) and held that the invention claimed in the instant case is not excluded under Section 3(i) of the Act.
Valuation (Customs) – Unattested copies of export declarations filed by foreign supplier when cannot be basis for enhancement of value · 2023-10-10 · Customs · https://www.lkslaw.com/insights/news/valuation-customs-unattested-copies-of-export-declarations-filed-by-foreign-supplier-when-cannot-be-basis-for-enhancement-of-value · The Supreme Court has affirmed the decision of CESTAT, which had held that unattested copies of export declarations filed by the foreign supplier before the foreign Customs authorities cannot be relied upon for the purpose of enhancement of value of goods imported in India.
Insolvency – No unfettered discretion with Liquidator to cancel valid auction on mere expectation of higher price in future · 2023-10-04 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-no-unfettered-discretion-with-liquidator-to-cancel-valid-auction-on-mere-expectation-of-higher-price-in-future · In a case where the Liquidator after issuing the certificate that the appellant had won the auction of the subject property, cancelled the e-auction without giving any justification or reason for such cancellation, the Supreme Court has stated that it is incomprehensible that an administrative authority can take a decision without disclosing the reasons for taking such a decision.
Recovery – Closure of financial year, or bank holidays, cannot justify recovery on the day next to the date of unfavourable order · 2023-09-28 · GST Consultancy · https://www.lkslaw.com/insights/news/recovery-closure-of-financial-year-or-bank-holidays-cannot-justify-recovery-on-the-day-next-to-the-date-of-unfavourable-order · The Patna High Court has held that imminent bank holidays of 2 or 3 days and the close of the financial year cannot be the valid reasons to justify an expedient recovery under the proviso to Section 78 of the CGST Act, 2017
Order prohibiting assessee to deal with goods is not a stop gap for Department to take decision on seizure · 2023-09-28 · GST Consultancy · https://www.lkslaw.com/insights/news/order-prohibiting-assessee-to-deal-with-goods-is-not-a-stop-gap-for-department-to-take-decision-on-seizure · The Delhi High Court has rejected the contention of the Department that it is open for the concerned authorities conducting search, to first pass an order under the first proviso to Section 67(2) of the CGST Act (directed not to deal with the goods in question) and, thereafter, take an informed decision whether to seize the goods.
Drawback on exports is available even when BCD is not paid on imports, if additional duty is paid · 2023-09-25 · Customs · https://www.lkslaw.com/insights/news/drawback-on-exports-is-available-even-when-bcd-is-not-paid-on-imports-if-additional-duty-is-paid · The Delhi High Court has rejected the contention of the Revenue department that it is only when a duty as prescribed by the Customs Act, 1962 has been paid that drawback benefits can be claimed. The Revenue’s submission in essence was that unless Basic Customs Duty (BCD) is paid at the time of import, it would be impermissible for the exporter-petitioner to claim drawback benefits.
What, How, Where, When and Why of the Mediation Act, 2023 · 2023-09-22 · Commercial Litigation · https://www.lkslaw.com/insights/news/what-how-where-when-and-why-of-the-mediation-act-2023 · In another attempt to reduce the pendency before courts, costs of traditional protracted litigation and boost alternative dispute resolution mechanism in India, Legislature has enacted the Mediation Act, 2023. The Act specifically aims to provide a comprehensive policy framework to promote institutional mediation. However, in doing so it does not impinge upon the existing laws for conducting mediation and is not applicable to any pending mediation.
Cash not forming part of stock-in-trade of business cannot be seized during investigation aimed at detecting GST evasion · 2023-09-11 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/cash-not-forming-part-of-stock-in-trade-of-business-cannot-be-seized-during-investigation-aimed-at-detecting-gst-evasion · The Supreme Court has in the case State Tax Officer (IB) v. Shabu George dismissed the Special Leave Petition filed by the Revenue department against the Kerala High Court decision holding that in an investigation aimed at detecting tax evasion under the provisions of the GST, cash cannot be seized especially when it is the admitted case that the cash did not form part of the stock in trade of the assessee's business.
Patents – Divisional applications – Objections under Section 16 are not sustainable in case of system-centric divisional application arising from method-centric parent application · 2023-09-01 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-divisional-applications-objections-under-section-16 · The Delhi High Court has set aside the decision of the Assistant Controller of Patents and Designs rejecting a divisional application for invention titled ‘System for Advanced Bi-directional Predictive Coding of Interlaced Video’. The Assistant Controller had rejected the application on grounds of Sections 16(1), 16(3) and 3(k) of the Patents Act, 1970,
IPR laws – Certain provisions set to be decriminalised while penalty provisions being omitted for certain offences · 2023-08-14 · Intellectual Property · https://www.lkslaw.com/insights/news/ipr-laws-certain-provisions-set-to-be-decriminalised-while-penalty-provisions-being-omitted-for-certain-offences · The President of India has on 11 August 2023 granted her assent to the Jan Vishwas (Amendment of Provisions) Bill, 2023. The Act seeks to decriminalise some 183 provisions in the 42 Central Acts administered by 19 Ministries/Departments. The Act provides for pragmatic revision of fines and penalties commensurate to the offence committed, establishment of Adjudicating officers and Appellate Authorities, and periodic increase in quantum of fines and penalties.
Patents Act, and not Competition Act, to govern conditions in agreement of licensing or abuse of status as Patentee · 2023-07-17 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-act-and-not-competition-act-to-govern-conditions-in-agreement-of-licensing-or-abuse-of-status-as-patentee · The Division Bench of the Delhi High Court has held that for patents, unreasonable conditions in agreements of licensing, abuse of status as a patentee, inquiry in respect thereof and relief that is to be granted therefor, are all to be governed by the Patents Act, 1970 and not by the Competition Act, 2002.
50th Meeting of GST Council – Highlights · 2023-07-11 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/50th-meeting-of-gst-council-highlights · The GST Council recently held its 50th Meeting on 11 July 2023. The meeting held after approximately 5 months saw many important decisions on various topics, including that on taxing online gaming and that on GST Appellate Tribunal. The Council has also attempted to tackle several complex and controversial issues that have plagued the industry with uncertainty for the last six years.
Copyright in screenplay of a film vests with the author and not the producer of the film · 2023-07-04 · Intellectual Property · https://www.lkslaw.com/insights/news/copyright-in-screenplay-of-a-film-vests-with-the-author-and-not-the-producer-of-the-film · The Delhi High Court has held that in a case where the author of the screenplay of the film is engaged pursuant to a contract with the producer, against remuneration, copyright in the screenplay would vest with the author and not in the producer.
NCLAT has no power to review its own judgment, but it can recall a judgment in exercise of its inherent jurisdiction · 2023-06-26 · Insolvency · https://www.lkslaw.com/insights/news/nclat-has-no-power-to-review-its-own-judgment · A five-Member Bench of the National Company Law Appellate Tribunal (‘NCLAT’) has held that NCLAT is not vested with any power to review its own judgment, however, in exercise of its inherent jurisdiction it can entertain an application for recall of judgment on certain grounds. The Tribunal was of the view that it has an inherent jurisdiction to recall a judgement which was made with procedural lapses...
Competition law – CCI is not a grievance redressal forum against regulatory decisions of regulators · 2023-06-19 · Competition & Antitrust · https://www.lkslaw.com/insights/news/competition-law-cci-is-not-a-grievance-redressal-forum-against-regulatory-decisions-of-regulators · The Delhi High Court has held that the Competition Act, 2002 does not contemplate the Competition Commission of India (CCI) to act as an appellate court or a grievance redressal forum against decisions taken by other regulators, in exercise of their statutory powers and which are not interfaced with trade or commerce.
Earth-moving equipment not covered as ‘automobiles’ – Repacking of parts of earth-moving equipment was not ‘deemed manufacture’ prior to 29 April 2010 · 2023-06-12 · GST Consultancy · https://www.lkslaw.com/insights/news/earth-moving-equipment-not-covered-as-automobiles · The 3-Member Bench of the Tribunal has held that packing or repacking of parts, component and assemblies of earth moving equipment would not amount to deemed manufacture under Section 2(f)(iii) of the Central Excise Act, 1944 read with the Third Schedule thereof, for the period prior to 29 April 2010.
Computer program resulting in technical effect/contribution eligible for patent protection · 2023-06-05 · Intellectual Property · https://www.lkslaw.com/insights/news/computer-program-resulting-in-technical-effect-contribution-eligible-for-patent-protection · The Delhi High Court has held that an invention should not be deemed a computer program per se merely because it involves algorithms and computer-executable instructions. According to the Court, rather, it should be assessed based on the technical advancements it offers and its practical application in solving real-world problems.
Angel Tax: A proposal for reforming valuation rules · 2023-05-26 · Direct Tax · https://www.lkslaw.com/insights/news/angel-tax-a-proposal-for-reforming-valuation-rules · To deter generation and use of unaccounted money through subscription of shares of a closely held company, Finance Act, 2012 introduced Section 56(2)(viib) in the Income Tax Act, 1961. The Finance Act 2023 extended the ambit of Angel Tax to even non-resident investors. Considering the challenges posed by the aforesaid amendment, the CBDT has issued a press release on 19 May 2023 proposing certain legislative changes.
Credit note issued to dealer in consideration of replacement of defective part under warranty is exigible to sales tax · 2023-05-24 · GST Consultancy · https://www.lkslaw.com/insights/news/credit-note-issued-to-dealer-in-consideration-of-replacement-of-defective-part-under-warranty-is-exigible-to-sales-tax · A Larger Bench (3-Judge Bench) of the Supreme Court has held that a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part in the automobile sold pursuant to a warranty agreement, being collateral to the sale of the automobile, is exigible to sales tax.
Copyrights – Original drawings used to industrially produce an article will fall under ‘artistic work’ and be entitled to copyright protection · 2023-05-19 · Intellectual Property · https://www.lkslaw.com/insights/news/original-drawings-used-to-industrially-produce-an-article-will-fall-under-artistic-work · In a dispute involving copyright in respect of the original drawings, the Delhi High Court has reiterated that even if the original drawings are used to industrially produce an article, they would continue to fall within the meaning of the artistic work defined under Section 2(c) of the Copyright Act, 1957 and would be entitled to the full period of copyright protection.
An online game of skill like ‘Rummy’ is not gambling or betting, even if played with stakes · 2023-05-15 · GST Consultancy · https://www.lkslaw.com/insights/news/an-online-game-of-skill-like-rummy-is-not-gambling-or-betting-even-if-played-with-stakes · The Karnataka High Court in its recent decision has held that offline/online games such as Rummy which are mainly/preponderantly/substantially based on skill and not on chance, whether played with/without stakes, do not tantamount to ‘gambling or betting’ as contemplated in Entry 6 of Schedule III of the Goods and Services Act, 2017. According to the Court, the terms ‘betting’ and ‘gambling’ appearing in Entry 6 of Schedule III of the CGST Act do not and cannot include games of skill.
Arbitration – 2015 amendments not applicable where notice invoking arbitration is issued prior to amendment · 2023-05-12 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-and-conciliation-amendment-act-2015-is-not-applicable-where-notice-invoking-arbitration-is-issued-prior · The Supreme Court has held that in a case where the notice invoking arbitration is issued prior to the Arbitration and Conciliation (Amendment) Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015.
Use of celebrity names, images for satire, parodies, news, etc. not falls foul to tort of infringement of right of publicity · 2023-05-10 · Intellectual Property · https://www.lkslaw.com/insights/news/use-of-celebrity-names-images-for-satire-parodies-news-etc-not-falls-foul-to-tort-of-infringement-of-right-of-publicity · In an interesting case involving infringement of right of publicity, the Delhi High Court, after relying on number of foreign judgements, has held that use of celebrity names, images for the purposes of lampooning, satire, parodies, art, scholarship, music, academics, news and other similar uses would be permissible as facets of the right of freedom of speech and expression under Article 19(1)(a) of the Constitution of India, and would not fall foul to the tort of infringement of the right of publicity.
Pre-import condition under advance authorisation scheme upheld by Supreme Court · 2023-05-03 · Customs · https://www.lkslaw.com/insights/news/pre-import-condition-under-advance-authorisation-scheme-upheld-by-supreme-court · In the decision rendered on 28 April 2023, the Supreme Court has reversed the decision of Gujarat High Court and held that the ‘pre-import condition’ stipulated in grant of exemption from payment of IGST & Compensation Cess is not ultra vires. The Gujarat High Court had held that grant of IGST exemption with ‘pre-import condition’ was arbitrary and that such condition was ultra vires the scheme of the Foreign Trade Policy.
Arbitration agreement, which is part of an unstamped contract, has no existence · 2023-05-01 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-agreement-which-is-part-of-an-unstamped-contract-has-no-existence · The Constitutional Bench of the Supreme Court, comprising of 5 Judges, has on 25 April 2023, answered in affirmative the question as to whether the statutory bar contained in Section 35 of the Stamp Act, 1899 applicable to instruments chargeable to stamp duty under Section 3 read with the Schedule to the Act, would also render the arbitration agreement contained in an instrument, as being non-existent, pending payment of stamp duty on the substantive contract/instrument.
Anti-dumping duty – Products not sold by domestic industry in commercial quantities to be excluded · 2023-04-27 · International Trade and WTO · https://www.lkslaw.com/insights/news/anti-dumping-duty-on-flat-rolled-products-of-aluminium · The Anti-dumping Bench of the CESTAT, in two separate decisions, has allowed exclusion of ‘clad with compatible non-clad aluminium foil’ and ‘Lithograde aluminium coils above 1150 mm’ from the scope of the product - certain flat rolled products of aluminium, in a dispute involving imposition of anti-dumping duty on flat rolled products of aluminium from China PR.
Standard Essential Patent owners can pray for interim and final injunctive relief – Four-fold test for admission of infringement, as laid down in Nokia case, not as per law · 2023-04-24 · Intellectual Property · https://www.lkslaw.com/insights/news/standard-essential-patent-owners-can-pray-for-interim-and-final-injunctive-relief · A Division Bench of the Delhi High Court has held that Standard Essential Patent owners, who file lawsuits, can pray for interim and final injunctive relief if an infringer is deemed by a Court to be an ‘unwilling licensee,’ often as indicated by the use of ‘stalling’ and other opportunistic bargaining and litigation tactics.
Trademarks – Prior use – Date of registration and not use, when relevant · 2023-04-17 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-prior-use-date-of-registration-and-not-use-when-relevant · Taking note of Section 34 of the Trade Marks Act, 1999, the Delhi High Court has held that the relevant date for the purpose of establishing prior use, in the dispute, would be the ‘date of registration’ of the mark and not when the Plaintiff actually started using it.
IT Intermediary Amendment Rules 2023 notified for online gaming industry · 2023-04-12 · Regulatory · https://www.lkslaw.com/insights/news/it-intermediary-amendment-rules-2023-notified-for-online-gaming-industry · The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (‘IT Intermediary Amendment Rule 2023’) have been notified on 6 April 2023, following an extended timeline of public consultation on the draft of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) which were published in January 2023. The summary of the IT Intermediary Amendment Rules 2023 is...
Foreign Trade Policy 2023 announced – Highlights · 2023-04-01 · Customs · https://www.lkslaw.com/insights/news/foreign-trade-policy-2023-announced-highlights · With the new approach of tax remission instead of incentives; greater trade facilitation through technology, automation, and continuous process re-engineering; export promotion through collaboration; and focus on emerging areas like e-commerce exports, developing districts as export hubs, streamlining SCOMET policy, etc., the Indian Ministry of Commerce and Industry, has on 31 March 2023 unveiled Foreign Trade Policy 2023.
Anti-dumping Rules are not inconsistent with RTI Act – Disclosure of ‘confidential information’ is not possible · 2023-03-28 · International Trade and WTO · https://www.lkslaw.com/insights/news/anti-dumping-rules-are-not-inconsistent-with-rti-act · In an interesting dispute involving interplay of anti-dumping proceedings under the Customs Tariff Act, 1975 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (‘Anti-dumping Rules’) with the Right to Information Act, 2005 (‘RTI Act’), the Delhi High Court has held that there is no inconsistency between the provisions of the RTI Act and the Anti-dumping Rules.
Money laundering provisions to apply to Cryptocurrency sector · 2023-03-20 · Direct Tax · https://www.lkslaw.com/insights/news/money-laundering-provisions-to-apply-to-cryptocurrency-sector · Based on the recommendations of the Financial Action Task Force (‘FATF’), the Finance Ministry, vide Notification dated 7 March 2023 has brought cryptocurrency exchanges within the ambit of the Prevention of Money Laundering Act, 2002 (‘PMLA’ or ‘Act’) by including them within the definition of ‘reporting entity’.
Trademarks – Rigours of Section 11(5) applicable even at stage of cancellation of registration · 2023-03-14 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-rigours-of-section-11-5-applicable-even-at-stage-of-cancellation-of-registration · The Delhi High Court has rejected the contention that rigour of Section 11(5) of the Trade Marks Act, 1999 would not dilute the applicability of Section 11(2) or 11(3) at the stage when cancellation of a registered mark is sought.
Person authorized by the company to sign a cheque is not the ‘drawer’ · 2023-03-10 · Commercial Litigation · https://www.lkslaw.com/insights/news/person-authorized-by-the-company-to-sign-a-cheque-is-not-the-drawer · The Bombay High Court has on 8 March 2023 held that the signatory of the cheque, authorized by the ‘Company’, is not the ‘drawer’ and that such signatory cannot be directed to pay interim compensation in terms of Section 143A of the Negotiable Instruments Act, 1881 (‘NI Act’), leaving aside the company.
Arbitration provision in SEZ Act will prevail over agreement between parties providing for remedy under Arbitration and Conciliation Act · 2023-03-07 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-provision-in-sez-act-will-prevail-over-agreement-between-parties · In a dispute where the question involved was whether the arbitrability should be under the Arbitration and Conciliation Act, 1996 Act or under the SEZ Act, 2005, the Telangana High Court has held that since Section 42 of the SEZ Act is a statutory provision with a non-obstante clause, it would have an overriding effect over clause 23 of the development agreement between parties...
GST Council’s 49th Meeting – Highlights · 2023-02-20 · GST Consultancy · https://www.lkslaw.com/insights/news/gst-council-s-49th-meeting-highlights · The 49th meeting of the GST Council was held on 18 February 2023. Given here are the important recommendations of the Council.
Trademarks – Use on similar occasions do not make water guns and fireworks pistols alike · 2023-02-16 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-use-on-similar-occasions-do-not-make-water-guns-and-fireworks-pistols-alike · The Delhi High Court has rejected the view of the Senior Examiner that the goods, in respect of which registration of the ‘COCK’ word mark was being sought by the Appellant (water spay toy guns), were similar to the goods in respect of which the ‘COCK’ device mark stood registered (toy pistols using amorces, used as fireworks).
Budget 2023 – Changes in Customs and GST laws · 2023-02-04 · Customs · https://www.lkslaw.com/insights/news/budget-2023-changes-in-customs-and-gst-laws · The Hon’ble Finance Minister of India presented the Union Budget 2023 as usual on 1st of February. Though the pre-budget speculation that the Union Budget would bring in some amnesty scheme for direct taxes and customs, turned out to be false, the 5th and last budget of the current government has made various significant tax proposals. Few important changes in the Customs and GST laws have been highlighted below.
Trademarks – Indirect use of misleading country of origin is ‘material respect’ in definition of ‘false trade description’, which is not registrable · 2023-01-23 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-indirect-use-of-misleading-country-of-origin-manufacture · While examining as to whether the mark, depicting a white cross on a red background, and the ‘SWISS MILITARY’ word mark, individually or in conjunction with each other, can be registered in India in relation to textiles, footwear, etc., in Class 25, the Delhi High Court has held that false trade descriptions are not registrable.
Computers – All in one integrated desktop computer is not portable – Classifiable under TI 8471 50 00 · 2023-01-18 · Customs · https://www.lkslaw.com/insights/news/computers-all-in-one-integrated-desktop-computer-is-not-portable-classifiable-under-ti-8471-50-00 · The Supreme Court has on 17 January 2023 held that Automatic Data Processing Machines (‘ADP’) which are popularly known as ‘All­in­One Integrated Desktop Computer’ are to be classified under Tariff Item 8471 50 00 of the Customs Tariff Act, 1975 and not under Tariff Item 8471 30 10 ibid.
Recovery proceedings under SARFAESI Act will prevail over those under MSMED Act · 2023-01-10 · Commercial Litigation · https://www.lkslaw.com/insights/news/recovery-proceedings-under-sarfaesi-act-will-prevail-over-those-under-msmed-act · The Supreme Court of India has on 5 January 2023 allowed an appeal against the decision of the Madhya Pradesh High Court which had held that Micro, Small and Medium Enterprises Development Act, 2006 ('MSMED Act') will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').
Sabka Vishwas (LDR) Scheme – Non-payment of settlement amount before stipulated date when not fatal · 2023-01-06 · Insolvency · https://www.lkslaw.com/insights/news/sabka-vishwas-ldr-scheme-non-payment-of-settlement-amount-before-stipulated-date-when-not-fatal · The Supreme Court of India has on 5 January 2023 allowed assessee’s appeal against the High Court decision dismissing assessee’s writ petition which had sought direction to the Revenue department for consideration of the case of the assessee under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The High Court had declined to interfere in the dispute where the settlement amount under the Scheme could not be paid by the assessee before 30 June 2020
Use of trademark in form of translation or transliteration amounts to infringement · 2023-01-05 · Intellectual Property · https://www.lkslaw.com/insights/news/use-of-trademark-in-form-of-translation · The Delhi High Court has reiterated that the use of the infringing mark in the form of a translation (same trademark but in a different language) or its transliteration, amounts to infringement. The Court in this regard observed that as per Section 29(9) of the Trade Marks Act, where the distinctive element of a registered trade mark consists of or include words, the trademark may be infringed by the spoken use of those words.
Design filing simplified – Public Notice for designs registration issued · 2022-12-27 · Intellectual Property · https://www.lkslaw.com/insights/news/design-filing-simplified-public-notice-for-designs-registration-issued · The Public Notice dated 16 December 2022, issued by the Office of Controller General of Patents, Designs, & Trademarks, Boudhik Sampada Bhawan, Mumbai, announced the much awaited and promised adoption of complete digitized e-filing and processing of design applications by the Designs Wing of the Indian Patent Office (IPO) in order to expedite the procedure of industrial design registrations in India.
GST Council’s 48th Meeting – Highlights · 2022-12-17 · GST Consultancy · https://www.lkslaw.com/insights/news/gst-council-s-48th-meeting-highlights · The 48th Meeting of the GST Council was held on 17 December 2022 under the chairpersonship of the Union Finance & Corporate Affairs Minister. Few important trade facilitation measures including important measures for streamlining compliances in GST, as recommended by the GST Council, are highlighted
Trademarks – Argument of ‘family of marks’ available only to a Plaintiff · 2022-12-13 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-argument-of-family-of-marks-available-only-to-a-plaintiff · Quoting with approval the book McCarthy on Trademarks and Unfair Competition, the Delhi High Court has observed that the doctrine of ‘family of marks’ is an argument available only to a Plaintiff asserting its rights and not to a Defendant to prove its defence against a Plaintiff’s intervening rights.
Digital Personal Data Protection Bill, 2022: Key Takeaways · 2022-11-23 · Data Protection & TMT · https://www.lkslaw.com/insights/news/digital-personal-data-protection-bill-2022-key-takeaways · The Digital Personal Data Protection Bill, 2022 (the “Bill”) has been proposed by the Ministry of Electronics and Information Technology on November 18, 2022 for public consultation. This was released pursuant to the Joint Parliamentary Committee’s Data Protection Bill, 2021 (“2021 Draft”) and a series of drafts following the judgment of the Supreme Court in Justice K.S. Puttaswamy (Retd) v. Union of India.
TDS on indirect payments – ‘Commission’ includes both direct and indirect modes of payments · 2022-11-21 · Direct Tax · https://www.lkslaw.com/insights/news/tds-on-indirect-payments-commission-includes-both-direct-and-indirect-modes-of-payments · The Supreme Court in the case of Singapore Airlines Ltd. v. CIT has held that provisions of Tax Deduction at Source (‘TDS’) under Section 194H of the Income Tax Act, 1961 would apply in case of commission paid by indirect mode of payment. The Court in this judgement dated 14 November 2022 observed that the word ‘commission’ is to be interpreted expansively, inclusive of both direct and indirect modes of payments.
Trademarks – International registration – Deemed protection under Section 35E(5) cannot be extended when opposition filed within time · 2022-11-09 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-international-registration · The Delhi High Court has held that in case of failure of the Registrar of Trade Marks to notify its acceptance of extension of the trademarks under international registration (under the Madrid Protocol) where India has been designated to the International Bureau, a deemed protection cannot be extended to the trademark where the same has been opposed within the time for notice of opposition.
Provisions of MSMED Act will prevail over Arbitration Act – Presence of independent arbitration agreement is not material · 2022-11-02 · Arbitration · https://www.lkslaw.com/insights/news/provisions-of-msmed-act-will-prevail-over-arbitration-act · The Supreme Court in its judgment dated 31 October 2022 has held, that Chapter-V of the Micro, Small, and Medium Enterprises Development Act, 2006 (‘MSMED Act’), dealing with delayed payments to micro and small enterprises would override the provisions of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’).
No interest and penalty imposable on demand of Customs Additional duty, SAD and surcharge · 2022-10-18 · Customs · https://www.lkslaw.com/insights/news/no-interest-and-penalty-imposable-on-demand-of-customs-additional-duty-sad-and-surcharge · The Bombay High Court has recently held that interest and penalty cannot be recovered by taking recourse to machinery relating to recovery of duty.
Arbitral Tribunal to provide rationale for determination of interest rate in the award · 2022-10-12 · Arbitration · https://www.lkslaw.com/insights/news/arbitral-tribunal-to-provide-rationale-for-determination-of-interest-rate-in-the-award · The Supreme Court has ruled that when discretion is vested on an arbitral tribunal to award interest at a rate that it deems reasonable, then a duty would be cast upon the arbitral tribunal to give reasons as to how it deems the rate of interest to be reasonable.
Bar of patentability under Section 3(d) – Non-identification of ‘known substance’ is fatal · 2022-10-06 · Intellectual Property · https://www.lkslaw.com/insights/news/bar-of-patentability-under-section-3-d-non-identification-of-known-substance-is-fatal · The Delhi High Court has held that for an objection of non-patentability under Section 3(d) of the Patents Act, 1970 to be raised, the basic pre-condition would be the identification of the ‘a known substance’. Section 3(d) bars patentability of a ‘new form’ of ‘a known substance’, without establishing enhanced therapeutic efficacy.
Countervailing duty cannot be revoked before completion of sunset review · 2022-09-27 · International Trade and WTO · https://www.lkslaw.com/insights/news/countervailing-duty-cannot-be-revoked-before-completion-of-sunset-review · The Gujarat High Court has held that it is not open to the Central Government to straightway issue the Notification rescinding the countervailing duty, during the sunset review investigation in respect of continuance of countervailing duty which has been already initiated and kept undecided.
Resolution Plan ignoring dues of State Government/Legal Authority to be rejected · 2022-09-21 · Commercial Litigation · https://www.lkslaw.com/insights/news/resolution-plan-ignoring-dues-of-state-government-legal-authority-to-be-rejected · The Supreme Court has held that if the Resolution Plan ignores the statutory demands payable to any State Government or legal authority, the Adjudicating Authority is bound to reject the same.
No protection under Designs Act even if trademark registration cancelled subsequently · 2022-09-16 · Intellectual Property · https://www.lkslaw.com/insights/news/no-protection-under-designs-act-even-if-trademark-registration-cancelled-subsequently · In a case where the plaintiff had made a simultaneous claim in the shape of its product as a design as also as a trademark, the Delhi High Court has agreed with the defence of the defendant that the design of the plaintiff was incapable of being registered.
IBC prevails over Customs Act – Customs cannot recover dues once moratorium imposed · 2022-08-31 · Insolvency · https://www.lkslaw.com/insights/news/ibc-prevails-over-customs-act-customs-cannot-recover-dues-once-moratorium-imposed · A 3-Judge Bench of the Supreme Court in its judgment dated 26 August 2022 has held that the provisions of the Insolvency and Bankruptcy Code, 2016 will prevail over the provisions of the Customs Act, 1962.
Patents – Jurisdiction of Competition Commission · 2022-08-22 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-jurisdiction-of-competition-commission · The Delhi High Court in this regard found itself unable to read Section 3(5) of the Competition Act, 2002 as excluding the jurisdiction of the Commission completely even though the information may relate to issues pertaining to an anti-competitive environment, abuse of dominant position or the adoption of an unfair trade practice.
SEIS benefits available even when no valid IEC number held at time of export of services · 2022-08-16 · Customs · https://www.lkslaw.com/insights/news/seis-benefits-available-even-when-no-valid-iec-number-held-at-time-of-export-of-services · The Bombay High Court has allowed the benefit of Services Exports from India Scheme (SEIS) in a case where the exporter had no valid Importer Exporter Code (IEC) number at the time of rendering export of services.
Competition Law 2.0 – An analysis of the Competition (Amendment) Bill, 2022 · 2022-08-10 · Competition & Antitrust · https://www.lkslaw.com/insights/news/competition-law-2-0-an-analysis-of-the-competition-amendment-bill-2022 · The Competition (Amendment) Bill (‘Bill’) was first published for public consultation in February 2020 and it is only on 5 August 2022 that it has finally been tabled before the Indian Parliament. The Bill is a concerted effort to harmonize competition law with the evolving realities of businesses today. The Bill proposes to amend both substantive and procedural aspects of competition law. We discuss the top ten, key amendments proposed...
No service tax on composite works contract prior to 2007 changes – Apex Court rejects plea to reconsider decision in Larsen and Toubro Ltd. · 2022-08-03 · GST Consultancy · https://www.lkslaw.com/insights/news/no-service-tax-on-composite-works-contract-prior-to-2007-changes-apex-court-rejects-plea-to-reconsider-decision-in-larsen-and-toubro-ltd · The Supreme Court has reiterated that service tax could not be levied on the service portion of the indivisible/composite works contracts prior to the introduction of the Finance Act, 2007, by which the Finance Act, 1994 came to be amended to introduce Section 65(105)(zzzza) pertaining to works contracts.
Chocolates ‘James Bond’ a complete knock-off of ‘Gems’ – Delhi HC notes similar packaging and confusion among children · 2022-07-29 · Intellectual Property · https://www.lkslaw.com/insights/news/chocolates-james-bond-a-complete-knock-off-of-gems-delhi-hc-notes-similar-packaging-and-confusion-among-children · Considering the resemblance in the product packaging, as also the phonetic similarity between the marks ‘Gems’ and ‘James Bond’, the Delhi High Court has granted permanent injunction against the use of the latter mark by the defendant.
GST – Supreme Court directs GSTN to open common portal for filing Tran-1 and Tran-2 for availing transitional credit · 2022-07-25 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/gst-supreme-court-directs-gstn-to-open-common-portal-for-filing-tran-1-and-tran-2-for-availing-transitional-credit · The Supreme Court has directed the Goods and Service Tax Network (GSTN) to open common portal for filing forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 1 September 2022 to 31 October 2022.
NCLT has discretion to reject financial creditor’s CIRP application even when corporate debtor is in default · 2022-07-16 · Insolvency · https://www.lkslaw.com/insights/news/nclt-has-discretion-to-reject-financial-creditor-s-cirp-application · The Supreme Court has held that Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016 confers discretionary power on the NCLT with respect to admission of application under said provision. The Court was however of the view...
Indian Central Bank notifies mechanism for international trade settlement in Indian Rupees · 2022-07-13 · Customs · https://www.lkslaw.com/insights/news/indian-central-bank-notifies-mechanism-for-international-trade-settlement-in-indian-rupees · The Reserve Bank of India has vide A.P. (DIR Series) Circular No.10 - RBI/2022-23/90, dated 11 July 2022 set up an international trade settlement mechanism in the Indian Rupee (‘INR’) to promote exports from India and to support the increasing interest of the global trading community in Indian rupee.
47th GST Council Meeting – Highlights of changes in respect of services · 2022-07-01 · GST Consultancy · https://www.lkslaw.com/insights/news/47th-gst-council-meeting-highlights-of-changes-in-respect-of-services · The GST Council in its meeting held on 28 and 29 of June 2022 has recommended many changes in the GST rates for various services. Similarly, the Council has also sought to clarify on the rates of GST in respect of various specified services.
47th GST Council Meeting – Changes proposed in GST law and procedure · 2022-06-30 · GST Consultancy · https://www.lkslaw.com/insights/news/47th-gst-council-meeting-changes-proposed-in-gst-law-and-procedure · The 47th GST Council Meeting held on 28th and 29th of June 2022 has recommended number of measures in respect of GST law and procedures, including many changes in the GST rates for various goods and services.
The ‘Geneva Package’ of WTO’s 12th Ministerial Conference – Highlights · 2022-06-20 · International Trade and WTO · https://www.lkslaw.com/insights/news/the-geneva-package-of-wto-s-12th-ministerial-conference-highlights · WTO’s 12th Ministerial Conference (‘MC’) concluded on 17 June 2022 with some great results. Among the 9 Ministerial declarations/decisions, the prominent ones include Agreement on Fisheries Subsidies and Ministerial Decision on the TRIPS Agreement.
TDS on perquisites and benefits – CBDT issues guidelines on new Section 194R · 2022-06-17 · Direct Tax · https://www.lkslaw.com/insights/news/tds-on-perquisites-and-benefits-cbdt-issues-guidelines-on-new-section-194r · The Central Board of Direct Taxes (CBDT) has issued elaborate guidelines on the provisions of Section 194R of the Income Tax Act, 1961 which mandates a person, who is responsible for providing any benefit or perquisite to a resident, to deduct tax at source @ 10% of the value or aggregate of value of such benefit or perquisite.
Recovery certificate holder can initiate CIRP as financial creditor within three years of issuance of certificate · 2022-06-10 · Commercial Litigation · https://www.lkslaw.com/insights/news/recovery-certificate-holder-can-initiate-cirp-as-financial-creditor-within-three-years-of-issuance-of-certificate · Holding that liability in respect of a claim arising out of a recovery certificate would be a ‘financial debt’, the 3-Judge Bench of the Supreme Court has held that a person who holds a recovery certificate would be a ‘financial creditor’ within the meaning of clause (7) of Section 5 of the Insolvency and Bankruptcy Code, 2016.
IPR suits, even those valued below INR 0.3 million, to be instituted before District Judge (Commercial) · 2022-06-07 · Intellectual Property · https://www.lkslaw.com/insights/news/ipr-suits-even-those-valued-below-inr-0-3-million-to-be-instituted-before-district-judge-commercial · The Delhi High Court has directed that all IPR suits are to be instituted before the District Judge (Commercial) and if IPR suit is valued below INR 0.3 million (INR 3 lakh), the Commercial Court shall examine the specified value and suit valuation to ensure it is not arbitrary or unreasonable and the suit is not undervalued.
Copyright infringement is a cognizable and non-bailable offense · 2022-05-30 · Intellectual Property · https://www.lkslaw.com/insights/news/copyright-infringement-is-a-cognizable-and-non-bailable-offense · Allowing an appeal against the decision of the Delhi High Court, the Supreme Court has held that the offense of copyright infringement under Section 63 the Copyright Act, 1957 is a cognizable and non-bailable offence.
IGST not payable by Indian importer on RCM basis on ocean freight in case of CIF imports · 2022-05-23 · GST Consultancy · https://www.lkslaw.com/insights/news/igst-not-payable-by-indian-importer-on-rcm-basis-on-ocean-freight-in-case-of-cif-imports · The Supreme Court in its judgment dated 19 May 2022 has held that the Indian importer cannot be subject to the levy of Integrated Goods and Services Tax (‘IGST’), on reverse charge basis, on the component of ocean freight paid by the foreign seller to a foreign shipping line, in a case of CIF imports, i.e. where the cost, insurance and freight were initially borne by the foreign exporter.
Trademarks – Domain name registration – No omnibus injunction against offerings by DNRs – Registries however to ensure that infringing domain names are not suggested as alternatives · 2022-05-12 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-domain-name-registration-no-omnibus-injunction-against-offerings-by-dnrs · The Delhi High Court has reiterated its stand of not granting any omnibus injunction to the domain name registries (DNRs).
Arbitration – Group of Companies doctrine for inclusion of non-signatories – Supreme Court refers issue to Larger Bench · 2022-05-10 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-group-of-companies-doctrine-for-inclusion-of-non-signatories-supreme-court-refers-issue-to-larger-bench · Dealing with an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), the 3-Judge Bench of the Supreme Court has doubted the correctness of its earlier decision in the case Chloro Controls India Pvt. Ltd. v. Seven Trent Water Purification and number of subsequent decisions following it on application to the ‘Group of Companies Doctrine’.
Reassessment notices issued under pre-amended Section 148, though issued after 1 April 2021, are valid – New procedure however applicable · 2022-05-05 · Direct Tax · https://www.lkslaw.com/insights/news/reassessment-notices-issued-under-pre-amended-section-148-though-issued-after-1-april-2021-are-valid-new-procedure-however-applicable · The Supreme Court has, in its judgement dated 4 May 2022, held that the reassessment notices issued under unamended Section 148 of the Income Tax Act, 1961, but after the amendments by the Finance Act, 2021, are valid.
Arbitration – Group of Companies Doctrine when bounds non-signatory to an arbitration agreement · 2022-05-03 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-group-of-companies-doctrine-when-bounds-non-signatory-to-an-arbitration-agreement · The Supreme Court has reiterated that a party which is not a signatory to a contract containing an arbitration clause may be bound by the agreement to arbitrate if it is an alter ego of a party that executed the agreement.
Phonetic identity is an important index of similarity; Tests of phonetic, visual, and structural similarity are disjunctive · 2022-04-28 · Intellectual Property · https://www.lkslaw.com/insights/news/phonetic-identity-is-an-important-index-of-similarity · The Delhi High Court while dealing with a suit for a permanent injunction observed that a phonetic identity or similarity is an important index of similarity or deceptive similarity of one mark against the other competing mark. It has also reiterated that the tests of phonetic, visual, and structural similarity or identity are disjunctive and not conjunctive.
Insolvency – ‘CIRP costs’ to include only salaries of employees who worked during CIRP · 2022-04-25 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-cirp-costs-to-include-only-salaries-of-employees-who-worked-during-cirp · The Supreme Court has held that the dues towards the wages/salaries of only those workmen/employees who actually worked during the Corporate Insolvency Resolution Process (CIRP) are to be included in the CIRP costs.
Mere similarities will not come under the purview of copyright · 2022-04-22 · Intellectual Property · https://www.lkslaw.com/insights/news/mere-similarities-will-not-come-under-the-purview-of-copyright · The Kerala High Court has held that mere similarities will not come under the purview of copyright unless it satisfies the various clauses incorporated in Section 14 of the Copyrights Act.
Insolvency – Distinction of decree holders from financial creditors is intelligible · 2022-04-13 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-distinction-of-decree-holders-from-financial-creditors-is-intelligible · The Supreme Court has on 11 April 2022 dismissed a Special Leave Petition against the decision of the High Court of Tripura at Agarthala, wherein the High Court had held that the distinction of decree holders as creditors from ‘financial creditors’ and ‘operational creditors’, is intelligible and takes forward the purpose of the Insolvency and Bankruptcy Code, 2016, without being discriminatory or arbitrary.
Income-tax assessment of amalgamating company when not wrong · 2022-04-07 · Direct Tax · https://www.lkslaw.com/insights/news/income-tax-assessment-of-amalgamating-company-when-not-wrong · The Supreme Court has held that the question as to whether the corporate death of an entity upon amalgamation per se invalidates an assessment order, ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956, but would depend on the terms of the amalgamation and the facts of each case.
India-Australia Economic Cooperation and Trade Agreement: An Overview · 2022-04-05 · International Trade and WTO · https://www.lkslaw.com/insights/news/india-australia-economic-cooperation-and-trade-agreement-an-overview · India has on 2 April 2022 signed an Economic Cooperation and Trade Agreement (ECTA) with Australia. After Japan and Korea, Australia is the third OECD country to sign a free trade agreement with India. This is India’s third Trade Agreement in recent times after it concluded similar agreements with UK (only early harvest agreement) and UAE.
GST and income tax changes from 1 April 2022 · 2022-04-01 · Direct Tax · https://www.lkslaw.com/insights/news/gst-and-income-tax-changes-from-1-april-2022 · Various changes are coming into force in the GST and Income Tax regimes, effective from the financial year 2022-23. Some of these changes flow directly from the Budget 2022 while others come from various circulars and notifications. Some of the major changes effective from 1 April 2022 are as ...
Supreme Court’s extension of limitation period owing to Covid-19 applicable to Trade Marks Opposition Proceedings · 2022-03-28 · Intellectual Property · https://www.lkslaw.com/insights/news/supreme-court-s-extension-of-limitation-period-owing-to-covid-19-applicable-to-trade-marks-opposition-proceedings · The Delhi High Court has, vide its Order dated 21 March 2022 in Dr. Reddy’s Laboratories Limited & Ors. v. Controller General of Patents, Designs, and Trademarks & Anr.
No demand from successor entity when tax paid by predecessor during period from appointed date till approval of scheme of demerger by High Court · 2022-03-23 · GST Consultancy · https://www.lkslaw.com/insights/news/no-demand-from-successor-entity-when-tax-paid-by-predecessor · The Gujarat High Court has set aside the demand from the successor entity in respect of the goods cleared during the period w.e.f. the appointed date till the scheme of demerger approved by the High Court, on which excise duty had already been deposited by the transferor/predecessor.
Patents – Exemption under Section 107A(b) covers only products patented under Indian Patents regime – Essentiality of elements to be seen · 2022-03-09 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-exemption-under-section-107a-b · Granting interim relief, the Court in the case Sotefin SA v. Indraprastha Cancer Society and Research Center also held that the words ‘patented products’ covered under Section 107A(b) of the Patents Act, 1970 would include only those products which are patented under the Indian Patents regime...
Sunset review of anti-dumping duty – Existence of sufficient factual material is mandatory to apply exception of continuation of duty · 2022-03-01 · International Trade and WTO · https://www.lkslaw.com/insights/news/sunset-review-of-anti-dumping-duty-existence-of-sufficient-factual-material · The anti-dumping bench of the CESTAT has upheld the final findings of the Designated Authority (‘DA’) in the Directorate General of Trade Remedies (‘DGTR’), in the sunset review, for non-continuation of anti-dumping duty on PVC flex films from China PR. Dismissing the appeal filed by the domestic industry, the Tribunal observed that the DA was justified in holding that there did not exist sufficient factual material to allow it to conclude that there was a likelihood of continuation...
No confiscation of land, building and plant and machinery after omission of Central Excise Rule 173Q(2) · 2022-02-28 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/news/no-confiscation-of-land-building-and-plant-and-machinery-after-omission-of-rule-173q-2 · Observing that on the date of the confiscation in March 2007, Rule 173Q(2) of the Central Excise Rules, 1944 stood omitted from the statute books vide Notification dated 12 May 2000, the Supreme Court has set aside the confiscation of land, building and plant and machinery under said Rule 173Q(2).
No tax exemption to pharma companies on gifts to doctors · 2022-02-23 · Direct Tax · https://www.lkslaw.com/insights/news/no-tax-exemption-on-gifts-to-doctors-by-pharma-companies · The Supreme Court has held that pharmaceutical companies are not entitled to claim tax exemption on the expenditures in giving gifts/freebies to doctors to promote their respective medicines. The Apex Court in its decision dated 22 February 2022 noted that the claim of any expense incurred in providing gifts/ freebees in violation of the provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 shall be inadmissible under Section 37(1) of Income Tax...
India UAE sign trade agreement on goods and services · 2022-02-21 · International Trade and WTO · https://www.lkslaw.com/insights/news/india-uae-sign-trade-agreement-on-goods-and-services · India has on 18th of February signed a Comprehensive Economic Partnership Agreement (‘CEPA’) with the United Arab Emirates. The Agreement which is expected to be operational with effect from May 2022, while will allow duty-free import of food products, textiles, gems & jewellery and pharmaceuticals into UAE from India, imports of certain petrochemicals and dates from UAE will also see import duty cuts in India.
Trademark disparagement – Comparison pointing out deficiency of rival product slanderous and mischievous · 2022-02-17 · Intellectual Property · https://www.lkslaw.com/insights/news/trademark-disparagement · Applying the Delhi High Court decision in the case of Reckitt Benckiser (India) Pvt. Ltd. v. Hindustan Lever Limited [151 (2008) DLT 650], the Calcutta High Court has held that an advertisement claiming that Baidhyanath Chyawanprash Special is ‘enriched with 52 Ayurvedic herbs’ whereas ‘ordinary Chyawanprash’ are made ‘with 42 ingredients only’, is disparaging.
Purchaser of goods/services can also be an operational creditor · 2022-02-10 · Insolvency · https://www.lkslaw.com/insights/news/purchaser-of-goods-services-can-also-be-an-operational-creditor
Indian Union Budget 2022 proposes a scheme for taxation of virtual digital assets · 2022-02-01 · Direct Tax · https://www.lkslaw.com/insights/news/indian-union-budget-2022-proposes-a-scheme-for-taxation-of-virtual-digital-assets · Presenting the Union Budget 2022, the Finance Minister of India has on 1 February 2022 proposed a new scheme to provide for taxation of virtual digital assets.
Words ‘Renaissance’ and ‘Sai Renaissance’ are phonetically as well as visually similar – Confusion to be presumed in infringement action when marks and goods/services identical · 2022-01-23 · Intellectual Property · https://www.lkslaw.com/insights/news/words-renaissance-and-sai-renaissance-are-phonetically-as-well-as-visually-similar · The 3-Judge Bench of the Supreme Court of India has set aside the High Court decision which in turn had set aside the Trial Court decision holding that the ‘Renaissance’ mark of the plaintiff would be eligible for protection under Section 29(2)(c) read with Section 29(3) of the Trade Marks Act, 1999 against use of the mark ‘Sai Renaissance’ by the defendant, for the same hotel and hospitality services.
Faceless Assessment Scheme does not mean no personal hearing – Word ‘may in Section 144B(7)(viii) should be read as ‘must’ or ‘shall’ · 2022-01-17 · Direct Tax · https://www.lkslaw.com/insights/news/faceless-assessment-scheme-does-not-mean-no-personal-hearing · The Delhi High Court has opined that a faceless assessment scheme does not mean no personal hearing. The Court in this regard was of the view that where an action entails civil consequences, observance of natural justice would be warranted. It held that unless the law specifically excludes the application of natural justice, it should be taken as implanted into the scheme.
Limitation for judicial or quasi-judicial proceedings – Supreme Court excludes period from 15 March 2020 till 28 February 2022 · 2022-01-11 · Tax Compliance Review · https://www.lkslaw.com/insights/news/limitation-for-judicial-or-quasi-judicial-proceedings · Taking into consideration the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, the Supreme Court of India has directed that the period from 15 March 2020 till 28 February 2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.
TED refund on supplies to EOU by DTA unit – DGFT to refund TED paid in cash · 2022-01-07 · Customs · https://www.lkslaw.com/insights/news/ted-refund-on-supplies-to-eou-by-dta-unit-dgft-to-refund-ted-paid-in-cash · The 3-Judge Bench of the Supreme Court of India has recently held that the responsibility of refund of Terminal Excise Duty (‘TED’), in case of supplies to an Export Oriented Unit (‘EOU’) unit by a Domestic Tariff Area (‘DTA’) unit, in reference to applicable Foreign Trade Policy (‘FTP’), would be that of the authority responsible to implement the FTP under the Foreign Trade (Development and Regulation) Act, 1992.
Biological diversity Act sought to be amended – Bill proposed in Lower House of Indian Parliament · 2022-01-04 · Intellectual Property · https://www.lkslaw.com/insights/news/biological-diversity-act-sought-to-be-amended-bill-proposed-in-lower-house-of-indian-parliament · A Bill to amend the Biological Diversity Act, 2002 has been proposed in the Lower House (Lok Sabha) of the Indian Parliament.
Copyrights – Assignee to copyright cannot grant license without being a copyright society · 2021-12-13 · Intellectual Property · https://www.lkslaw.com/insights/news/copyrights-assignee-to-copyright-cannot-grant-license-without-being-a-copyright-society · The Madras High Court has held that assignee of the copyright is not legally permitted to issue or grant license under the Copyright Act, 1957 without being a copyright society under the said Act as contemplated under its Section 33.
Invisible use of trademark as keyword is also prima facie ‘use’ under Section 29 – Google cannot absolve itself from the liability · 2021-12-09 · Intellectual Property · https://www.lkslaw.com/insights/news/invisible-use-of-trademark-as-keyword-is-also-prima-facie-use-under-section-29-google-cannot-absolve-itself-from-the-liability · The Delhi High Court has held that invisible use of trademark to divert the traffic from proprietors’ website to the advertisers’ / infringers’ website shall prima facie amount to ‘use’ of the mark under Section 29 of the Trademarks Act, 1999, which includes Section 29(6) and 29(8) related to advertising.
Guidelines under Section 194O, 194Q and 206C of Income-Tax Act, 1961 · 2021-12-06 · Direct Tax · https://www.lkslaw.com/insights/news/guidelines-under-section-194o-194q-and-206c-of-income-tax-act-1961 · The Central Board of Direct Taxes (CBDT) has issued a new set of guidelines on 25 November 2021 with respect to the provisions relating to newly inserted Sections on Tax Deduction at Source (TDS) and Tax Collected at Source (TCS).
Copyrights – Commonality of arrangement of known elements must be demonstrated for infringement · 2021-11-26 · Intellectual Property · https://www.lkslaw.com/insights/news/copyrights-commonality-of-arrangement-of-known-elements-must-be-demonstrated-for-infringement · The Bombay High Court has reiterated that if a copyright is claimed in the arrangement or assembly, it must be shown that that the arrangement has been substantially copied. According to the Court, it will not be helpful to say that known elements have been put together in some form, and that those elements also feature in the other work.
‘Manufactured sand’ covered under ‘sand’ – Common parlance is the best way to classify goods · 2021-11-10 · (no practice area listed) · https://www.lkslaw.com/insights/news/manufactured-sand-covered-under-sand-common-parlance-is-the-best-way-to-classify-goods · Applying the principle of common parlance, the Karnataka High Court has held that ‘sand’ includes ’manufactured sand’ in whatever name it would be called. The High Court was of the view that Notification dated 31 March 2015 was only clarificatory and would not disentitle the assessee to claim the reduced rate of tax at 5/5.5% under Entry 83 of the Third Schedule of the Karnataka Valued Added Tax Act.
Anti-absorption provisions introduced in anti-dumping and countervailing duties Rules · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/anti-absorption-provisions-introduced · The Ministry of Finance has introduced the provisions relating to ‘anti-absorption’ in the trade remedy measures being enforced by India. Amendments in this regard have been made in the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995.
Right of refund of amount paid during investigation when is independent of process of investigation · 2021-10-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/right-of-refund-of-amount-paid-during-investigation · The Karnataka High Court has directed the Revenue department to consider assessee’s refund application in respect of the amount paid during investigation in November 2019. The investigation was not concluded till the hearing before the Court. Considering the facts of the case where it found that the amount was not paid voluntarily, and the assessee was a bona fide taxpayer, the Court observed that consideration of the right of refund would be independent of the process of investigation.
GST Registration – High Courts rule against cancellation of registration · 2021-10-25 · GST Consultancy · https://www.lkslaw.com/insights/news/gst-registration-high-courts-rule-against-cancellation-of-registration · Two High Courts have recently held against cancellation of GST registrations of the assessees by the Revenue department in certain specific situations. While Orissa High Court has held that the registration of purchasing dealer cannot be cancelled for a fraud committed by the selling dealer, Patna High Court has held that GST registration cannot be cancelled without considering reasons for delay in filing of the periodic GST returns.
More flexible capital reorganization for private companies – Reclassification of equity shares as preference shares not impermissible · 2021-10-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/more-flexible-capital-reorganization-for-private-companies · In an interesting application for sanctioning a scheme of amalgamation, which involved conversion of equity shares into preference shares, the National Company Law Tribunal (‘NCLT’) has held that such reclassification is permissible and could not be deemed to be impermissible.
Reassessment proceedings, on or after 1 April 2021, can be initiated only in accordance with the new reassessment provisions brought by Finance Act, 2021 · 2021-10-18 · Direct Tax · https://www.lkslaw.com/insights/news/reassessment-proceedings-on-or-after-1-april-2021-can-be-initiated-only-in-accordance-with-the-new-reassessment-provisions · A batch of writ petitions were filed by various individual petitioners before the Allahabad HC, challenging the validity of initiation of re-assessment proceedings under the erstwhile Section 148 of the IT Act, by way of notices issued after 1 April 2021. The Court categorically held that any reassessment proceedings initiated after 1 April 2021 can be initiated only in accordance with the New Provisions.
Passing off in ‘get up’ or packaging – Karnataka High Court lays down guidelines · 2021-10-07 · Intellectual Property · https://www.lkslaw.com/insights/news/passing-off-in-get-up-or-packaging-karnataka-high-court-lays-down-guidelines · The Karnataka High Court recently laid down certain guidelines for passing off cases in respect of the get up of the product or service. According to it ‘material misrepresentation’ occurs when the central or prominent feature of plaintiffs goods is embodied in the defendant’s such a way that the public may be led to believe that there is or may be a relevant connection between the two parties.
Production Linked Incentive (PLI) scheme for automobile and auto components notified · 2021-09-27 · Regulatory · https://www.lkslaw.com/insights/news/production-linked-incentive-pli-scheme-for-automobile-and-auto-components-notified · The Ministry of Heavy Industries has notified the Production Linked Incentive (‘PLI’) scheme for the automobile and auto components industry. Certain highlights of the scheme which is to be read along with the guidelines laid down for the effective operation and smooth implementation of the scheme are...
Fees payable by educational institutions reduced – Patents Rules, 2003 amended · 2021-09-24 · Intellectual Property · https://www.lkslaw.com/insights/news/fees-payable-by-educational-institutions-reduced-patents-rules-2003-amended · The Government of India has notified the Patents (Amendment) Rules, 2021 on 21 September 2021. Amending the Patent Rules, 2003 with effect from 21 September 2021, the Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has extended the benefit of reduction in official fees to educational institutions also.
Refund due to inverted rate structure – Supreme Court urges GST Council to reconsider the formula · 2021-09-15 · (no practice area listed) · https://www.lkslaw.com/insights/news/refund-due-to-inverted-rate-structure-supreme-court-urges-gst-council-to-reconsider-the-formula · The Supreme Court of India has strongly urged the GST Council to reconsider the formula relating to calculation of refund due to inverted duty structure and take a policy decision regarding the same. The Court in its decision dated 13 September 2021 noted that the practical effect of the formula might result in certain inequities and anomalies.
Champagne as a service – Protection to product PDO also available where the disputed sign designates a service · 2021-09-13 · Intellectual Property · https://www.lkslaw.com/insights/news/champagne-as-a-service-protection-to-product-pdo-also-available-where-the-disputed-sign-designates-a-service · The Court of Justice of the European Union has held that Article 103(2)(b) of the EU Regulation No. 1308/2013 does not require that the product protected by a Protected Designation of Origin (‘PDO’) and the product or service covered by the disputed sign be identical or similar.
Production Linked Incentive (PLI) Scheme for textiles approved by Union Cabinet · 2021-09-09 · Regulatory · https://www.lkslaw.com/insights/news/production-linked-incentive-pli-scheme-for-textiles-approved-by-union-cabinet · As part of the earlier announcement of PLI Schemes for 13 sectors, the Union Government has, on 8 September 2021, approved a Production Linked Incentive Scheme for textiles. The Scheme with a budgetary outlay of INR 10,683 crore over five years, will be applicable for man-made fiber (MMF) apparel, MMF fabrics and 10 segments/products of technical textiles.
RoDTEP Scheme to replace MEIS notified · 2021-08-20 · Customs · https://www.lkslaw.com/insights/news/rodtep-scheme-to-replace-meis-notified · The Ministry of Finance in the press conference held on 14 September 2019 had announced the rollout of Remission of Duties and Taxes on Exported Products (‘RoDTEP’) scheme replacing the existing MEIS scheme.
Area-based exemption – Limitation for filing applications for special rates · 2021-08-16 · GST Consultancy · https://www.lkslaw.com/insights/news/area-based-exemption-limitation-for-filing-applications-for-special-rates · The Gauhati High Court has held that application for fixation of special rate of value addition under Notification No. 17/2008-C.E. as amended by Notification 31/2008-C.E. ought not to have dismissed by the Department on grounds of limitation when such applications were filed immediately after the decision of the Supreme Court dated 22 April 2020 in the case of VVF Ltd.
Retrospectivity cannot be presumed by use of words ‘for removal of doubt’ · 2021-08-12 · Direct Tax · https://www.lkslaw.com/insights/news/retrospectivity-cannot-be-presumed-by-use-of-words-for-removal-of-doubt · A provision in a tax law cannot be presumed to be retrospective if it alters or changes the law as it earlier stood, even if it uses the words ‘for the removal of doubt’. Reiterating this, the Supreme Court of India has allowed the appeal of an assessee in a case where debentures were issued in favour of financial institutions in lieu of interest accrued and payable to the financial institutions.
Online gaming – Madras HC quashes law prohibiting games played for stake even if involving skill · 2021-08-05 · General Corporate · https://www.lkslaw.com/insights/news/online-gaming-madras-hc-quashes-law-prohibiting-games-played-for-stake-even-if-involving-skill · The Madras High Court has struck down the amendment in the Tamil Nadu Gaming Act, 1930, which prohibited all forms of games being conducted in cyberspace, irrespective of the game involved being a game of mere skill, if such game is played for a wager, bet, money or other stake. The amendment was brought in by an Ordinance last year and was formalised by the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 recently.
Parliamentary Committee recommends re-establishment of IPAB and many changes in Indian patent regime · 2021-07-27 · Intellectual Property · https://www.lkslaw.com/insights/news/parliamentary-committee-recommends-re-establishment-of-ipab-and-many-changes-in-indian-patent-regime · The Department Related Parliamentary Standing Committee on Commerce has on 23 July 2021 submitted its Report reviewing the intellectual property rights regime in India. The Committee in its 161st Report submitted before both the Houses of the Indian Parliament, while recommending the re-establishing the Intellectual Property Appellate Board (‘IPAB’), has also suggested many changes in the Patents Act, 1970.
Customs brokers licence and registration under sea cargo regulations to be valid for lifetime · 2021-07-26 · Customs · https://www.lkslaw.com/insights/news/customs-brokers-licence-and-registration-under-sea-cargo-regulations-to-be-valid-for-lifetime · The Central Board of Indirect Taxes and Customs (‘CBIC’) has abolished the renewals of licence/registration under the Customs Brokers Licensing Regulations, 2021 and the Sea Cargo Manifest and Transhipment Regulations, 2018. The licenses/registrations once issued these Regulations would thus be valid for lifetime.
Intellectual Property Division (IPD) created at Delhi High Court with immediate effect · 2021-07-07 · Intellectual Property · https://www.lkslaw.com/insights/news/intellectual-property-division-ipd-created-at-delhi-high-court · The Delhi High Court has created an Intellectual Property Division (‘IPD’) at the High Court to deal with matters related to Intellectual Property Rights. As per the Office Order dated 7 July 2021 signed by the Registrar General, the IPD would be governed by the IPD Delhi High Court Rules...
Insolvency – Value of security or recoverability of debt not material for not triggering CIRP · 2021-06-21 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-value-of-security-or-recoverability-of-debt-not-material-for-not-triggering-cirp · The National Company Law Tribunal (NCLT), Mumbai has held that in a Petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, only the debt and default need to be looked in to and that the value of the security would have no bearing on the legal requirement, which when satisfied would trigger the Corporate Insolvency Resolution Process (CIRP).
Copyright infringement – Direction to WhatsApp to suspend accounts unauthorizedly circulating film content · 2021-06-16 · Intellectual Property · https://www.lkslaw.com/insights/news/copyright-infringement-direction-to-whatsapp-to-suspend-accounts-unauthorizedly-circulating-film-content · The Delhi High Court has directed WhatsApp LLC to suspend the WhatsApp accounts of specified defendants to ensure that they cease the infringement of the plaintiff’s copyright on WhatsApp.
IP rights cannot be allowed to be violated even if drugs for use against Covid · 2021-06-08 · Intellectual Property · https://www.lkslaw.com/insights/news/ip-rights-cannot-be-allowed-to-be-violated-even-if-drugs-for-use-against-covid · In a suit for alleged infringement of the copyright in the artistic work in the trade dress and attempt to pass off and infringe the trademark of the plaintiff in the word ‘Respule’, the Madras High Court has advised the defendant to suitably alter not only the trade dress, layout colour combination, design and artistic work on the label but also the words which are deceptively similar to plaintiff's trade mark.
Creditors/lenders can initiate insolvency proceedings against personal guarantors · 2021-06-05 · Insolvency · https://www.lkslaw.com/insights/news/creditors-lenders-can-initiate-insolvency-proceedings-against-personal-guarantors · The Supreme Court in a recent judgment has held that the Notification dated 15 November 2019 (‘Notification’), which notified the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (Rules), is ‘legal and valid’.
Crushing, pulverizing, converting and packing of spices into powder form is ‘manufacture’ · 2021-05-26 · GST Consultancy · https://www.lkslaw.com/insights/news/crushing-pulverizing-converting-and-packing-of-spices-into-powder-form-is-manufacture · The Larger Bench of the Customs, Excise and Service Tax Appellate Tribunal (‘CESTAT’) has on 25 May 2021 held that the activity of crushing, pulverizing, converting and packing of spices into powder form amounts to ‘manufacture’. The question as to whether the activity would be liable to service tax under Business Auxiliary Service (‘BAS’), was thus answered in negative.
Customs Valuation – Notional transportation cost not includible in value of fuel remaining in aircraft after incoming international flight · 2021-05-26 · Customs · https://www.lkslaw.com/insights/news/notional-transportation-cost-not-includible-in-value-of-fuel-remaining-in-aircraft · The Larger Bench of the CESTAT has recently held that notional cost towards freight charges is not required to be added to the value of Aviation Turbine Fuel remaining in the aircraft after its international flight into India. It held that firstly there was no transportation of ATF by the airlines and secondly, only the actual cost ‘paid’ or ‘payable’ can be added to the transaction value while no cost was incurred by the airlines here.
Construction cess not payable on contracts not having any construction component · 2021-05-24 · General Corporate · https://www.lkslaw.com/insights/news/construction-cess-not-payable-on-contracts-not-having-any-construction-component · The Supreme Court, in its recent judgment, has finally settled a long pending issue by holding that contracts which cover works other than civil works and do not involve any construction, do not attract cess under the Building and Other Construction Workers’ Welfare Cess Act, 1996.
Mere forwarding of WhatsApp messages as received when not amounts to sharing ‘unpublished price sensitive information’ · 2021-05-18 · General Corporate · https://www.lkslaw.com/insights/news/mere-forwarding-of-whatsapp-messages-as-received-when-not-amounts-to-sharing-unpublished-price-sensitive-information · The Securities Appellate Tribunal has held that mere ‘forwarded as received’ WhatsApp message circulated on a group regarding quarterly financial results of a Company, closely matching with the vital statistics, some time before the publication of the same, not amounts to an unpublished price sensitive information (‘UPSI’) under SEBI (Prohibition of Insider Trading) Regulations, 2015.
Design – Compliance with standards when can lead to ‘prior publication’ · 2021-05-14 · Intellectual Property · https://www.lkslaw.com/insights/news/design-compliance-with-standards-when-can-lead-to-prior-publication · The Delhi High Court has rejected the contention that compliance with published standards can never be sufficient to constitute ‘prior publication’ of a design. The Court was of the view that this would have to be determined upon a consideration of the particular design and the published standards.
Distribution of assets in liquidation – No priority for first charge holders if security relinquished · 2021-05-06 · Insolvency · https://www.lkslaw.com/insights/news/distribution-of-assets-in-liquidation-no-priority-for-first-charge-holders-if-security-relinquished · The National Company Law Appellate Tribunal (NCLAT) has held that priorities amongst the secured creditors (first charge or second charge) will not prevail in distribution of assets in liquidation, in a case where the creditors had elected for relinquishment of security interest and for distribution of assets according to Section 53 of the Insolvency and Bankruptcy Code, 2016.
Copyright Rules 2013 amended – Electronic means of communication, annual transparency report by Copyright societies, etc. · 2021-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-rules-2013-amended · The Department for Promotion of Industry and Internal Trade in the Ministry of Commerce and Industry has issued a notification on 30 March 2021 to amend the Copyright Rules, 2013. It may be noted that many of the changes now notified were earlier published for public comments in May 2019 through the Draft Copyright (Amendment) Rules, 2019. Some of the changes are listed below.
Provisional attachment – Conditions prescribed by statute must be strictly followed · 2021-04-20 · GST Consultancy · https://www.lkslaw.com/insights/news/provisional-attachment-conditions-prescribed-by-statute-must-be-strictly-followed · Observing that the power to order a provisional attachment of the property of the taxable person including a bank account, under Section 83 of the HPGST Act [equivalent to Central Goods and Services Tax Act, 2017] is draconian in nature, the Supreme Court has held that the conditions prescribed by the statute for a valid exercise of this power must be strictly fulfilled.
Arbitration – Limitation for application for appointment of arbitrator · 2021-04-15 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-limitation-for-application-for-appointment-of-arbitrator · The Supreme Court has recently suggested that it is necessary for the Parliament to effect an amendment to Section 11 of the Arbitration and Conciliation Act, 1996, prescribing a specific period of limitation within which a party may move the court for making an application for appointment of the arbitrator under said section.
Prayer for injunction – Practice of two separate prayers, under infringement and passing off, unwise · 2021-04-09 · Intellectual Property · https://www.lkslaw.com/insights/news/prayer-for-injunction-practice-of-two-separate-prayers-under-infringement-and-passing-off-unwise · The Bombay High Court has deprecated the practice of setting out two separate prayers, one for infringement and one for passing off, where both seek injunction. Urging the advocates to reconsider the manner in which they frame these prayers, the Court termed the practice as ‘singularly unwise’ and counter-productive.
Intellectual Property Appellate Board (IPAB) abolished · 2021-04-05 · Intellectual Property · https://www.lkslaw.com/insights/news/intellectual-property-appellate-board-ipab-abolished · The Central Government has by way of an Ordinance issued last Sunday (4 April 2021) abolished Intellectual Property Appellate Board (‘IPAB’). It may be noted that a Bill for this purpose was earlier introduced in the lower House of the Indian Parliament (Lok Sabha) on 13 February 2021 but could not be taken for consideration and passing. The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (‘Ordinance’) seeks to amend...
PLI Scheme for food processing industry gets Cabinet’s approval · 2021-04-01 · Regulatory · https://www.lkslaw.com/insights/news/pli-scheme-for-food-processing-industry-gets-cabinet-s-approval · The Union Cabinet has on 31 March 2021 approved a Production Linked Incentive Scheme for the Food Processing Industry. The scheme, with the outlay of INR 10900 crore, has the objective to support creation of global food manufacturing champions and strengthen select Indian brand of food products for global visibility and wider acceptance in the international markets.
Technical Barriers to Trade – 20 new specific trade concerns raised – Indian measures lead the table with 5 recent measures questioned at WTO · 2021-03-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/tbt-5-indian-measures-questioned-at-wto · Several of the Indian measures were questioned at the last meeting of the WTO’s Committee on Technical Barriers to Trade.
Copyright registration is not mandatory for seeking remedy of infringement · 2021-03-24 · Intellectual Property · https://www.lkslaw.com/insights/news/copyright-registration-is-not-mandatory-for-seeking-remedy-of-infringement · Holding the Bombay High Court decision in the case of Dhiraj Dharamdas Dewani v. Sonal Info Systems Pvt. Ltd. and Others as per incuriam, the Coordinate Bench of the same Court has held that registration under Copyright Act, 1957 is not mandatory.
Incentives received by travel agents from airlines and CRS companies not liable under Business Auxiliary Services · 2021-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/incentives-received-by-travel-agents-not-liable-under-bas · The Larger Bench of the CESTAT has held that the target-based incentives and the Central Reservation System (‘CRS’) commission received from airlines and CRS companies respectively, by the air travel agents, is not liable to service tax under the category of Business Auxiliary Services (‘BAS’). It was held that travel agents were not promoting business of airlines or of CRS companies and that incentive for achieving targets was not taxable.
DRI officer not ‘the’ proper officer to issue show cause notice under Customs Section 28(4) · 2021-03-10 · Customs · https://www.lkslaw.com/insights/news/dri-officer-not-the-proper-officer-to-issue-show-cause-notice-under-customs-section-28-4 · The 3-Judge Bench of the Supreme Court has held that DRI has no authority in law to issue a show cause notice under Section 28(4) of Customs Act, 1962 for recovery of duties allegedly not levied or paid when the goods were cleared for import by a Deputy Commissioner of Customs who decided that the goods were exempted. Referring to Section 28(4), the Court observed that the legislature intended to confer the power to recover such duties not on any proper officer but only on ‘the proper officer’.
Production Linked Incentive Scheme approved for Pharmaceuticals and IT Hardware · 2021-03-01 · General Corporate · https://www.lkslaw.com/insights/news/production-linked-incentive-scheme-approved-for-pharmaceuticals-and-it-hardware · The Indian Union Cabinet has recently approved the Production Linked Incentive (‘PLI’) Schemes for pharmaceuticals and IT hardware. The schemes propose production linked incentives to boost domestic manufacturing and attract large investments in India. The total quantum of incentives is INR 15000 crores for the pharmaceuticals and INR 7350 for the IT hardware sector.
Intellectual Property Appellate Board (IPAB) set to be abolished · 2021-02-16 · Intellectual Property · https://www.lkslaw.com/insights/news/intellectual-property-appellate-board-ipab-set-to-be-abolished · The Ministry of Finance and Corporate Affairs has on 13 February 2021 introduced a Bill in the Lower House of the Indian Parliament (Lok Sabha) which seeks to abolish various Tribunals and Authorities, including the Intellectual Property Appellate Board (‘IPAB’).
Circumvention of anti-dumping and countervailing duties – Retrospective and provisional anti-circumvention measures · 2021-02-03 · International Trade and WTO · https://www.lkslaw.com/insights/news/circumvention-of-anti-dumping-and-countervailing-duties-retrospective-and-provisional-anti-circumvention-measures · The Union Budget 2021 has proposed many changes by clauses 93 and 94 of the Finance Bill, 2021 in Sections 9 and 9A of the Customs Tariff Act, 1975 relating to anti-dumping and countervailing duties. As per one change, anti-dumping/countervailing duty after an anti-circumvention investigation cannot be imposed for the period before the date of initiation of such anti-circumvention investigation.
Interest on sum borrowed to repay loan utilised for construction of commercial property deductible under Section 24(b) · 2021-01-25 · Direct Tax · https://www.lkslaw.com/insights/news/interest-on-sum-borrowed-to-repay-loan-utilised-for-construction-of-commercial-property · Observing that Section 24(b) of the Income Tax Act uses the expression ‘property’ and not residential or commercial property, ITAT Bangalore has held that irrespective of the nature of the property, whether residential or commercial, deduction must be allowed under Section 24(b).
Standard Essential Patents – Confidentiality Clubs and fixing of FRAND rates – Prayer for keeping certain documents inaccessible to defendant, unacceptable · 2021-01-11 · Intellectual Property · https://www.lkslaw.com/insights/news/standard-essential-patents-confidentiality-clubs-and-fixing-of-frand-rates · In a case involving alleged infringement of Standard Essential Patent, the Delhi High Court has rejected the request for constitution of a two-tier Confidentiality Club. The plaintiff had suggested that the ‘outer tier’ documents be accessible to the advocates, experts appointed by them, as well as representatives of both parties, whereas the ‘inner tier’ documents will be accessible only to non-inhouse advocates and not to the parties as well as their officials and employees.
Arbitration – Supreme Court propounds test for non-arbitrability · 2021-01-04 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-supreme-court-propounds-test-for-non-arbitrability · The Larger Bench of the Supreme Court of India has propounded a four-fold test for determining when the subject matter of a dispute in an arbitration agreement is not arbitrable. The Apex Court however noted that these tests are not watertight compartments; they dovetail and overlap, and have to be applied with care and caution.
Transfer of winding up proceedings from High Court to NCLT · 2020-12-22 · Insolvency · https://www.lkslaw.com/insights/news/transfer-of-winding-up-proceedings-from-high-court-to-nclt · The Supreme Court has held that transfer of winding up proceedings from High Court to NCLT on application of financial creditor not party to proceedings before Court is permissible.
Arbitration – Two Indian parties can choose a foreign law as the law governing arbitration · 2020-12-18 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-two-indian-parties-can-choose-a-foreign-law-as-the-law-governing-arbitration · Observing that an arbitration agreement between the parties is an agreement independent of the substantive contract and the parties can choose a different governing law for the arbitration, the Delhi High Court has reiterated that two Indian parties can choose a foreign law as the law governing arbitration.
Designs – Transfer of design infringement suit to High Court not having Commercial Court Bench · 2020-12-17 · Intellectual Property · https://www.lkslaw.com/insights/news/designs-transfer-of-design-infringement-suit-to-high-court-not-having-commercial-court-bench · The 3-Judge Bench of the Supreme Court of India has upheld the view that the suit for alleged infringement in designs, where the defendant had in a counter claim sought cancellation of the registered design, is to be transferred to a High Court even if it does not have a Commercial Court Bench, i.e. High Courts which do not have ordinary original civil jurisdiction.
Complaint filed before Consumer Fora against builder is not barred by RERA · 2020-12-14 · Commercial Litigation · https://www.lkslaw.com/insights/news/complaint-filed-before-consumer-fora-against-builder-is-not-barred-by-rera · The Supreme Court has held that the Real Estate (Regulation and Development) Act, 2016 (‘RERA Act’) does not bar the initiation of ‘consumer complaints’ by the apartment allottees against builders under the extant consumer protection laws.
Patents – Divisional application with different combination of components, permissible · 2020-12-10 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-divisional-application-with-different-combination-of-components-permissible · The Intellectual Property Appellate Board (‘IPAB’) has allowed the appeal filed againt rejection of the patent application in a case involving divisional application with different combination of components . The Appellant’s patent application was earlier refused by the Controller under Section 15 of the Patents Act, 1970.
Patents – Declaration under PCT Regulation 4.17(ii) is sufficient for ‘proof of right’ · 2020-12-04 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-declaration-under-pct-regulation-4-17-ii-is-sufficient-for-proof-of-right · In Dow Agrosciences LLC v. The Controller of Patents, the sole and primary issue pertained to the filing of proof of right by the applicant. The IPAB made reference to the applicable provisions of the Patents Act, 1970, the Patents Rules, 2003, and the relevant regulations under the Patent Cooperation Treaty. It was held that declaration as per Rule 4.17(ii) of the PCT Regulations serves as sufficient proof of right.
Patents – Admissibility of amendments to claims · 2020-12-02 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-admissibility-of-amendments-to-claims · The Intellectual Property Appellate Board (‘IPAB’) recently discussed the admissibility of amendments to claims in a patent application as per the provisions of the Patents Act, 1970 (‘Act’), and the need to conduct tests of novelty and inventive step on claims in patent applications. Another important aspect dealt with was the applicability of Section 3(i) of the Act.
Patents – IPAB reaffirms principles of natural justice while discussing prior art documents and description · 2020-12-01 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-ipab-reaffirms-principles-of-natural-justice-while-discussing-prior-art-documents-and-description · The Intellectual Property Appellate Board (‘IPAB’) recently reaffirmed the interminable role of the principles of natural justice in judicial and/or quasi-judicial decisions, whilst also clarifying aspects of patent law with respect to cited prior art documents and description of the invention.
Patents – Invention must be considered as a whole to determine inventive step · 2020-11-27 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-invention-must-be-considered-as-a-whole-to-determine-inventive-step · The Intellectual Property Appellate Board (‘IPAB’) recently examined the determination of inventive step in a patent application as per the provisions of the Patents Act, 1970. The IPAB held that an invention must be considered as a whole to determine inventive step, and a conclusion cannot be drawn merely on the basis that the individual parts of the claim taken separately were known or obvious.
Patent of a biological process indicator – IPAB discusses objections under Sections 3(c), 3(d), 3(i), novelty claim and inventive step · 2020-11-26 · Intellectual Property · https://www.lkslaw.com/insights/news/patent-of-a-biological-process-indicator-ipab-discusses-objections-under-sections-3-c-3-d-3-i-novelty-claim-and-inventive-step · The IPAB recently set aside the Assistant Controller’s Order rejecting the patent to ‘a biological process indicator, kit comprising it and in vitro method of validating a treatment process’. The Assistant Controller had held that the claims were not novel or inventive in light of the cited prior art, not patentable under Section 3(c) and 3(d) of Patents Act, in vitro methods as recited in the claims were not supported by the description, and that the claims indirectly attracted Section 3(i).
Patents – Divisional applications – IPAB lays down guidelines · 2020-11-22 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-divisional-applications-ipab-lays-down-guidelines · The IPAB has recently passed a notable decision with respect to divisional applications by referring to the relevant provisions of the Patents Act, 1970, Patent Cooperation Treaty and legal precedents. Owing to different practices adopted by the applicants and the Indian Patent Office, in the interest of justice and for the sake of uniformity of practice, the IPAB in this case also listed certain guiding principles to address this issue.
Patents law not provides for selection of claims to search and examine, as per examiner’s convenience · 2020-11-15 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-law-not-provides-for-selection-of-claims-to-search-and-examine-as-per-examiner-s-convenience · In a recent order passed by the Intellectual Property Appellate Board (‘IPAB’) in University of Copenhagen v. The Controller of Patents, besides determining the patentability of the claimed invention, the IPAB also drew parallels between the international search report and the mandated search and examination reports from the Indian Patent Office (IPO), and the expectations from both the reports.
Patents – Divisional application when cannot be rejected · 2020-11-15 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-divisional-application-when-cannot-be-rejected-1 · In Bayer Aktiengesellschaft v. The Controller of Patents & Designs, the Intellectual Property Appellate Board enumerated Section 16 of the Patents Act, 1970, whereby a patent applicant can make a further application, before the grant of the patent, on grounds that the claims of the complete specification relate to more than one invention.
Patents – Fees payable by a small entity reduced – Patent Rules amended · 2020-11-10 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-fees-payable-by-a-small-entity-reduced-patent-rules-amended · The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has on 4 November 2020 issued Notification No. G.S.R. 689(E) to notify the Patents (2nd Amendment) Rules, 2020 making certain changes in the Patents Rules, 2003 to bring small entities at par with start-ups.
Integrated tax and compensation cess leviable on imports/re-imports not covered under phrase ‘duty of customs’ · 2020-11-09 · Customs · https://www.lkslaw.com/insights/news/integrated-tax-and-compensation-cess-leviable-on-imports-re-imports-not-covered-under-phrase-duty-of-customs · Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the phrase ‘duty of customs’ in Sl. No. 2 of Notification No. 45/2017-Cus. effective from 1 July 2017 and dealing with exemption to certain goods re-imported after repairs abroad, does not cover integrated goods and services tax (‘IGST’ or ‘integrated tax’) and compensation cess.
Interest on delayed payment of GST– Proviso to S.50 of CGST Act is applicable retrospectively · 2020-11-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/interest-on-delayed-payment-proviso-to-s-50-of-cgst-act-is-applicable-retrospectively · The Madras High Court has held that the Proviso to Section 50 of the Central Goods and Services Tax Act, 2017 (‘CGST’) Act is retrospective in operation notwithstanding the notification bringing it into effect from 1 September 2020. Interest for delayed payment is thus leviable, with effect from 1 July 2017, only on that portion of the output GST liability which is discharged belatedly by way of cash.
Stay of arbitral awards and accreditation of arbitrators – Ordinance promulgated to amend Arbitration and Conciliation Act · 2020-11-05 · Arbitration · https://www.lkslaw.com/insights/news/ordinance-promulgated-to-amend-arbitration-and-conciliation-act · The President of India has on 4 November 2020 promulgated Arbitration and Conciliation (Amendment) Ordinance, 2020 to amend the Arbitration and Conciliation Act, 1996 (‘Act’). The Ordinance while amends Sections 36 (Enforcement) and 43J (Norms for accreditation) of the 1996 Act, it also omits the Eighth Schedule to the said Act. The amendments are discussed below.
Disney’s successful injunction against rogue websites · 2020-11-04 · Intellectual Property · https://www.lkslaw.com/insights/news/disney-s-successful-injunction-against-rogue-websites · The Delhi High Court recently granted an ex-parte ad interim injunction against many rogue websites who were enabling the down-streaming of the plaintiffs’ copyrighted creative work including films and other entertainment programmes without the requisite licences. Similarly, the court also directed the concerned Internet Service Providers (ISPs) to block access to such rogue websites and mirror/redirect/alphanumeric websites of such rogue websites.
Patents – Order must be passed by same officer who heard the matter · 2020-11-03 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-order-must-be-passed-by-same-officer-who-heard-the-matter · Setting aside the Order passed by another Deputy Controller of Patents, Designs and Trademarks who never heard the matter, the Intellectual Property Appellate Board (‘IPAB’) has held that the Order should be passed by the same officer who had initially heard the matter.
Trademarks – Distinctiveness of inventive and arbitrary marks · 2020-10-29 · Insolvency · https://www.lkslaw.com/insights/news/trademarks-distinctiveness-of-inventive-and-arbitrary-marks · The Intellectual Property Appellate Board (‘IPAB’) recently allowed registration of a mark observing that the Registrar had failed to take into account the arbitrary nature of the subject mark, failed to account for the extensive and continuous use of the subject mark and of its reputation and goodwill, etc.
ALIBABA.COM to be registered as a trademark · 2020-10-28 · Intellectual Property · https://www.lkslaw.com/insights/news/alibaba-com-to-be-registered-as-a-trademark · Observing that the trademark, ‘ALIBABA.COM’ had already acquired distinctiveness as on its filing date, the Intellectual Property Appellate Board (‘IPAB’) has held that the mark was thus entitled to statutory protection under the Trademarks Act, 1999 (‘the Act’). The IPAB thus ordered that the application for the mark, ‘ALIBABA.COM,’ be accepted. It directed the Registrar to proceed further for advertisement in the Trademark Journal.
Manufacture and other operations in warehouse – Job work clarified · 2020-10-28 · Customs · https://www.lkslaw.com/insights/news/manufacture-and-other-operations-in-warehouse-job-work-clarified · The Central Board of Indirect Taxes and Customs (‘CBIC’) has clarified on various issues relating to job work for the unit working under the scheme of Manufacturing and Other Operations in Warehouse (‘MOOW Scheme’) under Section 65 of the Customs Act, 1962. The latest CBIC Circular No. 48/2020-Cus., dated October 27, 2020 also clarifies various issues in case where the job work activity is done by a unit working under the MOOW Scheme, for other units.
Patents – Procedural fairness is integral to judicial process · 2020-10-27 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-procedural-fairness-is-integral-to-judicial-process · In a recent order passed by the Intellectual Property Appellate Board (‘IPAB’), the IPAB recapitulated the significance of the principles of procedural fairness and natural justice in judicial, quasi-judicial, and administrative decisions. Rhe IPAB concluded that (i) the value of procedural fairness – as a statutory instrument and for social good – cannot be undermined; (ii) judicial and quasi-judicial authorities are subject to the principles of procedural fairness…
Trademarks – Registration of composite marks with unique combination of common words · 2020-10-26 · Intellectual Property · https://www.lkslaw.com/insights/news/trademarks-registration-of-composite-marks-with-unique-combination-of-common-words · The IPAB recently concluded that the Appellant’s marks, ‘GLOW & LOVELY’ and ‘GLOW & HANDSOME’ were inherently distinctive in nature. The IPAB emphasized that the marks were a unique combination of two common English words which when merged together resulted in composite marks yielding different and distinctive commercial impressions, as the words combined had distinct meanings by itself and one did not serve as an adjective to the other and were thus completely unconnected to each other.
‘Nokia’ to be a registered as a well-known trademark in India · 2020-10-22 · Intellectual Property · https://www.lkslaw.com/insights/news/nokia-to-be-a-registered-as-a-well-known-trademark-in-india · Setting aside the Registrar’s Order, the IPAB has recently allowed permitting the mark, ‘NOKIA’, to be declared as a well-known mark in India. The Appellate Board was of the view that the Order rejecting the application was passed without application of the mind and was against the law. The primary observation by the IPAB was that the Respondent-Registrar ought to have taken due care and consideration to the evidence submitted by the Appellant which could have prevented an appeal to the IPAB.
Patents – Anticipation by prior claiming and patentability under Section 3(d) · 2020-10-19 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-anticipation-by-prior-claiming-and-patentability-under-section-3-d · In a recent update in the pharmaceutical sector, the Intellectual Property Appellate Board allowed the appeal filed by Pfizer Products Inc., an American multinational pharmaceutical corporation, under Section 117A of the Patents Act, 1970 against the impugned order passed by the Controller of Patents & Designs on September 3, 2015, in respect of Patent Application No. 00991/MUMNP/2003 (‘IN’991’), and directed that the said application be granted by the Indian Patent Office (IPO).
Fraudulent websites – AMUL obtains temporary injunction · 2020-10-16 · Intellectual Property · https://www.lkslaw.com/insights/news/fraudulent-websites-amul-obtains-temporary-injunction · The Delhi High Court has passed a partly ex-parte ad-interim order on August 28, 2020 which was further modified on September 08, 2020 against certain defendants running deceptive websites, restraining them from the unauthorised use of the well-known trademark ‘AMUL’, as a prefix or suffix in their domain names.
Stamp duty on property lease – No difference between property owned by Government and private person · 2020-10-15 · Real Estate · https://www.lkslaw.com/insights/news/stamp-duty-on-property-lease-no-difference-between-property-owned-by-government-and-private-person · The Bombay High Court has rejected the contention of the stamp duty authorities that as the leased property was owned by Mumbai Metropolitan Region Development Authority, the market value of the said property cannot be decided and hence stamp duty needs to be paid on 100% of the amount paid for the lease instead of 90% of the market value as contemplated under Article 36(iv) of Schedule I to the Maharashtra Stamp Act, 1958.
Trademark infringement – Interlocutory injunction cannot be granted merely on basis of public interest · 2020-10-12 · Intellectual Property · https://www.lkslaw.com/insights/news/trademark-infringement-interlocutory-injunction-cannot-be-granted-merely-on-basis-of-public-interest · In a case where by an ad interim Order injunction was granted against manufacture and sale of APIXABID product, and where the appeal against that ad interim order was pending in the Court, the Appellate Division Bench of the Delhi High Court has dismissed the interlocutory application by the defendant to permit them to sell 58,000 strips of the said medicine, manufactured by the applicant/defendant prior to the passing of the interim order.
Goods and Services Tax (GST) – Relaxations effective October 2020 · 2020-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/goods-and-services-tax-gst-relaxations-effective-october-2020 · Central Board of Indirect Taxes and Customs (‘CBIC’) has on September 30 issued number of notifications to relax or defer certain GST provisions. Some of the important changes worth noticing are, deferment of annual returns for FY 2018-19, relaxation in e-invoicing provisions for a month, deferment of dynamic QR Code for B2C transactions, and extension of exemption to service of transportation of export goods by aircraft/vessel.
Rate of duty when notification issued on same date when bills of entry presented · 2020-09-28 · Customs · https://www.lkslaw.com/insights/news/rate-of-duty-when-notification-issued-on-same-date-when-bills-of-entry-presented · Observing that the self-assessment was carried out based on the rate of duty which prevailed at the time of the presentation of the bill of entry, the Supreme Court has upheld the High Court’s Orders setting aside re-assessments, by the Customs department, due to a notification issued later on the date of presenting of bill of entry, enhancing the rate of duty.
Patents – Divisional application when cannot be rejected · 2020-09-16 · Intellectual Property · https://www.lkslaw.com/insights/news/patents-divisional-application-when-cannot-be-rejected · The IPAB has set aside the Order of the Controller of Patents rejecting the divisional application under Patents Act, 1970. The Board observed that the Controller erred in not appreciating that it was technically impracticable to make compound of formula (I) dependent on the main claim of the parent application, which was directed towards compound of formula (III). It observed that it was settled that when an independent sub-claim cannot be made dependent on the main claim...
Transfer of property – Procedural way out for removal of encumbrances · 2020-09-10 · Commercial Litigation · https://www.lkslaw.com/insights/news/transfer-of-property-procedural-way-out-for-removal-of-encumbrances · The Kerala High Court has explained the procedural way out for removal of an encumbrance from an immovable property under Section 57 of the Transfer of Property Act 1882 (‘TPA’). It is noteworthy that an operative, substantive and procedural way out to facilitate the realisation of the intrinsic value of encumbered estates and other immovable properties within the annals of TPA is very rarely been invoked in court of law.
Anti-dumping duty – Action of Designated Authority asking for contemporary data, correct · 2020-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/anti-dumping-duty-action-of-designated-authority-asking-for-contemporary-data-correct · The Supreme Court of India has upheld the action of the Designated Authority (“DA”) in the Directorate General of Trade Remedies (DGTR), requiring the domestic industry to furnish relatively contemporary data. Relying on the guidelines contained in the Manual of Operation for Trade Remedy Investigations (Period of Investigation and Injury Investigation period), the Apex Court set aside the impugned order of the Telangana High Court and held that the DA’s action could not be termed as arbitrary.
Micro, Small and Medium Enterprises (MSME) – Clarifications on investment, etc. · 2020-08-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/micro-small-and-medium-enterprises-msme-clarifications-on-investment-etc · Reiterating a recent clarification by Ministry of Micro, Small and Medium Enterprises, the Reserve Bank of India (RBI) has clarified that the value of plant and machinery or equipment for all purposes of the Notification No. S.O. 2119(E) dated June 26, 2020 and for all the enterprises shall mean the Written Down Value (WDV) as at the end of the Financial Year as defined in the Income Tax Act, 1961 and not cost of acquisition or original price.
Faceless assessment introduced in Income Tax · 2020-08-17 · Direct Tax · https://www.lkslaw.com/insights/news/faceless-assessment-introduced-in-income-tax · With the renaming of E-assessment Scheme 2019, the Central Board of Direct Taxes (CBDT) has launched “Faceless Assessment Scheme” under Income Tax. It may be noted that the Central Board of Indirect Taxes (CBIC) has also recently launched faceless assessment in respect of Customs clearances at various specified ports. While the faceless assessment under Customs will be fully implemented pan India by December 31, 2020, the scheme under Income Tax is effective from August 13, 2020.
Computer program – Invention must be examined as whole, considering technical effect achieved and its technical contribution · 2020-08-17 · Intellectual Property · https://www.lkslaw.com/insights/news/computer-program-invention-must-be-examined-as-whole · The IPAB has allowed the appeal in a case where the Controller had earlier refused to grant patent to a computer program observing that the objections as regards lacking novelty as well as falling under Section 3(k) of the Patents Act persisted. The invention taught delaying a hit to the web (internet) unless necessary parameters to construe the request were extracted from the user.
Execution proceedings – Delhi High Court formulates detailed affidavit of assets and income of judgement-debtor · 2020-08-06 · Commercial Litigation · https://www.lkslaw.com/insights/news/execution-proceedings-delhi-high-court-formulates-detailed-affidavit · The Delhi High Court has formulated detailed formats of affidavit of assets and income of the judgement-debtor to be filed at the threshold of execution proceedings. The Court in its judgement dated August 5, 2020 also laid down detailed guidelines for the Executing Court. It observed that this will curb the delay and expedite disposal of execution proceedings.
Refund of credit accumulated on input services due to inverted duty structure, available · 2020-08-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/refund-of-credit-accumulated-on-input-services-due-to-inverted-duty-structure-available · The Gujarat High Court has allowed refund of accumulated credit of input services in case of inverted duty structure. Explanation (a) to Rule 89(5) of CGST Rules was read down to the extent it denied refund of ITC as accumulated on account of ”input services”.
E-Commerce – Consumer Protection (E-Commerce) Rules, 2020 notified · 2020-07-28 · Regulatory · https://www.lkslaw.com/insights/news/e-commerce-consumer-protection-e-commerce-rules-2020-notified · Within few days of coming into force of major provisions of the Consumer Protection Act, 2019, the Department of Consumer Affairs in the Ministry of Consumer Affairs, Food and Public Distribution has issued Consumer Protection (E-Commerce) Rules, 2020 which have come into force from July 23, 2020.
Foreclosure charges are not liable to service tax – CESTAT Larger Bench · 2020-07-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/foreclosure-charges-are-not-liable-to-service-tax-cestat-larger-bench · The Larger Bench of the CESTAT has held that ‘foreclosure charges’ levied by banks and non-banking financial companies on premature termination of a loan can not be subjected to levy of service tax under Banking and Other Financial Services (“BoFS”).
Civil Court’s jurisdiction barred in copyright suit arising from insolvency resolution plan – NCLT to adjudicate · 2020-07-10 · Commercial Litigation · https://www.lkslaw.com/insights/news/civil-court-s-jurisdiction-barred-in-copyright-suit-arising-from-insolvency-resolution-plan · In an interesting case of intersection of insolvency and copyright laws, the Delhi High Court has held that the suit for alleged infringement of copyrights, arising out of and/or is in relation to the insolvency resolution plan of a corporate debtor must be adjudicated by the NCLT and that the proceedings in the Civil Court are barred.
Loans on exorbitant interest rates covered under Extortionate Credit Transactions · 2020-07-06 · Insolvency · https://www.lkslaw.com/insights/news/loans-on-exorbitant-interest-rates-covered-under-extortionate-credit-transactions · Observing that the short-term loans advanced by few Appellants on exorbitant rates of interest (40% to 60% per annum) were covered under Extortionate Credit Transactions as prohibited under Section 50(1) of the Insolvency and Bankruptcy Code, 2016, the NCLAT has set aside the entire transactions as illegal and void and held them as not entitled to any relief.
TRAN-1 – Delhi High Court decision in Brand Equity stayed by Supreme Court · 2020-06-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/tran-1-delhi-high-court-decision-in-brand-equity-stayed · The Supreme Court of India has on 19-06-2020 stayed the Delhi High Court decision in the case of Brand Equity Treaties Ltd. v. Union of India (decision dated 05-05-2020). The High Court had held that an assessee can avail Input Tax Credit of the accumulated Cenvat credit as on 30-06-2017 by filing GST Form TRAN-1 beyond the period of limitation prescribed under Rule 117 of Central Goods and Services Tax Rules, 2017.
TRAN-1 – Delhi High Court decision in Brand Equity stayed by Supreme Court · 2020-06-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/tran-1-delhi-high-court-decision-in-brand-equity-stayed-1 · The Supreme Court of India has on 19-06-2020 stayed the Delhi High Court decision in the case of Brand Equity Treaties Ltd. v. Union of India (decision dated 05-05-2020). The High Court had held that an assessee can avail Input Tax Credit of the accumulated Cenvat credit as on 30-06-2017 by filing GST Form TRAN-1 beyond the period of limitation prescribed under Rule 117 of Central Goods and Services Tax Rules, 2017 (“CGST Rules”).
Every breach not justifiable merely on invocation of COVID-19 as a force majeure · 2020-06-15 · Commercial Litigation · https://www.lkslaw.com/insights/news/every-breach-not-justifiable-merely-on-invocation-of-covid-19-as-a-force-majeure · The Delhi High Court has recently held that every breach or non-performance cannot be justified or excused merely on the invocation of COVID-19 as a force majeure condition.
GST liability on director’s renumeration clarified · 2020-06-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-liability-on-director-s-renumeration-clarified · Central Board of Indirect Taxes and Customs (CBIC) has clarified various circumstances when the renumeration paid to the director is liable to GST under reverse charge. Circular No. 140/10/2020-GST, dated 10-06-2020, issued for the purpose, observes that there were doubts as to whether the remuneration paid by companies to their directors...
CCI can entertain complaint in matters of exercise of patent rights · 2020-06-03 · Intellectual Property · https://www.lkslaw.com/insights/news/cci-can-entertain-complaint-in-matters-of-exercise-of-patent-rights · Relying upon its decision in the case of Telefonaktiebolaget L.M. Ericsson, the Delhi High Court has rejected the contention that the remedies against alleged abuse of any rights by the patentee would fall exclusively within the remedies as provided under the Patents Act and, therefore, the jurisdiction of the Competition Commission of India (CCI) to entertain such disputes is impliedly excluded.
Amendment of plaint in trademark dispute – Jurisdiction of Joint Registrar and maintainability of appeal before Commercial Appellate Court · 2020-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/amendment-of-plaint-in-trademark-dispute-jurisdiction-of-joint-registrar-and-maintainability-of-appeal-before-commercial-appellate-court · Deliberating on the issue as to whether the Joint Registrar acted without jurisdiction while deciding on the application for amendment in the plaint, the Delhi High has held that the amendments, which alter the period with effect from which the trademark “SUPERON” had been adopted by the respondent (plaintiff), and also claimed, for the first time, that the original adoption of the said trademark was by the plaintiff through sister concern, introduced changes of substance, and not merely of form
Foreign Trade Policy extended till 31-3-2021 – Last dates for various obligations relaxed · 2020-04-02 · Customs · https://www.lkslaw.com/insights/news/foreign-trade-policy-extended-till-31-3-2021-last-dates-for-various-obligations-relaxed · Foreign Trade Policy 2015-20 and the Handbook of Procedures Vol. 1, which were expiring on 31st of March 2020, have been extended till 31st of March 2021. DGFT has in this regard, with immediate effect, also made various other changes in the FTP and in the HoP, extending the validity and time periods of various provisions and thus granting relief to the exporters and importers in the present troubled times. Notification No. 57/2015-20 and Public Notice No. 67/2015-20, both dated 31-3-2020 have b
Condonation of delay in filing documents – Companies Fresh Start Scheme introduced, and LLP Settlement Scheme modified · 2020-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/condonation-of-delay-in-filing-documents-companies-fresh-start-scheme-introduced-and-llp-settlement-scheme-modified · Ministry of Corporate Affairs has introduced the “Companies Fresh Start Scheme, 2020” and revised the “LLP Settlement Scheme, 2020” to provide an opportunity to both companies and LLPs to make good any filing related defaults and make a fresh start as a fully compliant entity.
COVID-19 effect – Limitation period in all petitions, appeals, etc. extended · 2020-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/covid-19-effect-limitation-period-in-all-petitions-appeals-etc-extended · The 3-Judge Bench of the Supreme Court has on 23rd of March extended the period of limitation in all petitions/applications/suits/ appeals/all other proceedings.
Guidelines on regulation of Payment Aggregators and Payment Gateways · 2020-03-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/guidelines-on-regulation-of-payment-aggregators-and-payment-gateways · The Reserve Bank of India (RBI) has vide its circular dated March 17, 2020 issued ‘Guidelines on Regulation of Payment Aggregators and Payment Gateways’. In terms of the said circular, the RBI has prescribed (a) guidelines for regulating activities of payment aggregators (PAs); and (b) baseline technology recommendations for payment gateways (PGs).
COVID-19 effect – Court restrains government from taking coercive measures – Recovery proceedings deferred · 2020-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/covid-19-effect-court-restrains-government-from-taking-coercive-measures-recovery-proceedings-deferred · Taking note of the extraordinary situation in the country due to pandemic Corona Virus (COVID-19) which calls for an extraordinary measure to be taken, the Division Bench of the Allahabad High Court has directed that all the concerned competent authorities, both administrative and non-administrative,
39th Meeting of the GST Council – Highlights · 2020-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/39th-meeting-of-the-gst-council-highlights · The GST Council has in its 39th Meeting held on 14-3-2020 taken many major decisions in respect of both GST rates and those involving law and procedures. Some of the important recommendations of the Council are highlighted below.
Sponsorship and endorsement expenses borne by importer when not includible in value of imports · 2020-03-13 · Customs · https://www.lkslaw.com/insights/news/sponsorship-and-endorsement-expenses-borne-by-importer-when-not-includible-in-value-of-imports · CESTAT New Delhi has recently held that the sponsorship and endorsement expenses paid by the Indian importer to various athletes and players in India is not liable to be included in the assessable value of the goods (sports goods) imported by the importer. The Revenue department’s appeal which invoked Rule 10(1)(e) of the Customs Valuation (Determination of Value of Imported Goods) Rules 2007 for inclusion of said expenses was hence dismissed. Earlier, the Commissioner had found that the paymen
Trademarks – Amendment to plaint for passing off after registration of mark · 2020-03-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-amendment-to-plaint-for-passing-off-after-registration-of-mark · Observing that the basic facts necessary for an infringement action were already present in the original plaint filed for passing off, excepting the fact of registration of the trade mark of the petitioner, the Calcutta High Court has allowed the application for amendment to plaint post grant of registration of trademark.
Settlement of Direct Tax pending litigations – CBDT clarifies on Vivad se Vishwas scheme · 2020-03-07 · Direct Tax · https://www.lkslaw.com/insights/news/settlement-of-direct-tax-pending-litigations-cbdt-clarifies-on-vivad-se-vishwas-scheme · With the objective to reduce the pending income tax litigation, the lower House of the Indian Parliament has on 4th of March 2020 passed the Direct Tax Vivad se Vishwas Bill, 2020. The Bill, once enacted, will also generate timely revenue for the Government and benefit the taxpayers by providing them peace of mind, certainty and savings on account of time and resources that would otherwise be spent on the long-drawn and vexatious litigation process.
Virtual currencies – RBI Circular restricting functioning of VC exchanges set aside · 2020-03-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/virtual-currencies-rbi-circular-restricting-functioning-of-vc-exchanges-set-aside · The Larger Bench of the Supreme Court of India has set aside the Circular dated 6-4-2016 issued by the Reserve Bank of India, directing the entities regulated by RBI to not to deal with or provide services to any individual or business entities dealing with or settling virtual currencies and to exit the relationship, if they already have one, with such individuals/ business entities dealing with or settling virtual currencies.
Patents – Cobicistat is not derivative of Ritonavir – Differences in structure when not mere structural modification · 2020-03-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-cobicistat-is-not-derivative-of-ritonavir-differences-in-structure-when-not-mere-structural-modification · Rejecting the pre-grant opposition filed by a patient group, a community-based non-profit organisation, the Assistant Controller of Patents at New Delhi has granted an Indian patent to Cobicistat, marketed under trade name Tybost, a licensed drug for use in the treatment of HIV and AIDS. The opponents had pleaded lack of inventive step, no enhanced therapeutic efficacy, and being a mere admixture resulting only in the aggregation of the properties of the components.
No requirement under IBC for Resolution Plan to match liquidation value of Corporate Debtor · 2020-02-13 · Insolvency · https://www.lkslaw.com/insights/news/no-requirement-under-ibc-for-resolution-plan-to-match-liquidation-value-of-corporate-debtor · No provision in the Code or insolvency regulations dictates that the bid of any Resolution Applicant has to match liquidation value of the estate of the Corporate Debtor. If the resolution plan has been approved by the Committee of Creditors by application of their commercial sense, as well as the plan has been considered as proper in terms of Section 30 of the Code, the Adjudicating Authority cannot interfere or re-assess the same under Section 31 of the said Code.
Statutory Arbitral Tribunals have power to grant interim injunction u/s. 17 of Arbitration and Conciliation Act · 2020-02-13 · Arbitration · https://www.lkslaw.com/insights/news/statutory-arbitral-tribunals-have-power-to-grant-interim-injunction-u-s-17-of-arbitration-and-conciliation-act · Part I of the Arbitration and Conciliation Act, 1996 shall apply to all arbitrations, even carried out under another enactment, as long as the same is not inconsistent with such enactment or rules made there under.
Budget 2020 – Important changes in anti-dumping, countervailing and safeguard provisions · 2020-02-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/budget-2020-important-changes-in-anti-dumping-countervailing-and-safeguard-provisions · India is set to revise provisions relating to its trade remedy measures. While provisions relating to Safeguard duty have been proposed to be amended by the Finance Bill, 2020 as presented in the lower House of the Indian Parliament on 1-2-2020, Rules relating to Anti-dumping duty and Countervailing duty have been revised by notifications issued by the Ministry of Finance.
Budget 2020 – Changes in Customs law including rate of duty · 2020-02-05 · Customs · https://www.lkslaw.com/insights/news/budget-2020-changes-in-customs-law-including-rate-of-duty · India’s Finance Minister presented the Union Budget for the year 2020-21 in the Lok Sabha (lower house of the Indian Parliament) on 1st of February, 2020. While a new levy (Health Cess) has been imposed and Customs duty has been increased on import of many products, the Finance Bill, 2020 also proposes many changes in the Customs law and procedures, including administration of Rules of Origin under Trade Agreements.
Budget 2020 – Important changes proposed by the Finance Bill 2020 in GST regime · 2020-02-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/budget-2020-important-changes-proposed-by-the-finance-bill-2020-in-gst-regime · Budget 2020 – Important changes proposed by the Finance Bill 2020 in GST regime: Budget 2020 was presented by the Finance Minister in the lower House of the Indian Parliament on 1st of February 2020. The Finance Bill, 2020 in this regard proposes many changes in the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, Union Territory Goods and Services Tax Act, 2017 and the Goods and Services Tax (Compensation to States) Act, 2017. Some of the important changes
No separate IGST on ocean freight on imports · 2020-01-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-separate-igst-on-ocean-freight-on-imports · The Gujarat High Court has set aside the levy of separate Integrated GST on ocean freight in case of import of goods on CIF basis. It held that Sl. No. 9(ii) in Notification No. 8/2017-Integrated Tax (Rate) and Sl. No. 10 in Notification No. 10/2017-Integrated Tax (Rate), levying tax on supply of service of transportation of goods by a person in a non-taxable territory to a person in a non-taxable territory from a place outside India up to the customs station of clearance in India and making th
CCI directs investigation against two major e-commerce platforms for alleged vertical agreements in sale of smartphones · 2020-01-15 · (no practice area listed) · https://www.lkslaw.com/insights/news/cci-directs-investigation-against-two-major-e-commerce-platforms · Looking into the alleged violation of Competition Act based on four alleged practices, namely, exclusive launch of mobile phones, preferred sellers on the marketplaces, deep discounting and preferential listing/promotion of private labels, being followed by two major e-commerce platforms...
Social Welfare Surcharge payable in cash on imports under MEIS/SEIS – No recoveries for past cases where SWS paid through scrips · 2020-01-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/social-welfare-surcharge-payable-in-cash-on-imports-under-meis-seis · Central Board of Indirect Taxes and Customs (CBIC) has clarified that in case of imports under Merchandise Exports from India Scheme (MEIS) and Services Exports from India Scheme (SEIS), Social Welfare Surcharge (SWS) is not exempted and must be levied and collected on the imported goods.
Electronic payments – Mandatory provision for accepting payments through prescribed electronic modes · 2020-01-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/acceptance-of-payment-through-prescribed-electronic-modes-mandatory · In furtherance to the declared policy objective of the Government to encourage digital economy and move towards a less-cash economy, CBDT has prescribed Debit Card powered by RuPay; Unified Payments Interface (UPI); and Unified Payments Interface Quick Response Code as the prescribed electronic modes for accepting payments under newly inserted Section 269SU of the Income Tax Act, 1961. Notification No. 105/2019, dated 26-12-2019 inserts Rule 119AA in the Income Tax Rules,
Goods and Services Tax – Certain amendments effective from 1-1-2020 · 2020-01-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/goods-and-services-tax-certain-amendments-effective-from-1-1-2020 · Central Board of Indirect Taxes and Customs (CBIC) has recently issued many notifications to revise certain provisions of the GST law. The changes relate to amendments in the Central Goods and Services Tax Rules, 2017; changes in the rate and exemption notifications for goods and services; changes in notification relating to reverse charge mechanism for certain services;
Patents – Post-grant opposition – New evidence cannot be filed once Controller fixes date of hearing · 2020-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-post-grant-opposition-new-evidence-cannot-be-filed-once-controller-fixes-date-of-hearing · Observing that the provisions of the Patents Rules, 2003 place enormous sanctity on the two-stage decision making process in a post-grant opposition, the Delhi High Court has held that while additional evidence is permissible under Rule 60 of the Patents Rules, after review of Opposition Board, the same cannot be filed once the date of hearing has been fixed by the Controller.
Protection to Corporate Debtors for offences prior to commencement of CIRP – IBC (Amendment) Ordinance, 2019 promulgated · 2019-12-31 · Insolvency · https://www.lkslaw.com/insights/news/ibc-amendment-ordinance-2019-promulgated · In order to protect the Corporate Debtor and its assets from liabilities for offences committed prior to the commencement of Corporate Insolvency Resolution Process (CIRP), the President of India has on 28th of December 2019 promulgated an Ordinance – Insolvency and Bankruptcy (Amendment) Ordinance, 2019.
Trade restrictions at historically high levels even as many new measures for facilitating trade implemented: WTO report · 2019-12-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/developments-in-the-international-trading-environment-wto-report · WTO Director General on 12th of December presented a report on “Overview of developments in the international trading environment”, with the WTO Members.
Personal Data Protection Bill, 2019 introduced in Parliament · 2019-12-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/personal-data-protection-bill-2019-introduced-in-parliament · Acknowledging that the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy, the Ministry of Electronics and Information Technology in India has introduced the Personal Data Protection Bill, 2019 in the Lok Sabha (lower house of the Indian Parliament) on 11th of December, 2019.
Insolvency - Secured creditor opting out of liquidation process cannot sell assets to persons ineligible to be resolution applicant · 2019-12-11 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-secured-creditor-opting-out-of-liquidation-process-cannot-sell-assets-to-persons-ineligible-to-be-resolution-applicant · NCLAT has held that a secured financial creditor while opting out of liquidation process is barred from selling secured assets to promoters or its related party or persons who are ineligible in terms of Section 29A of I&B Code.
No Customs duties on electronic transmissions – WTO extends moratorium · 2019-12-11 · Customs · https://www.lkslaw.com/insights/news/no-customs-duties-on-electronic-transmissions-wto-extends-moratorium · WTO Members have on 10th of December agreed to maintain the current practice of not imposing customs duties on electronic transmissions until the 12th Ministerial Conference (MC12). Members also agreed to reinvigorate the work under the Work Programme on Electronic Commerce, based on the existing mandate. The 12th Ministerial Conference is scheduled to be held on 8-11th of June 2020 in Kazakhstan.
Corporate tax cut - Taxation Laws (Amendment) Bill, 2019 passed by Lok Sabha · 2019-12-04 · Direct Tax · https://www.lkslaw.com/insights/news/corporate-tax-cut-taxation-laws-amendment-bill-2019-passed-by-lok-sabha · Taxation Laws (Amendment) Bill, 2019 which seeks to amend the Income Tax Act, 1961 to incorporate the changes relating to reduction of corporate tax rates for domestic companies and new companies, has been passed by the Lok Sabha (lower house of the Indian Parliament) on 2nd of December. The Bill was introduced on 25-11-2019.
Arbitration – No automatic stay on challenge to arbitral award – SC strikes down Section 87 · 2019-12-03 · Arbitration · https://www.lkslaw.com/insights/news/arbitration-no-automatic-stay-on-challenge-to-arbitral-award-sc-strikes-down-section-87 · Larger Bench of the Supreme Court has struck down the deletion of Section 26 of the 2015 Arbitration Amendment Act, together with the insertion of Section 87 into the Arbitration and Conciliation Act, 1996 by the 2019 Amendment Act, as being manifestly arbitrary under Article 14 of the Constitution of India. Section 87 provided that unless the parties agreed otherwise, the 2015 Amendments would apply prospectively to all arbitral and court proceedings.
CCI revises fees – Other amendments also made in CCI (General) Regulations · 2019-11-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/cci-revises-fees-other-amendments-also-made-in-cci-general-regulations · The Competition Commission of India has revised the fees payable by any person, consumer or their association or trade associations while giving information in respect of anti-competitive agreements and abuse of dominant position, for alleged violation of provisions of the Competition Act.
No demand under Cenvat Rule 6 on electricity generated from bagasse · 2019-11-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-demand-under-cenvat-rule-6-on-electricity-generated-from-bagasse · Relying upon Supreme Court decision in the case of DSCL Sugar Ltd., the Delhi High Court has held that since bagasse is non-marketable, sale of electricity generated entirely from such non-excisable bagasse, will not attract demand under Rule 6(3)(i) of the Cenvat Credit Rules, 2004.
Injunction against MAKEMYTRAVEL - Correspondence with lowest rung executive is not acquiescence · 2019-11-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/injunction-against-makemytravel-correspondence-with-lowest-rung-executive-is-not-acquiescence · In a dispute involving MAKEMYTRIP and MAKEMYTRAVEL, the Delhi High Court has made absolute the interim injunction granted earlier by it against use of the trade mark/trade name 'Make My Travel' (word per se), MMT (letter mark) and the tag line 'Dreams Unlimited', the MakeMyTravel Logo and their website.
Patents and Designs – Application and other fees sought to be reduced for small entities · 2019-10-31 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-and-designs-application-and-other-fees-sought-to-be-reduced-for-small-entities · The Department of Promotion of Industry and Internal Trade in the Indian Ministry of Commerce and Industry has on 18th of October notified the draft Patents (2nd Amendment) Rules, 2019 and the draft Designs (Amendment) Rules, 2019.
Competition – DG’s report finding contravention of provisions is not binding on CCI · 2019-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-dg-s-report-finding-contravention-of-provisions-is-not-binding-on-cci · The Delhi High Court has rejected the contention that if the report of the Director General (DG) recommends that there are contraventions of provisions of Competion Act, the Competition Commission of India (CCI) cannot close the case straightway. It observed that there is no provision in the Competition Act which mandates that the CCI must accept the report of the DG recommending that there are contraventions of the provisions of the Act.
Blocking of access to specific information – When can Indian Court grant global injunctions · 2019-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/news/blocking-of-access-to-specific-information-when-can-indian-court-grant-global-injunctions · In a case involving publication of defamatory videos and other contents in social media, the Single Judge Bench of Delhi High Court has held that disabling and blocking of access, in respect of such information uploaded from India, must be from the computer resource, and such resource includes a computer network, i.e., the whole network and not a mere (geographically) limited network.
Manufacture and other operations in warehouse under Customs s.65 clarified · 2019-10-04 · Customs · https://www.lkslaw.com/insights/news/manufacture-and-other-operations-in-warehouse-under-customs-s-65-clarified · CBIC has issued Circular No. 34/2019-Cus. and the Manufacture and Other Operations in Warehouse (No. 2) Regulations, 2019 to cover the procedures and documentation for units operating under Section 65 of the Customs Act, 1962 in a comprehensive manner, including application for seeking permission under Section 65, provision of execution of the bond by the licensee, receipt, storage and removal of goods, maintenance of accounts, conduct of audit etc.
Competition - DG can investigate matter beyond CCI order of investigation · 2019-09-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-dg-can-investigate-matter-beyond-cci-order-of-investigation · Delhi High Court has held that an order of CCI under Section 26(1) of the Competition Act which triggers investigation by DG, does not circumscribe the scope of investigation by DG only to such matters which are subject matter of the original complaint.
Draft model guidelines on IPR policy for academic institutions released · 2019-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/draft-model-guidelines-on-ipr-policy-for-academic-institutions-released · Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry of India, has recently released draft model guidelines on implementation of IPR policy for academic institutions.
Patent in eco-friendly efficient vehicle – Absence of novelty · 2018-12-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-ineco-friendly-efficient-vehicle-absence-of-novelty · The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology.
Composite suit of Infringement of design and passing off, permissible · 2018-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/composite-suit-of-infringement-of-design-and-passing-off-permissible · Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off.
Counterfeit goods – E-commerce website when not merely an intermediary · 2018-12-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/counterfeit-goods-e-commerce-website-when-not-merely-an-intermediary · Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that Shopclues.com is not merely an intermediary.
Competition law – Advocate can accompany person summoned by DG · 2018-12-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-law-advocate-can-accompany-person-summoned-by-dg · Competition Commission of India has amended CCI (General) Regulations, 2009 to specify that an advocate may accompany any person summoned by the DG to appear before him, subject to specified conditions.
Cause of action under Designs Act distinct from that in a trademark suit · 2018-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/cause-of-action-under-designs-act-distinct-from-that-in-a-trademark-suit · Delhi High Court has held that in a case where an infringement suit has already been filed under the Designs Act, there is no need to obtain the leave of the court to introduce a separate proceeding in the case of passing-off of trademark.
In-bond manufacturing – CBIC consolidates forms and clarifies procedures · 2018-10-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/in-bond-manufacturing-cbic-consolidates-forms-and-clarifies-procedures · CBIC has updated procedure for seeking permission for in-bond manufacturing and for maintaining various records. An elaborate Circular No. 38/2018-Cus., dated 18-10-2018 issued for the purpose also prescribes various forms for this purpose and clarifies on duty liability on removal of processed good
Limitation in insolvency cases – Insertion of s.238A in IBA is retrospective · 2018-10-12 · Insolvency · https://www.lkslaw.com/insights/news/limitation-in-insolvency-cases-insertion-of-s-238a-in-iba-is-retrospective · Relying on Report of Insolvency Law Committee, Supreme Court of India has held that insertion of Section 238A in the Insolvency and Bankruptcy Code (IBC) is retrospective.
CCI amends Combination Regulations for faster disposal of M&A cases · 2018-10-10 · Competition & Antitrust · https://www.lkslaw.com/insights/news/cci-amends-combination-regulations-for-faster-disposal-of-manda-cases · Competition Commission of India has amended CCI (Procedure in regard to Transaction of Business relating to Combinations) Regulations, 2011 on 9-10-2018 to provide certainty, transparency and other clarificatory changes for faster disposal of combination cases.
IPAB can hear copyright matter in absence of Member Copyright · 2018-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/ipab-can-hear-copyright-matter-in-absence-of-member-copyright · The Delhi High Court has held that though it may be apposite for the government to appoint Member Technical (Copyright), a vacancy in this regard does not impinges upon jurisdiction of the Intellectual Property Appellate Board (IPAB) constituted under Section 83 of the Trade Marks Act.
Art. 12 and 14 of Indo-German and Indo-Swiss DTAAs – Beneficial Article to apply · 2018-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/art-12-and-14-of-indo-german-and-indo-swiss-dtaas-more-beneficial-article-to-apply · The assessee, an Indian company, was making payments to a German individual resident which according to the Revenue fell under the category of ‘Fees for technical services’ as per Section 9(1)(vii) of the Income Tax Act and Article 12 of the Indo-German DTAA and thus
GST (Compensation to States) Act, 2017 is constitutionally valid · 2018-10-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-compensation-to-states-act-2017-is-constitutionally-valid · GST (Compensation to States) Act, 2017 and the Rules framed thereunder are constitutionally valid. The Act has been held as not beyond legislative competence of Parliament, as not transgressing the Constitution (101st Amendment) Act and not a colourable legislation.
Territorial jurisdiction of court - Trademark s.134 and Copyright s.62 are not in exclusion to s.20 of CPC · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/territorial-jurisdiction-of-court-trademark-s-134-and-copyright-s-62-are-not-in-exclusion-to-s-20-of-cpc · Delhi High Court has held that territorial jurisdiction of a Court in a trademark action could be invoked where there is use ‘upon’ or ‘in relation’ to goods. It noted that the phrase ‘in relation to’ includes advertising, promotion, etc.
Anti-dumping duty – DA’s termination order appealable before CESTAT · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/anti-dumping-duty-da-termination-order-appealable-before-cestat · Appeal can be filed before CESTAT under Section 9C of the Customs Tariff Act, 1975 in a case where Designated Authority proposes non-imposition of anti-dumping duty.
Territorial jurisdiction of court - Trademark s.134 and Copyright s.62 are not in exclusion to s.20 of CPC · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/territorial-jurisdiction-of-court-trademark-s134-and-copyright-s62-are-not-in-exclusion-to-s20-of-cpc · Delhi High Court has held that territorial jurisdiction of a Court in a trademark action could be invoked where there is use ‘upon’ or ‘in relation’ to goods. It noted that the phrase ‘in relation to’ includes advertising, promotion, etc.
GSTR-1, GSTR-3B and GST TRAN-1 – New due dates notified · 2018-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/gstr-1-gstr-3b-and-gst-tran-1-new-due-dates-notified · Form GSTR-1 for the months of July 2017 till September 2018 can now be filed till 31st of October 2018, both by persons having turnover up to Rs.1.5 crore and more (with certain exceptions).
Transfer pricing - Functional comparability for computing ALP under TNMM · 2018-08-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/transfer-pricing-functional-comparability-for-computing-alp-under-tnmm · Delhi High Court has upheld the ITAT decision which in turn had upheld the exclusion of comparables observing that the nature of services provided by assessee under R&I segment were in nature of Knowledge Processing Outsourcing (KPO) and not of Business Processing Outsourcing (BPO)
Copyright in image of ‘Lightning McQueen’ protected from commercial misuse · 2018-08-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-in-image-of-lightning-mcqueen-protected-from-commercial-misuse · In a case of character merchandising, Delhi High Court has granted permanent injunction retraining defendants from selling goods bearing image of device/work in “Lightning McQueen”, a character from the Disney movie called “Cars”.
Trademark – No monopoly over entire class of goods · 2018-08-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-no-monopoly-over-entire-class-of-goods · The Supreme Court has held that proprietor of trademark cannot enjoy monopoly over entire class of goods particularly when he is not using said trademark in respect of certain goods falling under same class.
GST rate on various products and services clarified · 2018-08-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-rate-on-various-products-and-services-clarified · CBIC has issued an elaborate circular to clarify on rate of GST on various products, namely, fortified toned milk, refined beet and cane sugar, tamarind kernel powder (modified & un-modified form), drinking water, plasma products, wipes using spun lace non-woven fabric, real zari kasab (thread),
Trademark – No infringement if mark not used as trademark · 2018-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-no-infringement-if-mark-not-used-as-trademark · Delhi High Court has denied interim injunction against use of trade name MERCYKIND which was alleged to be infringing the mark MANKIND and also its series of marks with suffix/prefix KIND. The court in this regard noted that plaintiff had taken different stand before the Registrar,
Copyright of producer in cinematographic work when cannot be restricted · 2018-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-of-producer-in-cinematographic-work-when-cannot-be-restricted · A Division Bench of the Madras High Court has held that once the ‘performer’ in an advertisement film (cinematograph work) has agreed to vesting of copyright in the producer of the film, the said performer, by way of an agreement,
Trademark - No passing off for using mark SPLITVIEW · 2018-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-no-passing-off-for-using-mark-splitview · Observing that the elements of irreparable injury and balance of convenience were not satisfied, Delhi High Court on dated 4-7-2018 has rejected grant of an interim injunction in a case involving use of word SPLITVIEW in software products.
Pre-cut Eye Drape having only functional value does not qualify as Design · 2018-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/pre-cut-eye-drape-having-only-functional-value-does-not-qualify-as-design · Considering nothing non-obvious, novel or unique in the shape, size, configuration, pattern and composition in registered design of Pre-Cut Eye Drape, Delhi High Court in its decision dated 28-5-2018 has held that the design does not qualify as design under Section 2(d) of the Designs Act.
Commercial Courts…(Amendment) Bill passed by Lok Sabha · 2018-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/commercial-courts-amendment-bill-passed-by-lok-sabha · The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 has been passed by the Lok Sabha (lower house of the Indian Parliament).
SCOMET - Amendments in Appendix 3, procedural relaxations and export authorisations · 2018-07-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/scomet-amendments-in-appendix-3-procedural-relaxations-and-export-authorisations · The Central Government has made a total of 139 amendments in Appendix 3 to Schedule-2 of ITC (HS) Classifications of Export and Import Items, 2018. Notification No. 17/2015-2020, dated 3-7-2018 has been issued for the purpose.
CGST and IGST provisions set to be amended · 2018-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/cgst-and-igst-provisions-set-to-be-amended · Goods and Services Tax Council has, on 21-7-2018, in its 28th meeting approved draft amendments to CGST Act, IGST Act and GST (Compensation to States) Act.
TRAI’s recommendation on data privacy, security and ownership · 2018-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/trai-recommendation-on-data-privacy-security-and-ownership · The Telecom Regulatory Authority of India (TRAI) released their Recommendations on Privacy, Security and Ownership of Data (the Recommendations) in context of the telecommunication domain. The Recommendations, besides elaborating on the need and importance of data privacy in telecommunications,
Implantable medical devices will now be drugs · 2018-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/implantable-medical-devices-will-now-be-drugs · The Central Drugs Standard Control Organization (CDSCO) on June 22, 2018 issued a public notice regarding medical devices. Through the notice, the CDSCO has proposed to include implantable medical devices within the purview of Section 3(b)(iv) of the Drugs and Cosmetics Act, 1940 (the Act), and now would be considered as ‘drugs’.
Trademark – Section 124 applicable to stay infringement suit and not suit for passing-off · 2018-06-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-section-124-applicable-to-stay-infringement-suit-and-not-suit-for-passing-off · Observing that the defendant had never abandoned the plea of invalidity and had filed the rectification proceedings within three months before IPAB, Delhi High Court has stayed the suit for infringement of trademark, under Section 124 of the Trademarks Act, 1999.
India set to increase Customs duty on certain products from USA · 2018-06-21 · Customs · https://www.lkslaw.com/insights/news/india-increases-customs-duty-on-certain-products-from-usa · India will from 4th of August increase Basic Customs Duty (BCD) on certain products originating from the United States of America. According to Notification Nos. 48 and 49/2018-Cus. issued yesterday (20-6-2018), goods falling under Chapter 05 (Artemia), 07 (edible vegetables and certain roots
Reference to arbitration when one of the agreements not containing arbitration clause · 2018-06-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/reference-to-arbitration-when-one-of-the-agreements-not-containing-arbitration-clause · In this case, several agreements and contracts were executed between various parties through their involvement in a single commercial project of a solar plant. Among the 4 agreements executed between parties, 3 contained an arbitration clause.
No passing-off in abbreviation used along with another different mark · 2018-06-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-passing-off-in-abbreviation-used-along-with-another-different-mark · In a case involving passing-off by use of trademark VAC-PAC, Delhi High Court has dismissed the suit with costs. It observed that plaintiff used the mark with his another trademark SUPERON, while defendant used it along with his mark GMM/arc, which is totally different.
Trademark passing-off – Use of surname not prohibited · 2018-06-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-passing-off-use-of-surname-not-prohibited · Karnataka High Court has upheld vacation of interim injunction in a case involving alleged passing-off in names of companies - Patil and Patil Parimala Works, and Patil Fragrances. The plaintiff had contended that by using the word ‘Patil’, the defendant was infringing the rights of the plaintiff.
Pre-deposit for second appeal includes deposits made for first appeal · 2018-06-04 · Customs · https://www.lkslaw.com/insights/news/pre-deposit-for-second-appeal-includes-deposits-made-for-first-appeal · Delhi High Court has on 31st of May 2018 held that for filing second appeal before the CESTAT, the assessee is required to deposit 10% of amount of duty/penalty as confirmed by the first appellate authority which is inclusive of 7.5% pre-deposit made for the first appeal.
WTO establishes panel to examine certain Indian export measures · 2018-05-31 · (no practice area listed) · https://www.lkslaw.com/insights/news/wto-establishes-panel-to-examine-certain-indian-export-measures · WTO has on 28th of May, 2018 established panel to examine certain Indian export measures which according to the United States of America are export subsidies in violation of WTO's Agreement on Subsidies and Countervailing Measures.
Competition - Counsel can accompany clients during investigation before DG · 2018-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-counsel-can-accompany-clients-during-investigation-before-dg · Delhi High Court has held that right of a person to be accompanied/represented by an advocate cannot be extinguished considering the severe consequences of enquiry/investigation under Section 41(2) of the Competition Act.
Deduction under s.10A allowed in both export and total turnover · 2018-05-22 · Direct Tax · https://www.lkslaw.com/insights/news/deduction-under-s-10a-allowed-in-both-export-and-total-turnover · Supreme Court has held that software development charges relatable to technical services provided outside India are to be excluded from ‘total turnover’ while working out deduction under Section 10A of Income Tax Act.
Excise valuation – No difference in ‘transaction value’ and ‘normal value’ · 2018-05-22 · Direct Tax · https://www.lkslaw.com/insights/news/excise-valuation-no-difference-in-transaction-value-and-normal-value · Constitution Bench (5 Judge Bench) of Supreme Court in the case of Commissioner v. Grasim Industries has held that inclusions that enrich value of article till its clearance, are permissible additions to value under Section 4 (prior to 2000) of the Central Excise Act,
Works contract or sale and service contract – Nature of contract is relevant · 2018-05-22 · Direct Tax · https://www.lkslaw.com/insights/news/works-contract-or-sale-and-service-contractnature-of-contract-is-relevant · Karnataka High Court in the case of Thyseenkrupp Elevator v. Commissioner has held that when there are two contracts, one for purchase of component and other for labour and service then the nature of contract is relevant in determining transaction as sale simpliciter or works contract.
GST payable on one-time lease premium when specific exemption absent · 2018-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-payable-on-one-time-lease-premium-when-specific-exemption-absent · Division Bench of Bombay High Court has held that GST is leviable on one-time lease premium paid by the allottee to acquire plots for business purposes on long term lease.
Directorate General of Trade Remedies created in Department of Commerce · 2018-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/directorate-general-of-trade-remedies-created-in-department-of-commerce · In order to provide comprehensive and swift trade defence mechanism the Indian government has created an integrated single umbrella national authority to be called the Directorate General of Trade Remedies (DGTR).
27th Meeting of the GST Council – Highlights · 2018-05-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/27th-meeting-of-the-gst-council-highlights · Goods and Services Tax (GST) Council met for the 27th time on 4th of May, 2018 and decided on various issues including simplifying the GST monthly return filing, and converting the GSTN into a fully government owned company.
Copyright – Lack of originality in work is touchstone in Rectification Petition · 2018-05-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-lack-of-originality-in-work-is-touchstone-in-rectification-petition · The Delhi High Court has allowed the rectification application holding that artistic work in label NIHAL UTTAM is not an original work under Section 13 of the Copyright Act. It held that Respondent’s artistic work in the said label was substantial reproduction and colourable imitation of Appellant’s NIHAR COCONUT OIL.
Copyright – ‘Protected system’ under I.T. Act, and ‘Government work’ · 2018-05-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-protected-system-under-i-t-act-and-government-work · The Honble Supreme Court has held that power of declaration of ‘protected system’ under Section 70 of the Information Technology Act, 2000 has to be read along with the provisions contained in Sections 2(k) and 17(d) of the Copyright Act, 1957 defining government work and vesting copyright in such
Trademark/dress infringement – Punitive damages for violating interim order · 2018-05-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-dress-infringement-punitive-damages-for-violating-interim-order · Delhi High Court has held that selling of chocolates under name of Golden Passion amounts to passing off, unfair competition, etc. An order of permanent injunction was passed upholding defendant’s chocolates as deceptively similar to plaintiff’s registered trade mark or trade dress FERRERO ROCHER.
Trademark – No confusion between words ‘Blacksmith’ and ‘Goldsmith’ · 2018-05-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-no-confusion-between-words-blacksmith-and-goldsmith · Finding no case of infringement and passing off of mark ‘Blacksmith’ by mark ‘Goldsmith’, Delhi High Court has dismissed the suit for permanent injunction. It noted that dictionary meanings of words were different and they were unlikely to be remembered by breaking into two parts, i.e. Black
Insolvency – ‘Moratorium’ applicable to property of ‘Personal Guarantor’ · 2018-04-05 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-moratorium-applicable-to-property-of-personal-guarantor · National Company Law Appellate Tribunal has held that ‘Moratorium’ under Section 14 of the Insolvency and Bankruptcy Code will not only be applicable to the property of the ‘Corporate Debtor’ but also on its ‘Personal Guarantor’.
Fugitive Economic Offenders Bill approved by Cabinet · 2018-04-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/fugitive-economic-offenders-bill-approved-by-cabinet · Union Cabinet has approve the Fugitive Economic Offenders Bill, 2017 providing for measures to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts and empowers the Government to confiscate the properties of such offenders in India.
Arbitration and Conciliation (Amendment) Bill, 2018 · 2018-04-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-and-conciliation-amendment-bill-2018 · The Union Cabinet has recently approved the Arbitration and Conciliation (Amendment) Bill 2018 for introduction before the Indian Parliament.
Trademark infringement – Identical manner of use important, while difference in packing not · 2018-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-infringement-identical-manner-of-use-important-while-difference-in-packing-not · In a case involving alleged infringement of trademark, Delhi High Court has held that difference if any in the cartons in which the goods may be sold or packed will not affect deception otherwise likely between the two marks.
Patent infringement – Prior study having contrary findings is not ‘prior art’ · 2018-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-infringement-prior-study-having-contrary-findings-is-not-prior-art · The Delhi High Court has held that the combination containing both Metsulfuron Methyl and Sulfosulfuron as prepared by the plaintiff was novel and not obvious. The uniqueness of plaintiff’s composition comprising of such compounds was that it was effective against both grassy and broad leaf weeds.
Patents - Counter claim in infringement suit better than revocation in IPAB · 2018-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-counter-claim-in-infringement-suit-better-than-revocation-in-ipab · In a case involving revocation application before IPAB and infringement suit before the High Court, Delhi High Court has held that effect of taking defence under Section 107(1) of the Patents Act or of making a Counter claim under Section 64 would be same.
Refund to exporters clarified · 2018-03-16 · Customs · https://www.lkslaw.com/insights/news/refund-to-exporters-clarified · Central Board of Excise and Customs has on 15th of March 2018 clarified that refund of eligible credit on account of SGST will be available even if the supplier of goods or services or both has availed of drawback in respect of CGST.
Refund to exporters - Number of issues clarified · 2018-03-16 · Customs · https://www.lkslaw.com/insights/news/refund-to-exporters-number-of-issues-clarified · Central Board of Excise and Customs has on 15th of March 2018 clarified that refund of eligible credit on account of SGST will be available even if the supplier of goods or services or both has availed of drawback in respect of CGST.
26th Meeting of GST Council held on 10th of March, 2018 – Highlights · 2018-03-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/26th-meeting-of-gst-council-held-on-10th-of-march-2018-highlights · GST Council met on 10th of March 2018 and took decisions on various issues. According to the Press Releases issued highlighting the recommendations of the Council, E-way bill provisions for inter-State movement of goods are to be implemented across the country from 1st April 2018
GST E-way Bill provisions to be revised from appointed date · 2018-03-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-e-way-bill-provisions-to-be-revised-from-appointed-date · Ministry of Finance has issued notification on 7th of March, 2018 to amend provisions relating to E-way Bill, in the Central Goods and Services Tax Rules, 2017 (CGST Rules).
Synchronized trading when in violation of SEBI Regulations · 2018-03-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/synchronized-trading-when-in-violation-of-sebi-regulations-1 · There were two groups of respondent parties – three traders and three brokers. Show causes notices were sent to the parties alleging that the parties had been buying and selling securities in the derivatives segment at a price which did not reflect the value of the underlying securities in synchronised and reverse transactions.
Limitation period for filing appeals from Orders of NCLT · 2018-03-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/limitation-period-for-filing-appeals-from-orders-of-nclt · An appeal to NCLAT was preferred by the Appellant from an Order of the NCLT. However, such appeal was filed with a delay of 9 days after expiry of the period of limitation and the grace period provided under Section 421(3) of the Act. Accordingly, the appeal was dismissed by the NCLAT. Assailing this order of the NCLAT, the Appellant preferred an appeal before the Supreme Court.
Indian Budget 2018 – Changes proposed in Customs law · 2018-02-15 · Customs · https://www.lkslaw.com/insights/news/indian-budget-2018-changes-proposed-in-customs-law · In the Budget 2018 present before the Indian Parliament today (1-2-2018), the Finance Minister has proposed many changes both in the provisions of Customs Act, 1962 and Customs Tariff Act, 1985.
No registration when design a trade variation and available in public domain · 2018-02-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-registration-when-design-a-trade-variation-and-available-in-public-domain · Rejecting plaintiff’s claim of piracy of design, Delhi High Court has on 8-2-2018 cancelled a registered design. The Court in this regard noted that the design in respect of the footwear was available in public domain before, and is only a trade variation of a sandal.
Commercial Transaction must for Court’s jurisdiction in passing off · 2018-02-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/commercial-transaction-must-for-courts-jurisdiction-in-passing-off · For the purpose of invoking jurisdiction of a court in a passing off action, the plaintiff is required to plead and establish that there has been a Commercial Transaction within the jurisdiction of that Court which amounts to passing-off.
Patent infringement - Technical expert allowed during cross-examination · 2018-02-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-infringement-technical-expert-allowed-during-cross-examination · Delhi High Court has allowed defendant’s interim application regarding presence of his technical expert during cross-examination of plaintiff’s witness, an expert himself. The plaintiff had relied upon Chapter XIII Rule 4 of the Delhi High Court (Original Side) Rules, 1967 according to which witnesses were not to be present in the Court during hearing of the suit.
Budget 2018 - Key Changes for Corporate Sector in India · 2018-02-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/budget-2018-key-changes-for-corporate-sector-in-india · The Finance Minister of India, made the budget speech for the Financial Year 2018-2019 and presented the Finance Bill, 2018 on February 1, 2018.
Review of FDI Policy on various sectors · 2018-02-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/review-of-fdi-policy-on-various-sectors · Union Cabinet recently approved changes in the Foreign Direct Investment Policy (“FDI Policy”) allowing further liberalisation with a view to promote and provide ease of doing business in the country. On January 23, 2018, the Department of Industrial Policy & Promotion notified the amendments by way of Press Note No. 1 (2018 Series). These amendments will come into effect from the date of the FEMA notification in this regard.
25th meeting of GST Council – Certain highlights · 2018-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/25th-meeting-of-gst-council-certain-highlights · GST Council met for the 25th time on 18-1-2018 in New Delhi. Number of decisions, including reduction in GST rates for around 29 goods and 53 services were taken while also recommending reduction of late fees payable on delayed filing of certain returns. Some procedural relaxations in respect of cancellation of registration have also been proposed.
Protection of generic word bestowed with greater degree of burden of proof · 2018-01-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/protection-of-generic-word-bestowed-with-greater-degree-of-burden-of-proof · The Delhi High Court in a case of trademark infringement and passing off has rejected the contention for protection of a generic word ‘AYUR’ as trademark. The plaintiff had contended that the word ‘Ayur’ is invented by them and it has no meaning whatsoever. They also pleaded that because of its extensive use it has acquired distinctness and is identifiable only with their goods.
Government need not consult DTAB to prohibit manufacture of drug/cosmetic · 2018-01-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/government-need-not-consult-dtab-to-prohibit-manufacture-of-drug-cosmetic · Supreme Court of India has held that it is not mandatory for the Central Government to hold prior consultations with the Drugs Technical Advisory Board, for exercise of power under Section 26A of the Drugs and Cosmetics Act, 1940.
No infringement on selling of replacement parts of complex product: CJEU · 2018-01-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-infringement-on-selling-of-replacement-parts-of-complex-product-cjeu · The Court of Justice of the European Union (CJEU) has rejected the contention of various car manufacturers that Article 110(1) of the EU Regulation No. 6/2002 would not cover alloy car wheel rims.
IRDAI (Investment by PE Funds in Indian Insurance Companies) Guidelines · 2018-01-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/irdai-investment-by-pe-funds-in-indian-insurance-companies-guidelines · IRDAI has issued certain guidelines with respect to investment in insurance companies either as an investor or as a promoter. These Guidelines provide clarity as they set out a regulatory framework that will now apply, and which will enable increased flow of Foreign Direct Investment into the country and will also unleash a new era for formation of new-age insurance companies that will lead to deeper penetration and growth of the insurance industry.
Highlights of 11th Ministerial Conference held in Buenos Aires · 2018-01-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/highlights-of-11th-ministerial-conference-held-in-buenos-aires · The 11th Ministerial Conference (“MC’11”) was flagged off on 10 December, 2017 at Buenos Aires, Argentina. MC’11 has been held at a time when the Trade Facilitation Agreement has entered into force mandating (for the first time ever) a revision of the WTO Rule Book, the WTO Members have eliminated agricultural export subsidies, adopted measures to support LDCs (especially with respect to cotton trade) and expanded the Information Technology Agreement to eliminate substantial tariffs on trade.
White Paper Of The Committee Of Experts On A Data Protection Framework For India · 2017-12-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/white-paper-on-data-protection-and-privacy · The Government of India constituted a Committee of Experts on July 31st, 2017 under the Chairmanship of former Supreme Court justice B.N. Srikrishna with the objective to identify and study the key issues relating to data protection in India and make specific suggestions on principles to be considered for data protection in India and suggest a draft Data Protection Bill.
Non-receipt of royalty from overseas subsidiary can be subject to TP adjustment · 2017-12-27 · Direct Tax · https://www.lkslaw.com/insights/news/non-receipt-of-royalty-from-overseas-subsidiary-can-be-subject-to-tp-adjustment · The petitioner was aggrieved by the addition of royalty income in the year it had ceased to receive royalty from its subsidiary.
Trademarks Act does not contemplate permission of civil court to override other provisions for filing of rectification application · 2017-12-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-act-does-not-contemplate-permission-of-civil-court-to-override-other-provisions-for-filing-of-rectification-application · The Supreme Court examined the various sections under the Trade & Merchandise Marks Act 1958 and Trademarks Act, 1999 to determine whether a person could resort to rectification proceedings before the statutory authorities (Registrar/IPAB) even in a situation where infringement proceedings had been instituted and the plea of validity of registration has not been taken or in case not taken up within the time limit specified.
Income on cessation of liability arises if no consideration passes to creditor for the same · 2017-12-27 · Direct Tax · https://www.lkslaw.com/insights/news/income-on-cessation-of-liability-arises-if-no-consideration-passes-to-creditor-for-the-same · The department sought to tax the sum of share application money which was adjusted against sums due to the assessee as income from cessation of liability.
Trademark – Prefix ‘’Bookmy’’ descriptive in nature for online booking services · 2017-12-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-prefix-bookmy-descriptive-in-nature-for-online-booking-services · The plaintiff, registered proprietor of word mark and logos BOOKMYSHOW, was seeking permanent injunction against defendant from using in any manner mark BOOKMYSPORTS, of using prefix BOOKMY.
Copyright of producer in cinematograph film includes dubbing rights · 2017-12-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-of-producer-in-cinematograph-film-includes-dubbing-rights · The author of the script for a cinematograph film sought permanent injunction against the producer of the movie in Tamil language, from dubbing the film in Telugu language. The appellant-author claimed that he held the copyright in the script and had only permitted the producer to make the film in one language.
SEBI (International Financial Services Centres) Guidelines, 2015 – Amendments · 2017-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/seb-international-financial-services-centres-guidelines-2015amendments · In its Circular dated November 14, 2017 (“Circular”), SEBI has amended the guidelines for International Financial Services Centres (“IFSC”) wherein SEBI has introduced an amended definition of an ‘Issuer’ in the SEBI (IFSC) Guidelines, 2015 (“Guidelines”).
Contract – SC rules on when express term can be implied · 2017-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/contractsc-rules-on-when-express-term-can-be-implied · The Supreme Court has held that a contract should be interpreted in accordance with the terms expressly provided in its agreement. A term can only be implied to be present in the contract if it is necessary to give efficacy to the business transaction.
Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017 · 2017-12-06 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-and-bankruptcy-code-amendment-ordinance-2017 · The President of India, on 23rd November, 2017 [Notification No. DL- (N)04/0007/2003-17], promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017, which amends the existing Insolvency and Bankruptcy Code, 2016 (IBC), in order to strengthen the insolvency resolution process.
Counter-guarantee is an independent contract, separate from its underlying contract · 2017-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/counter-guarantee-is-an-independent-contract-separate-from-its-underlying-contract · The High Court of Delhi has held that a counter-guarantee is an independent contract, separate from its underlying contract.
Shape marks serving as indication of origin · 2017-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/shape-marks-serving-as-indication-of-origin · At issue was the invalidation of trademark, namely the shape of London taxi and its revocation for non-use.
No claim of exclusivity lies by use of mark similar to registered trademark as descriptive word · 2017-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-claim-of-exclusivity-lies-by-use-of-mark-similar-to-registered-trademark-as-descriptive-word · The plaintiff was registered proprietor of marks ‘Swadi’ and ‘Swadisht’ in respect of rice. It used the word ‘Swaad’ as part of its tagline.
Mere addition of suffix or prefix to a mark does not remove likelihood of confusion · 2017-12-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/mere-addition-of-suffix-or-prefix-to-a-mark-does-not-remove-likelihood-of-confusion · The appellant was aggrieved by the order of permanent injunction passed in favour of respondent who runs fast food restaurant and was using the name ‘Adiga’, ‘Vasudev Adiga’ and various other combinations with ‘Adiga’.
Rectification in Returns – Regularisation of technical omissions · 2017-12-05 · Direct Tax · https://www.lkslaw.com/insights/news/rectification-in-returnsregularisation-of-technical-omissions · In a case involving denial of rectification of some errors in the returns filed by the assessee, which came to light after an audit, Kerala High Court has held that the mere apprehension, that if the assessee was permitted to pay differential tax, he might claim input tax credit, cannot be a ground to deny the opportunity to rectify an anomaly in the returns.
Export of service – SMS aggregator service to foreign company within India · 2017-12-05 · Direct Tax · https://www.lkslaw.com/insights/news/export-of-servicesms-aggregator-service-to-foreign-company-within-india · CESTAT Mumbai has allowed refund of unutilised Cenvat credit when SMS aggregator service was provided by the assessee to foreign company (Facebook) for its subscribers in India.
Exemption based on location of unit – Some recent developments · 2017-12-05 · Direct Tax · https://www.lkslaw.com/insights/news/exemption-based-on-location-of-unitsome-recent-developments · In some of the recent developments in respect of units which were earlier availing exemption under various area-based exemption schemes, CBEC has prescribed procedure for manual filing of refund under new budgetary support scheme under the GST regime, while Supreme Court of India has allowed exemption (refund) of Education Cess also under the erstwhile Central Excise notifications.
Mandatory e-sealing of containers by exporters · 2017-11-01 · Customs · https://www.lkslaw.com/insights/news/mandatory-e-sealing-of-containers-by-exporters · To facilitate exports and to provide relief to exporters, Central Board of Excise & Customs (CBEC) has dispensed with the requirement of seeking the presence of jurisdictional officer for supervising stuffing of export cargo.
Limitation Act not applicable for proceedings under IBC · 2017-10-13 · Insolvency · https://www.lkslaw.com/insights/news/limitation-act-not-applicable-for-proceedings-under-ibc · The National Company Law Appellate Tribunal held that the Limitation Act, 1963 is not applicable to the Insolvency & Bankruptcy Code, 2016. NCLAT further held that debentures fall within the meaning of ‘Financial Debt’ irrespective of the amount of interest attached to them.
Are Belated Claim Amendments of Granted Patents Permitted? · 2017-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/are-belated-claim-amendments-of-granted-patents-permitted · In a recent order dated August 01, 2017, the Singapore Court of Appeal [See end note i], upheld the High Court’s order
Copyrights - Sound recording rights different from literary or musical rights · 2017-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyrights-sound-recording-rights-different-from-literary-or-musical-rights · A Division Bench of the Bombay High Court has dismissed the appeal filed against the Single Judge Order granting an interim injunction, restraining the defendants (Trimurti Films Pvt. Ltd) from releasing the film “Baadshaho” with the song “Keh Doon Tumhe”.
Trademark infringement when products involved are different · 2017-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-infringement-when-products-involved-are-different · In a case pertaining to a suit for trademark infringement and passing off, in the mark “Vogue”, the trial court had vacated the ex-parte interim injunction in favour of the plaintiffs(Advance Magazine Publishers Inc).
Demerged resultant entity eligible to position itself as a ‘financial creditor’ · 2017-10-13 · Insolvency · https://www.lkslaw.com/insights/news/demerged-resultant-entity-eligible-to-position-itself-as-a-financial-creditor · Financial Creditor (Reliance Commercial Finance Limited) made an application to the National Company Law Tribunal, Ahmedabad to initiate insolvency resolution process against Corporate Debtor (Anil Nutrients Limited) under Section 7 of the Insolvency and Bankruptcy Code.
22nd meeting of GST Council – Certain reliefs · 2017-10-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/22nd-meeting-of-gst-council-certain-reliefs · The GST Council recently held its 22nd meeting to discuss various issues being faced by the industry under the new GST regime.
Consolidated FDI Policy · 2017-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/consolidated-fdi-policy · Government of India has released the latest Consolidated FDI Policy, 2017 (FDI Policy 2017), effective from August 28, 2017.
21st GST Council meeting – Major decisions · 2017-09-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/21st-gs-council-meeting-major-decisions · The GST Council met in Hyderabad on 9th September 2017 to discuss and decide on various issues including extension of date for filing GST returns.
Copyright in literary work authored by director of company · 2017-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-in-literary-work-authored-by-director-of-company · The Delhi High Court on 4-8-2017, in the case of Neetu Singh v. Rajiv Saumitra granted an interim injunction in favour of the plaintiff. The suit was pertaining to copyright infringement in a literary work.
Cenvat Rule 3(4) proviso is ultra vires Credit Scheme · 2017-09-04 · Direct Tax · https://www.lkslaw.com/insights/news/cenvat-rule-34-proviso-is-ultra-vires-credit-scheme · Gujarat High Court, in the case of Advance Surfactants India Ltd. v. Union of India, has held the proviso to sub-rule (4) of Rule 3 of Cenvat Credit Rules to be ultra vires to the scheme of Cenvat Credit inasmuch as it restricted the utilisation of credit to the extent such credit was available on the last day of the month or quarter, for payment of duty relating to that month or the quarter, as the case may be.
Trademarks – Phonetic similarity when word used as suffix in one mark and as prefix in another · 2017-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-phonetic-similarity-when-word-used-as-suffix-in-one-mark-and-as-prefix-in-another · Bombay High Court on 2-8-2017, in the case of Pidilite Industries Limited v. Poma-Ex Products, observed that there existed high degree of phonetic similarity between the mark of the plaintiff “FEVIKWIK” and the mark of the defendant “KWIKHEAL”.
GST/VAT liability in case of chain of successive supplies · 2017-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-vat-liability-in-case-of-chain-of-successive-supplies · In a case involving supply of goods by a taxable person in the first State where, before such supply transaction is entered into, the purchaser, who is a taxable person in the second State, expresses an intention to resell the goods immediately, before transporting them from the first State to a taxable person established in a third State, the Court of Justice of the European Union has held the first transaction to be liable to VAT, as they constituted internal supplies.
Valuation of ATF available in fuel tank of aircraft returning from foreign trip · 2017-09-04 · Customs · https://www.lkslaw.com/insights/news/valuation-of-atf-available-in-fuel-tank-of-aircraft-returning-from-foreign-trip · CESTAT Delhi has rejected the contention of the Revenue department that valuation of Aviation Turbine Fuel available as remnant fuel in the aircraft returning from foreign trip, has to be done by including 20% as notional freight charges in terms of Rule 10(2) of Customs Valuation Rules.
Forex gain on royalty or interest income received by resident, taxable in India · 2017-09-04 · Direct Tax · https://www.lkslaw.com/insights/news/forex-gain-on-royalty-or-interest-income-received-by-resident-taxable-in-india · The assessee, Ballarpur Industries Ltd, a public limited company derived income from business and from royalty and interest from a joint venture company in Malaysia.
Global injunction on display of search engine results · 2017-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/global-injunction-on-display-of-search-engine-results · Google has on 24th of July brought an action before the US District Court (Northern District of California-San Jose Division) to prevent enforcement of the Canadian Supreme Court Order that prohibits Google from publishing within the US, search result information about the contents of the internet.
Right to Privacy – Supreme Court’s landmark judgement · 2017-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/right-to-privacy-supreme-courts-landmark-judgement · There was an apparent conflict between the judgments of the Supreme Court in MP Sharma case (8-judge bench) & Kharak Singh case (6 judge bench) on the one hand, versus more than 6-7 different 3-judge and 2-judge decisions 1973 and onwards, on the other hand.
Bottling of LPG Gas in cylinders amounts to production · 2017-09-01 · Direct Tax · https://www.lkslaw.com/insights/news/bottling-of-lpg-gas-in-cylinders-amounts-to-production · In the case of CIT v. Hindustan Petroleum Corporation Ltd. while considering the issue whether bottling of LPG in cylinders amounts to manufacture for the purposes of eligibility to claim deduction under Section 80-HH, Section 80-I and Section 80IA of the Act, the Hon’ble Apex Court noted that aforesaid provisions use the expression manufacture or profession.
20th GST Council Meeting - Certain Highlights · 2017-08-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/20th-gst-council-meeting-certain-highlights · The GST Council under the chairmanship of the Union Finance Minister, held its 20th meeting on 5-8-2017 at New Delhi.
High Sea sales not liable to IGST · 2017-08-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/high-sea-sales-not-liable-to-igst · Central Board of Excise and Customs has clarified that high-sea sales are not liable to IGST under the Integrated Goods and Services Tax Act, 2017.
Examination of national phase patent application filed after specified period · 2017-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/examination-of-national-phase-patent-application-filed-after-specified-period · In recent judgment of 10th July 2017, the Delhi High Court in the case of the Trytan Medical INC. vs. Union of India, has taken to task, the Patent Office, for its failure to adhere to the orders and direction of a Superior Court/ Tribunal.
Doctrine of equivalents & prosecution history - UK Supreme Court clarifies · 2017-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/doctrine-of-equivalents-prosecution-history-uk-supreme-court-clarifies · The Supreme Court of the United Kingdom has recently passed its judgment in the case of the Actavis Vs. Eli Lilly and Company , on 12th July, 2017.
Export procedures revised under new GST regime · 2017-07-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/export-procedures-revised-under-new-gst-regime · With the implementation of Goods and Services Tax (GST) in India from 1st of July, 2017, Indian authorities have revised procedures relating to export of goods and services from India.
GST from 1 July – Rate of tax and exemptions notified · 2017-06-30 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-from-1-july-rate-of-tax-and-exemptions-notified · With new Goods and Services Tax (GST) set for launch today at mid-night (30th of June-1st of July, 2017), the Indian government has notified set of notifications to specify the rate of tax on goods and services. These notifications issued under Central GST Act, Integrated GST Act and Union Territory GST Act, also cover number of exemptions for both goods and services which were approved by the GST Council earlier this month.
Exhaustion of patent right when patentee sells patented product · 2017-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/exhaustion-of-patent-right-when-patentee-sells-patented-product · The US Supreme Court has held that patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose.
Trademark infringement – Distinction in services provided, is material · 2017-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-infringement-distinction-in-services-provided-is-material · A Single Judge of the Delhi High Court has on 22-05-2017 vacated the earlier ex-parte interim injunction in a case involving trademark infringement where the mark “PINDROP” was used by the plaintiffs for recording studio business (class 41) and the mark “PINDROP MUSIC” was used by the defendants for an online application to provide music to consumers (class 42).
Trademarks – Effect of part of mark being generic and common to particular trade · 2017-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-effect-of-part-of-mark-being-generic-and-common-to-particular-trade · Observing differences, including differences in trade dress, label and get up of the two trade-names – ‘Pinch of Spice’ and ‘Pinch of Salt’, the Delhi High Court has on 24-05-2017 vacated the interim injunction it earlier granted in favour of the plaintiff.
17th GST Council Meeting – Certain highlights · 2017-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/17th-gst-council-meeting-certain-highlights · India is all set to embrace the new tax - Goods and Services Tax (GST) from 1st of July, 2017. The GST Council consisting of Finance Ministers of all the Indian States along with the Union Finance Minister, held its 17th meeting on 18-6-2017 to finalise certain Rules and proposals.
RERA - Operative provisions notified · 2017-06-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/rera-operative-provisions-notified · RERA is a legislation that has been formulated with a view to (i) protect the interest of the allottees by promoting transparency, accountability and efficiency in the construction and execution of real estate projects by promoters and (ii) establishing uniformity, standardization of business practices and transactions in the real estate sector.
Pendency of winding up petition when not bars initiation of corporate insolvency process · 2017-06-08 · Insolvency · https://www.lkslaw.com/insights/news/pendency-of-winding-up-petition-when-not-bars-initiation-of-corporate-insolvency-process · If a notice for winding-up is served to the corporate debtor/respondent company or if the application for winding-up is pending before the High Court and no order has been passed as on date: an application under Insolvency Bankruptcy Code, 2016 (IBC) can be filed with the National Company Law Tribunal (NCLT) without any leave from the High Court.
Corporate insolvency proceedings can be initiated for dishonour of post-dated cheques · 2017-06-08 · Insolvency · https://www.lkslaw.com/insights/news/corporate-insolvency-proceedings-can-be-initiated-for-dishonour-of-post-dated-cheques · Issuance of post-dated cheques to any person will amount to acknowledgement of legally enforceable liability;
Corporate Insolvency Resolution Process – NCLT clarifies scope of ‘operational debt’ · 2017-06-08 · Insolvency · https://www.lkslaw.com/insights/news/corporate-insolvency-resolution-process-nclt-clarifies-scope-of-operational-debt · The National Company Law Tribunal (NCLT) has passed an order on dated 31-3-2017 interpreting the definitions of ‘operational creditor’ and ‘operational debt’ under the Insolvency and Bankruptcy Code, 2016 (Code).
Reimbursement of salary not FTS under India-UK DTAA · 2017-05-30 · Direct Tax · https://www.lkslaw.com/insights/news/reimbursement-of-salary-not-fts-under-india-uk-dtaa · The assessee paid a sum towards salary expenditure to employees deputed for providing assistance in management, setting up of business and so on.
Draft ICDS in respect of real-estate transaction · 2017-05-30 · Direct Tax · https://www.lkslaw.com/insights/news/draft-icds-in-respect-of-real-estate-transaction · In exercise of powers conferred in section 145(2) of Income-tax Act, 1961, Central Government had notified Income Computation and Disclosure Standards (‘ICDS’) vide Notification No. 87/2016 dated 29th September 2016.
Trademark infringement – Similarity of marks to be considered first · 2017-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-infringement-similarity-of-marks-to-be-considered-first · Observing that the marks FERANTA and INTAS’ FERINTAS are sufficiently distinguishable and does not satisfy Section 29(2)(b) of the Trade Marks Act, a Single Judge of the Bombay High Court has refused to grant an interim injunction in favour of the Plaintiffs in a trademark infringement and passing off suit.
Patents – Correction under Section 78 · 2017-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-correction-under-section-78 · Delhi High Court has set aside the ‘deemed to be withdrawn’ status of a patent application and restored the Indian National Phase application.
Vacation of interim injunction on basis of non-binding undertaking, not correct · 2017-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/vacation-of-interim-injunction-on-basis-of-non-binding-undertaking-not-correct · A Division Bench of the Delhi High Court on 12 April 2017 has set aside the decision of the Single Judge Bench wherein the latter had vacated the earlier ex-parte interim injunction granted in favour of the Plaintiffs in a designs infringement case.
Trademarks – German origin word which is not indicative of business, is not generic · 2017-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-german-origin-word-which-is-not-indicative-of-business-is-not-generic · Taking note of the fact that plaintiff had acquired a distinctive reputation and goodwill of its own under the trade names “ASIAN HAUS” and “SUSHI HAUS” for its food delivery outlets, Delhi High Court has restrained the defendants by an interim injunction from using the name “HAUS” for latter’s food delivery outlets in the name of “Curry Haus”.
Valuation – Rejection of value when not sustainable · 2017-05-25 · Customs · https://www.lkslaw.com/insights/news/valuation-rejection-of-value-when-not-sustainable · Finding the reasons such as the importer had used the name of another firm to avoid sales tax, imports were made from trader and not from manufacturer, and the value declared was even less than the value of steel scrap, as not relatable to value of goods, CESTAT Delhi has allowed the appeal of the importer.
Manufacture – Cutting of old tyres to produce pieces is not manufacture · 2017-05-25 · Direct Tax · https://www.lkslaw.com/insights/news/manufacture-cutting-of-old-tyres-to-produce-pieces-is-not-manufacture · Larger Bench of the Delhi High Court has answered in negative the question as to whether the process to which used and old tyres are subjected to produce two or more pieces of cut tyres is ‘manufacture’ within the meaning of Section 2(f) of the Central Excise Act, 1944.
GST rates and 7 Rules approved by GST Council · 2017-05-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-rates-and-7-rules-approved-by-gst-council · Schedule containing rates of GST for both goods and services and the revised draft of 7 procedural GST Rules have been placed by the CBEC in public domain.
ITC on goods used in construction of silos, available · 2017-05-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/itc-on-goods-used-in-construction-of-silos-available · Allahabad High Court has upheld the view of the Tribunal that input tax credit on MS Sheets utilized for construction of silo is available.
Existence of “dispute” in terms of Insolvency Code bars initiation of insolvency process · 2017-05-16 · Insolvency · https://www.lkslaw.com/insights/news/existence-of-dispute-in-terms-of-insolvency-code-bars-initiation-of-insolvency-process · The definition of the word “dispute” is not exhaustive but illustrative. A corporate debtor has the right to reject a demand on any sustainable ground other than showing a pending suit, arbitration proceeding or the breach of representation or warranty. The sustainability of such grounds shall depen
Design – Each component of design need not be tested for originality and novelty · 2017-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/design-each-component-of-design-need-not-be-tested-for-originality-and-novelty · The plaintiff, a manufacturer of plastic insulated products claimed infringement of the registered design of its water bottle ‘PURO’ with a two-tone colour scheme, flip top and unique surface pattern and that the ‘Kudoz’ bottles sold by the defendant would mislead the public into thinking they were products of the plaintiff.
Production bible of TV show without novel elements is not a copyrightable work · 2017-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/production-bible-of-tv-show-without-novel-elements-is-not-a-copyrightable-work · The plaintiff claimed that its copyright in the format/elements of a reality show to identify children with acting talent was infringed by the defendant who had also produced a show aimed at identifying talented children.
Merger control exemptions - Expansion of scope · 2017-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/merger-control-exemptions-expansion-of-scope · The Ministry of Corporate Affairs, vide Notification dated March 27, 2017 (2017 Notification), has expanded the scope of combinations under Section 5 and Section 6 of Competition Act 2002 (Act) which are eligible for an exemption from seeking approval of Competition Commission of India (CCI) based on certain de-minimis thresholds, for a period of five years.
Listing date crucial in determining exemption from open offer obligations · 2017-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/listing-date-crucial-in-determining-exemption-from-open-offer-obligations · It is irrelevant whether the same promoters were holding the same shares for over a long period either in the target company or in the parent company or both, prior to listing the target company.
FEMA violation not a valid defence against enforcement of foreign arbitral award · 2017-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/fema-violation-not-a-valid-defence-against-enforcement-of-foreign-arbitral-award · A petition was filed before the High Court of Delhi, by the Petitioner in the instant case, Cruz City 1 Mauritius Holdings (Cruz City), a company incorporated under the laws of Mauritius, to enforce an arbitral award rendered under the London Court of International Arbitration Rules (Award), with respect to a dispute arising under a ‘Keepwell Agreement’ dated 06.06.2008
Use of a descriptive of services as trademark eligible for IP protection · 2017-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/use-of-a-descriptive-of-services-as-trademark-eligible-for-ip-protection · The plaintiff was the proprietor of the registered label marks comprising the word “Darzi” and was using the same for providing tailoring services. The defendants on the other hand were using the mark “Darzi on call” also for tailoring services.
GST Bills get President’s assent · 2017-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-bills-get-presidents-assent · President of India has granted his assent to the 4 GST Bills - Central Goods and Services Tax Bill (CGST Bill), Integrated GST Bill, UT GST Bill and the GST Compensation Bill, on 12th of April, 2017.
GST Bills introduced in Indian Parliament · 2017-03-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-bills-introduced-in-indian-parliament · Central Goods and Services Tax Bill (CGST Bill), Integrated Goods and Services Tax Bill (IGST Bill), Union Territory Goods and Services Tax Bill and Goods and Services Tax (Compensation to States) Bill, 2017 have been introduced in the Lok Sabha (lower house of the Indian Parliament) yesterday (27 March, 2017).
Voice Tab classifiable as telephone · 2017-03-21 · Customs · https://www.lkslaw.com/insights/news/voice-tab-classifiable-as-telephone · The issue for consideration was whether a Voice Tab named by the assessee as ‘HP Slate 6” Voice Tab’ is classifiable under CTH 8471 as an automatic data processing machine or under CTH 8517 as telephone for cellular network.
Franchise service - Whether right conferred is a representational right, to be established · 2017-03-21 · Direct Tax · https://www.lkslaw.com/insights/news/franchise-service-whether-right-conferred-is-a-representational-right-to-be-established · Delhi High Court has held that merely because by an agreement, a right is conferred on a party to sell or manufacture goods or provide services or undertake a process, it would not ipso facto bring the agreement within the ambit of a franchise.
Bolar exemption permits exports of patented invention · 2017-03-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/bolar-exemption-permits-exports-of-patented-invention · By Judgment & order dated March 08, 2017, a Single Judge of the Delhi High Court interpreted the exemption to infringement under Section 107A of the Patents Act, 1970 (Act) to hold that said exemption permits exports from India of a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India or in a country other than India, that regulates the manufacture, construction, use, sale or import of
Goods used in process of service are integral to execution of service contract · 2017-03-21 · Direct Tax · https://www.lkslaw.com/insights/news/goods-used-in-process-of-service-are-integral-to-execution-of-service-contract · The issue before the Division Bench of the Delhi High Court was whether chemicals/ solvents used in the process of cleaning amounts to transfer of property in goods between the contractor and the contractee and thus exigible to tax.
‘Manufacture’ under Central Excise law · 2017-03-21 · Direct Tax · https://www.lkslaw.com/insights/news/manufacture-under-central-excise-law · Customs, Excise and Service Tax Appellate Tribunal (CESTAT) recently delivered few decisions on one of the oldest questions in Central Excise law – whether a process amounts to ‘manufacture’.
The Trademark & Corporate name conundrum · 2017-03-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/the-trademark-and-corporate-name-conundrum · Before the Full Bench of High Court of Bombay, in the case of Cipla Limited v. M/s Cipla Industries Pvt. Ltd.
Development Authority is not “local authority” – Income not exempt · 2017-03-09 · Direct Tax · https://www.lkslaw.com/insights/news/development-authority-is-not-local-authority-income-not-exempt · In a recent judgment, Delhi High Court has held that bi-annual or annual payments, being capital payments for a limited/specific period towards acquisition of lease hold rights, are not subject to TDS.
Voluntary liquidation process - Draft Regulations issued · 2017-03-07 · Insolvency · https://www.lkslaw.com/insights/news/voluntary-liquidation-process-draft-regulations-issued · On February 14, 2017, the Insolvency and Bankruptcy Board of India (IBBI) has published draft Regulations applicable to the voluntary liquidation of corporate persons under Part II of the Insolvency and Bankruptcy Code, 2016 (IBC).
Integrated Reporting by listed entities · 2017-03-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/integrated-reporting-by-listed-entities · Currently, SEBI mandates the top 500 listed entities in India (based on market capitalization calculated as on March 31 of every financial year) to prepare a business responsibility report describing initiatives taken from an environmental, social and governance perspective (in accordance with Regulation 34(2)(f) of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015).
Breach of promise of ‘assured returns’ when not Financial Debt · 2017-03-07 · Insolvency · https://www.lkslaw.com/insights/news/breach-of-promise-of-assured-returns-when-not-financial-debt · A forward contract to sell product at the end of a specified period - such as a contract for sale/purchase of property will be treated as a contract for sale of specified goods.
BAS – Liability on expenses incurred for joint operation of centre · 2017-02-21 · Direct Tax · https://www.lkslaw.com/insights/news/basliability-on-expenses-incurred-for-joint-operation-of-centre · In a dispute where the assessee was managing and maintaining various facilities at the premises of IHC and receiving amounts towards expenses incurred for operation of the centre, CESTAT Delhi has rejected the contention of liability under Business Auxiliary Services.
Appeal to High Court in a Commercial dispute – Delhi HC clarifies on appealable orders · 2017-02-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/appeal-to-high-court-in-a-commercial-disputedelhi-hc-clarifies-on-appealable-orders · A two-judge bench of the Hon’ble Delhi High Court, in HPL (I) Ltd. v. QRG Enterprises [FAO (OS) (COMM) No. 12/2017], has recently issued a ruling limiting the types of orders from which an appeal is permitted for a Commercial Dispute governed by the recently enacted Commercial Courts, Commercial Div
Bringing rig into India for repairs is not import for home consumption · 2017-02-21 · Customs · https://www.lkslaw.com/insights/news/bringing-rig-into-india-for-repairs-is-not-import-for-home-consumption · Noting that the adjudication order did not record that the rig was in operation within the territorial waters of India, or that the rig did not operate outside the territorial waters of India, Supreme Court has set aside the demand of duty on said rig, brought in India for the purpose of repairs and subsequently sent out.
Filling gases in cylinders from tanker and mixing of gases is not manufacture · 2017-02-21 · Direct Tax · https://www.lkslaw.com/insights/news/filling-gases-in-cylinders-from-tanker-and-mixing-of-gases-is-not-manufacture · Taking note of the CESTAT decision in the case of Ammonia Supply Company which has attained finality, and department’s Circular dated 8-10-1997, the Supreme Court of India has in the case of Vadilal Gases Ltd.
Phonetically and deceptively similar Trademarks prohibited in pharmaceuticals · 2017-02-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/phonetically-and-deceptively-similar-trademarks-prohibited-in-pharmaceuticals · Plaintiff, Intas Pharmaceuticals Ltd, is a registered user of trademark “GABAPIN”. “GABAPIN”, in 1997, was adopted for marketing its medicinal product containing a chemical compound known as “Gabapentine”.
Can non-working of a patent in India affect an interim injunction order · 2017-02-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/can-non-working-of-a-patent-in-india-affect-an-interim-injunction-order · Plaintiff, Bayer Intellectual Property GmBH, is a company incorporated under the laws of Germany. The plaintiff is the owner of patents IN 225529 and IN 188419 that relate to drugs VARDENAFIL and VARDENAFIL HYDROCHLORIDE respectively.
Form of participation in another enterprise to be satisfied to deem two entities as AEs · 2017-01-25 · Direct Tax · https://www.lkslaw.com/insights/news/form-of-participation-in-another-enterprise-to-be-satisfied-to-deem-two-entities-as-aes · The assessee is engaged in the business of manufacture and sale of polished diamonds. The assessee entered into an international transaction with a Belgian Entity by name Blue Gems BVBA.
Setoff of unabsorbed depreciation – ‘year’ mentioned in s.72A not means previous year · 2017-01-25 · Direct Tax · https://www.lkslaw.com/insights/news/setoff-of-unabsorbed-depreciation-year-mentioned-in-s72a-not-means-previous-year · The assessee (amalgamated Company) amalgamated with a Company by name SKUPL (amalgamating Company) as per the order of the Calcutta High Court in 2004.
Trademarks – Delhi HC grants interim injunction for use of mark ‘Aqua’ for mobile phones · 2017-01-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarksdelhi-hc-grants-interim-injunction-for-use-of-mark-aqua-for-mobile-phones · A Single Judge of the High Court of Delhi on 24-12-2016 has granted interim injunction in favour of the plaintiff observing that they had established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’ in relation to mobile phones.
Trademarks - Permitted user cannot institute an infringement suit · 2017-01-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-permitted-user-cannot-institute-an-infringement-suit · A Division Bench of the Delhi High Court on 4-1-2017 has set aside the decision of the Single Judge and returned the plaint on the grounds that the Plaintiff No.
Copyright infringement – Liability of an online intermediary · 2017-01-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-infringementliability-of-an-online-intermediary · A Division Bench of the Delhi High Court on 23-12-2016 has reversed a decision of the Single Judge on the issue of liability of an intermediary in copyright infringement.
UK moves on with Intellectual Property (Unjustified Threats) Bill · 2017-01-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/uk-moves-on-with-intellectual-property-unjustified-threats-bill · The Intellectual Property (Unjustified Threats) Bill introduced in May 2016, passed the stage of Second Reading earlier this month.
Central Excise & Customs Tariffs amended from 1-1-2017 · 2017-01-17 · Customs · https://www.lkslaw.com/insights/news/central-excise-and-customs-tariffs-amended-from-1-1-2017 · Both Central Excise Tariff Act, 1985 and Customs Tariff Act, 1975 have been amended with effect from 1-1-2017.
Companies (Transfer of Pending Proceedings) Rules, 2016 notified · 2017-01-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/companies-transfer-of-pending-proceedings-rules-2016-notified · The National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal were established in June 2016 to adjudicate upon company law matters in India.
Foreign award cannot be enforced in absence of arbitration agreement · 2017-01-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/foreign-award-cannot-be-enforced-in-absence-of-arbitration-agreement · The present case was filed before the High Court of Delhi with regard to the enforcement of an arbitral award. The case dealt with two companies involved in the sale of palm oil that were at a preliminary stage of negotiations.
Insolvency and Bankruptcy Regulations notified · 2017-01-06 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-and-bankruptcy-regulations-notified · The Insolvency and Bankruptcy Board of India (IBBI) has notified Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 and Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
Central legislation shall have precedence over State legislation – Supreme Court rulings on SARFAESI Act · 2017-01-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/central-legislation-shall-have-precedence-over-state-legislation-supreme-court-rulings-on-sarfaesi-act · The Supreme Court of India has held that provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) shall have precedence over State legislation.
Trademark – No confusion even if marks have equal number of letters, begin and end with same letters · 2016-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-no-confusion-even-if-marks-have-equal-number-of-letters-begin-and-end-with-same-letters · Bombay High Court on 21-11-2016 has denied interim injunction in favour of the plaintiffs in a trademark infringement and passing off suit in a dispute in respect of the registered trade mark of the Plaintiff “ESBEDA” which was used in respect of designer leather products such as handbags, luggage, purses and wallets.
Design infringement – minor variations are not sufficient defence · 2016-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/design-infringement-minor-variations-are-not-sufficient-defence · Bombay High Court has, in a case of design infringement and passing off, granted an interim injunction order in favour of the plaintiffs. The case pertained to a design registration on copper tubes obtained by the plaintiffs, which the defendants, who were previously associated with the Plaintiffs, were allegedly infringing.
Qualitative or Quantitative tests not relevant to determine fair use · 2016-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/qualitative-or-quantitative-tests-not-relevant-to-determine-fair-use · In the decision dated 16-9-2016, a Single Judge Bench of Delhi High Court had held that reproduction of any copyrighted work by the teacher for the purpose of imparting instruction to the pupil as prescribed in the syllabus during the academic year would be fair use within the meaning of Section 52(1)(i) of the Copyright Act and hence would not amount to infringement.
No liability on bank to pay purchase tax for accepting EXIM Scrips · 2016-12-15 · Customs · https://www.lkslaw.com/insights/news/no-liability-on-bank-to-pay-purchase-tax-for-accepting-exim-scrips · The Supreme Court of India has held that State Bank of India is not liable to pay purchase tax for accepting Exim Scrips (Export Import License) or Replenishment licenses on payment of premium.
Arbitration proceedings commencing outside India – Applicability of new provisions · 2016-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-proceedings-commencing-outside-india-applicability-of-provisions-amended-from-2015 · Delhi High Court has held that Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (which states that Amendment Act is not to apply to pending arbitral proceedings) not bars applicability of the said Act to proceedings which commenced outside India.
Insolvency and Bankruptcy – Recent changes · 2016-12-09 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-and-bankruptcy-regime-recent-changes · With the notification of the Insolvency and Bankruptcy Code, 2016, on May 28, 2016, matters pertaining to the reorganisation and insolvency resolution of corporate persons, partnership firms and individuals would now be regulated by a specialized regulatory body, i.e. the Insolvency and Bankruptcy Board of India (IBBI).
FDI in pension sector - Foreign Exchange Management Provisions, amended · 2016-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/fdi-in-pension-sector-foreign-exchange-management-provisions-amended · Pursuant to an amendment to the Consolidated Foreign Direct Investment Policy in June 2016, the Reserve Bank of India, by its Notification dated November 04, 2016, has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 as applicable to the pension sector in India.
Foreign investments and enforcement of corporate guarantee · 2016-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/foreign-investments-and-enforcement-of-corporate-guarantee · Earlier last year, on May 5, 2015, the Bombay High Court, in its ruling in IDBI Trusteeship Services Limited (Plaintiff) v. Hubtown Limited (Defendant), dealt with the legalities of a foreign investment structure that involved compulsory convertible debentures (CCDs)
Equity shares to non-resident entity against pre-incorporation expenses · 2016-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/equity-shares-to-non-resident-entity-against-pre-incorporation-expenses · The Reserve Bank of India (‘RBI’) by its Notification dated October 24, 2016, has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (‘Regulations’).
‘Trust Deed’ just like ‘Will’ is not an arbitration agreement · 2016-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/trust-deed-just-like-will-is-not-an-arbitration-agreement · Supreme Court of India on 17-8-2016 has held that ‘Trust Deed’, which provides for resolving the disputes arising between the beneficiaries of the Trust through arbitration, does not constitutes an ‘agreement’ much less an “arbitration agreement” within the meaning of Section 2(b) and 2(h) read with Section 7 of the Arbitration and Conciliation Act, 1996.
Conversion of shares and increase of authorized share capital, when illegal · 2016-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/conversion-of-shares-and-increase-of-authorized-share-capital-when-illegal · In the present petition before the Supreme Court, the contention of the respondents (“Sanwalka Group”) was that the company had come under the control of the appellants (“Gupta Group”) by various actions and omissions.
Foreign Direct Investment (FDI) in Non-banking Finance Companies · 2016-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/foreign-direct-investment-fdi-in-non-banking-finance-companies · The Reserve Bank of India by its Notification dated September 9, 2016, amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000.
New All Industry Rates of Drawback notified · 2016-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/new-all-industry-rates-of-drawback · Indian Ministry of Finance has revised the All Industry Rates (AIR) of Drawback, payable to the exporters by the Revenue department to neutralize various duties suffered by the former in respect of goods exported.
AEOs allowed to pay Customs duties on fortnightly basis · 2016-11-04 · Customs · https://www.lkslaw.com/insights/news/aeos-allowed-to-pay-customs-duties-on-fortnightly-basis · Customs duties payable on import of goods in India can now be paid on fortnightly basis by specified Authorised Economic Operators - importers.
New All Industry Rates of Drawback notified · 2016-11-04 · Customs · https://www.lkslaw.com/insights/news/new-all-industry-rates-of-drawback-notified · Central Board of Excise and Customs (CBEC) has notified new All Industry Rates (AIR) of Duty Drawback which are effective from 23-11-2015, i.e. will be applicable on exports made from 23rd of November 2015.
Arbitration – Scope of enquiry under Section 45 to not include enquiry of legality and validity of substantive contract · 2016-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-scope-of-enquiry-under-section-45-to-not-include-enquiry-of-legality-and-validity-of-substantive-contract · The Hon’ble Supreme Court of India in its case of Sasan Power Limited v. North American Coal Corporation India Private Limited on 24 -8-2016 has held that the scope of enquiry under Section 45 of the Arbitration and Conciliation Act, 1996, is confined only to the question – whether the arbitration agreement is “null and void, inoperative or incapable of being performed” and not on the legality and validity of the substantive contract.
Companies (Mediation and Conciliation) Rules, 2016 notified · 2016-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/companies-mediation-and-conciliation-rules-2016-notified · The Ministry of Corporate Affairs vide its Notification dated 9 September, 2016 has notified the Companies (Mediation and Conciliation) Rules, 2016 (“Rules”).
Recovery of arrears when a company is no longer a ‘sick’ company · 2016-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/recovery-of-arrears-when-a-company-is-no-longer-a-sick-company · The Hon’ble Supreme Court of India, recently pronounced a judgement on a very interesting issue regarding recovery of arrears when a company is no longer a ‘sick’ company.
Trademarks – Not every domain name entitled to trademark protection · 2016-10-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-not-every-domain-name-entitled-to-trademark-protection · Bombay High Court has refused to grant an interim injunction in a suit for trademark infringement and passing off in favour of the plaintiff, who is the registered proprietor of the mark and domain name “shaadi.com”.
Copyright of author in a song and sound recording, prior to 2012 amendment · 2016-10-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/harmonising-the-copyright-of-author-in-a-song-and-sound-recording-prior-to-the-2012-amendment · The Supreme Court on 20-9-2016 has held that prior to the amendment in 2012, to the Copyright Act, 1957 the author of copyright in a work (song) could not claim royalty for further exploitation of derivative work (sound recording).
Copyrights – Photocopying of portion of book when is not infringement · 2016-10-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyrights-photocopying-of-portion-of-a-book-for-distribution-to-students-as-part-of-course-material-is-not-infringement · Delhi High Court on 16-9-2016 has held that action of the University (defendant) of making a master photocopy of the relevant portions of the books purchased by it and keeping in its library, making further photocopies out of the said master copy and distributing the same to the students does not constitute infringement of copyright in the said books.
Trademarks – Opposition or non-grant of trademark registration immaterial in case of passing off · 2016-10-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-opposition-or-non-grant-of-trademark-registration-immaterial-in-case-of-passing-off · Delhi High Court on 16-9-2016 has made absolute the interim injunction granted by it to restrain the defendant from copyright infringement in the trade label along with a device and for passing off its trademark with device of “Taj Mahal” used on the rice.
Testing whether a transaction is sale or service · 2016-09-29 · Direct Tax · https://www.lkslaw.com/insights/news/testing-whether-a-transaction-is-sale-or-service · The High Court of Bombay in [Mahyco Monsanto Biotech (India) P Ltd v. UOI, 2016 (44) S.T.R 161 (Bom.)] examined whether the transaction undertaken by the petitioners would be exigible to service tax or to VAT where the petitioners were involved in different transactions though both urged that their transaction was a service and not a sale.
Withdrawal of public offer when not possible · 2016-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/withdrawal-of-public-offer-when-not-possible · Consequent to the open offer made by the acquirers, intending to acquire 75% equity share of the target company, the target company informed SEBI of it being registered with BIFR and stating that it was a sick company.
Trademarks – No case of passing off in use of word ‘Privee’ · 2016-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-no-case-of-passing-off-in-use-of-word-privee · The High Court of Delhi on 8-8-2016 has dismissed the suit for permanent injunction to restrain the defendant from using trademark “PRIVEE” or any other trademark or logo / device which is identical or deceptively similar to the plaintiffs’ trademark “MBD PRIVE” and “PRIVE” or which incorporates the word “PRIVE”.
Restoration of name of company with Registrar of Companies · 2016-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/restoration-of-name-of-company-with-registrar-of-companies · The name of the petitioner company was struck off from the register of companies. The petitioner in this regard alleged that due procedure has not been followed by the Registrar inasmuch as no notices/ letters were received by the petitioner and no hearing was afforded to them, as mandated under Section 560 of Companies Act, 1956.
Environmental clearance - Requirement of public consultation, mandatory · 2016-09-14 · Sustainability · https://www.lkslaw.com/insights/news/environmental-clearance-requirement-of-public-consultation-mandatory · An appeal was brought before the Supreme Court challenging the order passed by the High Court which had set aside the environmental clearance granted to the appellant in the year 2010 (“EC”) for expansion of its steel plant on the ground that the said EC was granted relying on the public consultation carried out earlier in the year 2007; and that no fresh public consultation had been done for the latest expansion of the steel plant of the appellant.
Websites containing pirated/illegal content to be blocked, and not URLs alone · 2016-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/websites-containing-pirated-illegal-content-to-be-blocked-and-not-urls-alone · The Division Bench of the Delhi High Court has allowed the review petition and recalled its order dated March 10, 2016 which restricted the span of the ex-parte ad-interim injunction by directing that the specific URL should be blocked.
Trademarks in domain name – Bonafide adoption of corporate name as domain name, correct · 2016-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-in-domain-name-bonafide-adoption-of-corporate-name-as-domain-name-correct · In a suit alleging trademark infringement, dishonest adoption and passing off, where the cause of action arose out of use of a domain name, the Bombay High Court on 20-7-2016 has held that every domain name cannot form subject of trade-mark protection.
Stay of Proceedings where validity of registration of trade mark questioned · 2016-09-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/stay-of-proceedings-where-validity-of-registration-of-trade-mark-questioned · In the matter of FAO (OS) No. 717/2010 involving Times Publishing House LTD and Financial Times Ltd & Ors., a Divisional Bench (DB) of the High Court of Delhi, on 29 August 2016, sustained the order of the Single Judge dismissing the application under Section 124 of the Trade Marks Act, 1999 made by Times Publishing House Ltd (Times, hereinafter).
Companies (Share Capital and Debentures) Rules, 2014 amended · 2016-09-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/companies-share-capital-and-debentures-rules-2014-amended · The Ministry of Corporate Affairs (“MCA”) has, by way of Notification dated 19-7-2016 amended the Companies (Share Capital and Debenture) Rules, 2014 (“Capital and Debenture Rules”).
Provisional assessment – India relaxes Customs regime · 2016-08-24 · Customs · https://www.lkslaw.com/insights/news/provisional-assessment-india-relaxes-customs-regime · Central Board of Excise and Customs (CBEC) under the Indian Ministry of Finance has simplified the procedure for provisional assessment in case of import of goods, as provided in Section 18 of the Customs Act, 1962.
Revised Excise Returns – Provisions in force from 17-8-2016 · 2016-08-19 · Direct Tax · https://www.lkslaw.com/insights/news/revised-excise-returns-provisions-in-force-from-17-8-2016 · Central Board of Excise and Customs (CBEC) has notified the effective date for operation of provisions regarding filing of specified revised returns under Central Excise Rules, 2002.
Setoff under VAT when sales also made to exempted units · 2016-08-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/setoff-under-vat-when-sales-also-made-to-exempted-units · Allahabad High Court has held that Section 4-BB of the Uttar Pradesh Trade Tax Act, 1948 (UPTT Act), which provides for set-off of tax, did not make any distinction between sales made to exempted units and taxable sales, i.e. set-off is not restricted to only those sales upon which tax was levied or collected.
Special Advance Authorisation Scheme for export of apparels, introduced · 2016-08-19 · Customs · https://www.lkslaw.com/insights/news/special-advance-authorisation-scheme-for-export-of-apparels-introduced · Special Advance Authorisation Scheme for promotion of export of apparel articles and clothing accessories of Chapter 61 or 62 of ITC (HS) has been introduced. Notification No. 21/2015-20, dated 11-8-2016 issued by Directorate General of Foreign Trade (DGFT) in the Indian Ministry of Commerce, inserts Para 4.04A in the Foreign Trade Policy 2015-20, with effect from 1-9-2016.
Exemptions – Obligations after recession of notification · 2016-07-29 · Direct Tax · https://www.lkslaw.com/insights/news/exemptions-obligations-after-recession-of-notification · Recently two different High Courts in India have, in separate decisions, considered the question of continuation of obligations, under the exemption notifications, after the said notification has been rescinded.
Cenvat credit not to be denied for technical lapse · 2016-07-29 · Direct Tax · https://www.lkslaw.com/insights/news/cenvat-credit-not-to-be-denied-for-technical-lapse · In line with the spirit of upcoming GST law, Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has reiterated that Cenvat credit is not to be denied on technical ground. It has also been held that lack of vehicle number on the invoice is not relevant.
Refund – Limitation when amount deposited on audit objection · 2016-07-28 · Customs · https://www.lkslaw.com/insights/news/refund-limitation-when-amount-deposited-on-audit-objection · The assessee had deposited a sum as service tax with department on audit objection raised. Subsequently, show cause notice was issued demanding payment of service tax along with interest which included the amount deposited at audit objection stage.
Uniform price does not prove charging of tax from buyers · 2016-07-28 · Direct Tax · https://www.lkslaw.com/insights/news/uniform-price-does-not-prove-charging-of-tax-from-buyers · Supreme Court has held that uniform pricing cannot be a ground to hold that the assessee was charging sales tax on the sale price of goods manufactured in the exempt unit.
IBBI (Insolvency Resolution Process for Corporate Persons) Regulations amended · 2016-07-06 · Insolvency · https://www.lkslaw.com/insights/news/ibbi-insolvency-resolution-process-for-corporate-persons-regulations-amended · The IBC has undergone multiple amendments, since its inception in 2016.
GST Model Law in India – Credit mechanism specified · 2016-06-15 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-model-law-in-india-credit-mechanism-specified · Model Goods & Services Tax Act has been released by the Indian Finance Ministry on 14th of June. The Model Law amongst other details also provides mechanism for taking Input Tax Credit (ITC) in respect of defined inputs, capital goods and input services.
GST in India – ‘Supply’ defined · 2016-06-15 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-in-india-supply-defined · The taxable event for levy of Goods and Services Tax (GST) is ‘supply’ and hence Section 3 of the Model GST Act, released by the Finance Ministry yesterday (14th June 2016), covers the meaning and scope of ‘supply’.
India prepares for GST – Model Act released · 2016-06-15 · (no practice area listed) · https://www.lkslaw.com/insights/news/india-prepares-for-gst-model-act-released · The Model Goods & Services Tax (GST) Act as prepared by the Empowered Committee has been released by the Indian Ministry of Finance on 14th of June.
Guidelines for public issue of units of Infrastructure Investment Trusts · 2016-06-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/guidelines-for-public-issue-of-units-of-infrastructure-investment-trusts · The SEBI (Infrastructure Investment Trusts) Regulations, 2014 introduced the concept of Infrastructure Investment Trusts (‘InvITs’).
‘Due diligence’ means doing everything reasonable, not everything possible · 2016-06-02 · Tax Compliance Review · https://www.lkslaw.com/insights/news/due-diligence-means-doing-everything-reasonable-not-everything-possible · The Securities Appellate Tribunal on 13-5-2016, has held that even though a merchant banker has to employ its own independent due diligence, in practice, it operates with a limitation that its due diligence is based on the material brought before it by the Issuer Company.
Action under Negotiable Instruments Act when not affected by winding up process · 2016-06-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/action-under-negotiable-instruments-act-when-not-affected-by-winding-up-process · The Division Bench of the Bombay High Court on 6-5-2016 has held that expression ‘suit or other proceedings’ in Section 446(1) under Chapter II of Part VII of Companies Act, 1956, does not include criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881.
Insolvency and Bankruptcy Code passed by Indian Parliament · 2016-06-02 · Insolvency · https://www.lkslaw.com/insights/news/insolvency-and-bankruptcy-code-passed-by-indian-parliament · The Indian Parliament has passed the major economic reform Bill moved by the Government i.e. the Insolvency and Bankruptcy Code, 2016 (‘Code’).
Patent (Amendment) Rules, 2016 · 2016-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-amendment-rules-2016 · On May 16, 2016, India brought in various changes to the Patent Rules, 2003 making it more aligned with use of technology like mandatory e-submission of documents and hearing through video-conferencing besides changes in procedure and providing for expedited examination and so on.
Trademark – Non-receipt of consideration for assignment not relevant when same registered · 2016-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-non-receipt-of-consideration-for-assignment-not-relevant-when-same-registered · The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him.
National IPR Policy announced · 2016-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/national-ipr-policy-announced · The Ministry of Commerce and Industry of the Government of India released the much awaited National IPR Policy (“the Policy”) on May 13, 2016, with a vision to transform India as a knowledge economy. Under the tag line “Creative India; Innovative India,” the Policy hopes to catalyse the innovation ecosystem towards India’s economic growth and socio-cultural development.
Lease equalisation levy is not consideration and not liable to Service tax · 2016-05-19 · Direct Tax · https://www.lkslaw.com/insights/news/lease-equalisation-levy-is-not-consideration-and-not-liable-to-service-tax · To qualify as ‘gross amount charged’ there must be a payment and it must be in the nature of a consideration for a service.
Exemption for supply to R&D establishment · 2016-05-19 · Direct Tax · https://www.lkslaw.com/insights/news/exemption-for-supply-to-r-d-establishment · CESTAT Mumbai has allowed benefit of Notification No. 10/97-C.E. to air-conditioning and refrigeration equipment supplied to Research & Development Organisations namely, Vehicle Research & Development Establishment, and the Electronic & Radar Development Establishment, when the AC system were specially designed and modified, by the said customers, for use in specialized mobile operation theatres for use by the Indian Army in the field.
Arbitration of copyright issues, permissible · 2016-05-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-of-copyright-issues-permissible · Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same.
India-Mauritius Double Taxation Avoidance Convention re-cast · 2016-05-17 · Direct Tax · https://www.lkslaw.com/insights/news/india-mauritius-double-taxation-avoidance-convention-re-cast · As per Procotol signed on 10-5-2016, India and Mauritius have agreed to certain amendments in the ‘Agreement for avoidance of double taxation and prevention of fiscal evasion with Mauritius’ (DTAC) between the two countries.
DRI officers not empowered to issue notices for imports before 8-4-2011 · 2016-05-04 · Customs · https://www.lkslaw.com/insights/news/dri-officers-not-empowered-to-issue-notices-for-imports-before-8-4-2011 · The Delhi High Court has held that officers of Commissionerates of Customs (Preventive), Directorate General of Revenue Intelligence (‘DRI’), Directorate General of Central Excise Intelligence (DGCEI) and similarly placed officers, do not have jurisdiction to issue show cause notices under Section 28 of the Customs Act, 1962, in respect of imports made prior to 8-4-2011.
No patent to numbering device – IPO invokes Section 3(b) · 2016-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-patent-to-numbering-device-ipo-invokes-section-3b · Indian Patent Office at New Delhi has refused to grant patent in an application titled ‘Method and device for controlling the position of the numbering wheels of a numbering device’.
Copyright in sketches for dresses, not registered as design – ‘capable of being registered’ clarified · 2016-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-in-drawing-and-sketches-for-dresses-delhi-hc-clarifies · Delhi High Court has declined to grant injunction against infringement of copyright in drawings and sketches for dresses when the dresses were created more than 50 times using said design which was not registered under Designs Act.
Trademarks - Ex-parte ad-interim injunction possible only in case of distinctive mark · 2016-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-ex-parte-ad-interim-injunction-possible-only-in-case-of-inherently-distinctive-mark · Division Bench of the Delhi High Court has vacated the ex-parte ad-interim injunction granted by the Single Judge Bench against a major mobile and personal computer manufacturer, for use of words ‘Split View’.
Copyrights – Interim injunction cannot be granted on cursory material · 2016-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyrights-interim-injunction-cannot-be-granted-on-cursory-material · Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment.
Stamp duty on inter-state amalgamations – Court Order represents ‘instrument’ · 2016-04-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/stamp-duty-on-inter-state-amalgamations-court-order-represents-instrument · The full bench of the Bombay High Court has held that two orders of two different High Courts pertaining to the same scheme of amalgamation are independently different instruments, since the said orders of the High Courts are upon two different petitions by two different companies.
Nomination of director - Acceptance of deposits by Indian companies · 2016-04-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/nomination-of-director-acceptance-of-deposits-by-indian-companies · The Reserve Bank of India has clarified that keeping deposits with an Indian company by persons resident outside India in accordance with Section 160 of the Companies Act, 2013 is a current account (payment) transaction and, as such, does not require any approval from Reserve Bank.
CCI to observe principles of natural justice while disagreeing with DG report · 2016-04-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/cci-to-observe-principles-of-natural-justice-while-disagreeing-with-dg-report · Observing that Competition Commission of India (CCI) had, at no stage of the proceedings, after the receipt of investigation report, given any notice to the appellants indicating/incorporating the reasons for its disagreement with the findings/conclusions recorded by the Jt.
Penalty for violation of SEBI provisions – Absence of definitive stand of SEBI · 2016-04-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/penalty-for-violation-of-sebi-provisions-absence-of-definitive-stand-of-sebi · Observing that Securities and Exchange Board of India (SEBI) was not in a position to take a definite stand on the question as to whether violation of Section 12A(b)&(c) of the SEBI Act and violation of Regulation 3(c)&(d) of SEBI (Prevention of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 constitute one offence or two offences, the Securities Appellate Tribunal has set aside the Order of the SEBI.
‘Integrated Declaration’ under the Indian Customs Single Window project · 2016-04-15 · Customs · https://www.lkslaw.com/insights/news/integrated-declaration-under-the-indian-customs-single-window-project · In furtherance to the Indian Customs Single Window project, wherein online permissions are being obtained from various govt.
BSS not covers procurement on behalf of group companies under cost sharing arrangement · 2016-04-15 · Direct Tax · https://www.lkslaw.com/insights/news/bss-not-covers-procurement-on-behalf-of-group-companies-under-cost-sharing-arrangement · CESTAT, Mumbai has held that when services are procured for use by several group companies, Valuation Rules do not stipulate any condition as to one on one identification of service recipient and service provider in order to fall within the ambit of 'Pure Agent'.
Power to extend period for passing assessment order to be exercised within limitation period · 2016-04-15 · Direct Tax · https://www.lkslaw.com/insights/news/power-to-extend-period-for-passing-assessment-order-to-be-exercised-within-limitation-period · Supreme Court of India has held that when the normal period of limitation for passing assessment order by the Assessing Officer was three years, as per the provisions, the power to extend the period could be exercised within the said period of three years and not after the expiry of this limitation period.
Valuation – Cost of process carried out at job-worker’s premises after clearance · 2016-04-15 · Customs · https://www.lkslaw.com/insights/news/valuation-cost-of-process-carried-out-at-job-worker-premises-after-clearance · The Supreme Court has held that cost relating to bullet proofing of jeeps, undertaken outside the factory by job-workers after clearance of the not-yet bullet-proofed jeeps, is not to be included in the value of jeeps for the purpose of levy of Central Excise duty.
Country by Country Reporting (CbCR) · 2016-03-28 · Direct Tax · https://www.lkslaw.com/insights/news/country-by-country-reporting-cbcr · This reporting requirement has been brought in this budget in line with the recommendations of BEPS Action 13 and effective from April 1, 2016 (AY 2017-18).
Subsidies to reimburse cost incurred in manufacturing and selling products – Profits ‘derived’ from business · 2016-03-28 · Direct Tax · https://www.lkslaw.com/insights/news/subsidies-to-reimburse-cost-incurred-in-manufacturing-and-selling-products-profits-derived-from-business · Interpreting the term ‘profits derived from business’ the Supreme Court on 9-3-2016 held that as long as profits and gains emanate directly from the business itself, the fact that the immediate source of the subsidies is the Government would make no difference.
Foreign investment in Indian companies – Amendments · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/foreign-investment-in-indian-companies-amendments · The Reserve Bank of India (RBI) has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India)
Start-up India initiative - ‘Start-up’ defined · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/start-up-india-initiative-start-up-defined · The Department of Industrial Policy and Promotion (“DIPP”), in order to bring uniformity in the implementation of the “Start-up India” initiative, has identified certain enterprises to be considered as “start-ups”.
Continuance of MD who is over 70 years of age - Special Board resolution required · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/continuance-of-md-who-is-over-70-years-of-age-special-board-resolution-required · Noticing glaring differences in the data and results depicted by the two research reports, casting a serious doubt on their authenticity and neutrality, Competition Commission of India (CCI) on 10-2-2016 has held that fluctuating market share figures of the various players show that the competitive landscape in the relevant market is quite vibrant and dynamic. The dispute related to the market share of radio taxi aggregators in the relevant market of Delhi.
Competition law – Contradictory reports on market share show vibrant competition · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-law-contradictory-reports-on-market-share-show-vibrant-competition · Noticing glaring differences in the data and results depicted by the two research reports, casting a serious doubt on their authenticity and neutrality, Competition Commission of India (CCI) on 10-2-2016 has held that fluctuating market share figures of the various players show that the competitive landscape in the relevant market is quite vibrant and dynamic.
Rectification proceedings before IPAB without permission of Court trying infringement suit · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/rectification-proceedings-before-ipab-without-permission-of-court-trying-infringement-suit · Deliberating on the question as to whether prior permission of the Court is necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 for rectification of a registered trademark, during the pendency of a suit, the Larger Bench of the Delhi High Court on 5-2-2016
Limitation for restoration application to be construed strictly · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/limitation-for-restoration-application-to-be-construed-strictly · Stating that Section 60 is a self-contained code in the matter of prescribing the period for making an application for restoration with reasons and circumstances which led to the failure to pay the renewal fee and as such the Controller has no power to enlarge the period the Controller held the restoration application as ‘time barred’.
Trademarks – Sales invoice not enough proof of prior use · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-sales-invoice-not-enough-proof-of-prior-use · Intellectual Property Appellate Board (IPAB) has held that mere production of solitary document and that too a suspected one is not enough to establish by itself ‘prior use’ and adoption continuously for a substantial period.
Patents – Use of compound by way of particular dosage, not patentable · 2016-03-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-use-of-compound-by-way-of-particular-dosage-not-patentable · The Indian Patent Office at Kolkata has rejected the patent application of ‘Use of 2-6-(3-amino-piperidin-1-yl)-3-methyl-2,4-dioxo-3,4-dihydro-2H-pyrimidin-1-ylmethyl-4-fluoro-benzonitrile’ for treatment of diabetes.
Budget 2016 – Certain key changes in Customs law & procedures · 2016-03-03 · Customs · https://www.lkslaw.com/insights/news/budget-2016-certain-key-changes-in-customs-law-and-procedures · The Indian Finance Minister presented today (29th of February) the Finance Budget for the year 2016-17.
Order denying provisional release of seized goods appealable before Tribunal · 2016-01-29 · Customs · https://www.lkslaw.com/insights/news/order-denying-provisional-release-of-seized-goods-appealable-before-tribunal · Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority.
Start-ups – Government proposes radical changes in laws · 2016-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/start-ups-government-proposes-radical-changes-in-laws · With a view to stimulate the development of startups in India and to provide them with a competitive platform, the government of India has unveiled a three pronged plan which covers Simplification and Handholding; Funding Support Incentives; and having an Industry – Academia Partnership and Incubation.
Customs duty on electrical energy produced in SEZ and supplied in DTA · 2016-01-29 · Customs · https://www.lkslaw.com/insights/news/customs-duty-on-electrical-energy-produced-in-sez-and-supplied-in-dta · The Supreme Court has dismissed the petition filed by the Revenue Department against the judgement of Gujarat High Court in the case Adani Power Limited v. UOI.
Company courts not to interfere with proceedings under SARFAESI Act · 2016-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/company-courts-not-to-interfere-with-proceedings-under-sarfaesi-act · The Supreme Court of India, with respect to the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI Act”), has held that powers under the Companies Act cannot be wielded by the Company courts to interfere with proceedings by a secured creditor to realize its secured interests in terms of the provisions of the SARFAESI Act.
Corporate Social Responsibility (CSR) clarified · 2016-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/corporate-social-responsibility-csr-clarified · The Ministry of Corporate Affairs has issued clarifications by way of Frequently Asked Questions (FAQ) relating to the Corporate Social Responsibility (CSR) obligations of companies under Companies Act, 2013.
United State District Court of South New York – Rules on parody · 2016-01-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/united-state-district-court-of-south-new-york-rules-on-parody · Observing that sometimes it is better to ‘accept the implied compliment in parody’ and to smile or laugh rather than sue, the United State District Court of South New York held in favour of the alleged ‘diluter’ of the c.
Trademarks – Composite marks to be compared as a whole · 2016-01-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-composite-marks-to-be-compared-as-a-whole · Considering the principles laid down by the Apex Court in the case of Cadila Healthcare v. Cadila Pharmaceuticals, the Delhi High Court has held that alleged use of the mark BECTODINE by the defendants subsequent to the documented use of the trademark BETADINE by the petitioner, by about 34 years, was fraught with malafide and dishonesty.
WTO members secure Nairobi Package · 2016-01-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/wto-members-secure-nairobi-package · WTO members recently concluded their 10th Ministerial Conference in Nairobi by securing historic agreements on a series of trade initiatives.
India revises its model BIT text · 2016-01-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/india-revises-its-model-bit-text · India finalised the model Bilateral Investment Treaty (BIT) agreement last month. The first version was seen as pro-State with clauses like those relating to investor responsibilities, provision for the host State to make counter claim, absence of Most Favoured Nation clause and so on.
Circumvention of anti-dumping duty – Time period for change in pattern of trade · 2016-01-11 · Customs · https://www.lkslaw.com/insights/news/circumvention-of-anti-dumping-duty-time-period-for-change-in-pattern-of-trade · The Court of Justice of the European Union has held the Council Implementing Regulation (EU) No. 260/2013 invalid.
No interest if differential duty paid before finalization of provisional assessment · 2016-01-01 · Customs · https://www.lkslaw.com/insights/news/no-interest-if-differential-duty-paid-before-finalization-of-provisional-assessment · The Supreme Court of India has dismissed the Special Leave Petition filed by the Revenue department against the order of the Bombay High Court in a case involving liability to pay interest when the duty was paid before finalization of provisional assessment.
PDI and free after sales services charges when not includible in transaction value of vehicles · 2016-01-01 · Direct Tax · https://www.lkslaw.com/insights/news/pdi-and-free-after-sales-services-charges-when-not-includible-in-transaction-value-of-vehicles · Pre-delivery inspection charges (PDI) and free after sales service charges, which are not charged by the manufacturers of vehicles from the dealers, are not to be included in the transaction value of the vehicles, on which the manufacturer has to pay Central Excise duty.
Patent for process of testing – Use in ‘manufacture’ · 2015-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-for-process-of-testing-use-in-manufacture · The Court of Appeals of the Federal Circuit, in respect of a process patent for testing a drug, has held that infringement only occurs under 35 U.S.C. § 271(g), as a result of “making” a product, and does not extend to testing to determine whether an already synthesized drug substance possesses existing qualities.
Reporting of fraud by auditors - amendments come into force · 2015-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/reporting-of-fraud-by-auditors-amendments-come-into-force · Provisions of Sections 14 and 15 the Companies (Amendment) Act, 2015 (21 of 2015), that amend Sections 143 and 177, respectively, of the Companies Act, have come into force from the 14-12-2015.
Interest Equalisation Scheme on pre and post shipment export credit · 2015-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/interest-equalisation-scheme-on-pre-and-post-shipment-export-credit · Reserve Bank of India has allowed exporters to avail the Interest Equalisation on Pre and Post Shipment Rupee Export Credit. The scheme is effective from April 1, 2015.
US Court rules on whether display of results in web search can infringe · 2015-11-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/us-court-rules-on-whether-display-of-results-in-web-search-can-infringe · In yet another interesting tussle between retailers who chose not to opt for a particular e-commerce portal and the inevitable, may be, unintended results of the internet search yielding trademarked goods in the results page, the United States Court For Appeals for the Ninth Circuit (CAFC) put forth its views on initial interest confusion, possibility of confusion, intention to confuse and infringement.
GST in India – Reports on business processes released · 2015-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/gst-in-india-reports-on-business-processes-released · The Joint Committees on Business Processes for Goods & Services Tax (GST), set up by the Ministry of Finance, have given their reports providing a broad outline of the processes to be followed in respect of registration, payments, refunds and in case of filing of returns under the proposed GST regime by the assessees.
Yoga sequence – not moving towards copyright · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/yoga-sequence-not-moving-towards-copyright · While copyright may have less to do with appealing to the eye and beauty of movements etc, a ‘static and kinetic successions of bodily movement’ may be subject to copyright.
Arbitration when party initiates proceedings to blacklist another · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-when-party-initiates-proceedings-to-blacklist-another · Punjab & Haryana High Court has held that it is open to parties to refer the issue of blacklisting to arbitration.
Area allocation when not anti-competitive · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/area-allocation-when-not-anti-competitive · The Competition Commission of India on 12-10-2015 has held that though the Opposite Party 1 in the case before it had indulged in anti-competitive practices by involving in area allocation in respect of its distributors and stopping supplies to the informant in the case, there was no adverse effect on competition.
Trademarks - ‘First in market’ relevant over ‘first to register’ · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-first-in-market-relevant-over-first-to-register · The Supreme Court of India has upheld the interim injunction granted by the trial court on the basis of ‘first in the market’ test in a dispute where the defendant had filed for registration of the mark six years prior to the commencement of user by the Plaintiff, but had refrained from using the mark.
SEBI has jurisdiction in respect of CIS offered by Trust · 2015-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/sebi-has-jurisdiction-in-respect-of-cis-offered-by-trust · Securities Appellate Tribunal has held that the fact that Section 11AA(2) of the SEBI Act, 1992 refers to any scheme or arrangement made or offered by any ‘company’ would not mean that the jurisdiction of SEBI to regulate Collective Investment Scheme (CIS) is restricted to any scheme or arrangement made or offered by any company registered under the Companies Act, 1956 only.
Provisional release by Customs – Jurisdiction for appeal · 2015-10-21 · Customs · https://www.lkslaw.com/insights/news/provisional-release-by-customs-jurisdiction-for-appeal · Delhi High Court has held that appeal against provisional release of goods can be filed before Commissioner (Appeals).
No anti-dumping duty after expiry of provisional duty and before imposition of final ADD · 2015-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-anti-dumping-duty-after-expiry-of-provisional-duty-and-before-imposition-of-final-add · The Supreme Court of India has held that Anti-dumping duty is not imposable on imports made during the period after the expiry of the provisional anti-dumping duty and before imposition of the final/definitive anti-dumping duty.
Windmill doors are part of wind operated electricity generators · 2015-08-28 · Direct Tax · https://www.lkslaw.com/insights/news/windmill-doors-are-part-of-wind-operated-electricity-generators · The Supreme Court of India has held that windmill doors and electrical boxes are components and/or parts of wind operated electricity generators (WOEG).
No Service Tax on indivisible works contracts prior to 1-6-2007 – SC · 2015-08-25 · Direct Tax · https://www.lkslaw.com/insights/news/no-service-tax-on-indivisible-works-contracts-prior-to-1-6-2007-sc · The Supreme Court of India has held that indivisible works contracts were not liable to Service tax prior to 1-6-2007 under various entries of the Finance Act, 1994.
Interpreting ‘articles that infringe’ · 2015-08-13 · (no practice area listed) · https://www.lkslaw.com/insights/news/interpreting-articles-that-infringe · Two developments regarding investigation under 19 U.S.C. § 1337 (Section 337) covering Unfair practices in import trade including ‘articles that infringe’ a valid enforceable US patent, are of interest.
Australia proposes new green-gold standard for COOL · 2015-08-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/australia-proposes-new-green-gold-standard-for-cool · USA went through a long drawn battle to protect its COOL (Country Of Origin Labelling) measures which were held to be protectionist and discriminatory. It seems to have inspired rather than deterred Australia from introducing its own labelling requirements.
Negotiable Instruments Act - Liability of a company and persons in charge · 2015-08-03 · (no practice area listed) · https://www.lkslaw.com/insights/news/negotiable-instruments-act-liability-of-a-company-and-persons · The Supreme Court of India has ruled that under Section 138 of the Negotiable Instruments Act, 1881, it is the drawer of the cheque alone that attracts liability.
Indian Parliamentary Committee on GST · 2015-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/indian-parliamentary-committee-on-gst · The Select Committee of the Rajya Sabha presented its report recently on the Constitution (122nd) Amendment Bill, 2014.
SEBI has jurisdiction in respect of GDRs · 2015-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/sebi-has-jurisdiction-in-respect-of-gdrs · Supreme Court of India has upheld the jurisdiction of SEBI to exercise its powers under the provisions of the Securities and Exchange Board of India Act, 1992 and Securities Contracts (Regulation) Act, 1956 read along with the Regulations, to proceed against the Lead Manager for the so called fraudulent transaction in respect of issuance of Global Depository Receipts (GDRs).
Limitation for demand for breach of exemption notification · 2015-07-24 · Direct Tax · https://www.lkslaw.com/insights/news/limitation-for-demand-for-breach-of-exemption-notification · The Bombay High Court has held that demand beyond 5 years cannot be confirmed by invoking bond in case of EOUs.
Trademark & copyright – Jurisdiction for filing suit against infringement · 2015-07-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-copyright-jurisdiction-for-filing-suit-against-infringement · The Supreme Court of India has held that suits against infringement of trademark and copyright can be instituted only in the District Court that exercises jurisdiction over the place where the cause of action (in whole or in part) arises, in the case where the plaintiff instituting the suit has an office in that jurisdiction.
Corporate guarantee having bearing on profits is an International Transaction · 2015-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/corporate-guarantee-having-bearing-on-profits-is-an-international-transaction · Corporate guarantees have often been examined for transfer pricing adjustment. While there are number of judgements on how to determine the ALP and that bank rates are not to be applied, whether the transaction is an international transaction is always intriguing.
Mandatory pre-deposit for appeals filed prior to 6-8-2014 · 2015-07-16 · Direct Tax · https://www.lkslaw.com/insights/news/mandatory-pre-deposit-for-appeals-filed · Rajasthan High Court has agreed with the earlier Order of the court (Paramount Security v. UoI – W.P. No. 12232) which had held that effect of the amendment to Section 35F of the Central Excise Act, 1944 in 2014 cannot be restricted only for appeals filed after 6-8-2014.
Competition law – Factors for dominance · 2015-07-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-law-factors-for-dominance · The Competition Commission of India (CCI) has recently set aside the application of the informant alleging contravention of the provisions of Section 4 of the Competition Act, by one the airlines in India.
Commissions paid by manufacturer to related exporter - Inclusion in export price · 2015-07-09 · Customs · https://www.lkslaw.com/insights/news/commissions-paid-by-manufacturer-to-related-exporter-inclusion-in-export-price · European Union’s General Court has upheld the downward adjustment to the export price in respect of commissions paid by the manufacturer to its exporter. The applicant-manufacturer here was of the view that they and the exporter (Singaporean entity) formed a single economic entity and that, consequently, there was no need to carry out any downward adjustments in export price to the EU.
ADD – New Zealand proposes automatic termination period · 2015-07-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/add-new-zealand-proposes-automatic-termination-period · New Zealand continues to seek ways to reform its anti-dumping and countervailing duties regime. Last year it had sought views on introduction of a bounded public interest test (Refer, International Trade Amicus, July 2014 issue) and now proposes to lay down the broad parameters and procedure to take into account the effect of AD, on public - parties other than domestic producers.
Exemption notification – Applicability of Interpretative Rules of Excise Tariff · 2015-07-03 · Direct Tax · https://www.lkslaw.com/insights/news/exemption-notification-applicability-of-interpretative-rules-of-excise-tariff · Three Judges Bench of the Supreme Court has, on 1-7-2015, held that Rules of Interpretation of the Central Excise Tariff may not be applicable if the notification (exemption notification) commands and require a different understanding.
Share transfers – Pre-emption agreement when does not violate ‘free transferability’ · 2015-06-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/share-transfers-pre-emption-agreement-when-does-not-violate-free-transferability · Division Bench of the Bombay High Court has reversed the Order of the Single Bench holding that the pre-emption right as recognised by certain clause of the Protocol Agreement which was incorporated in the Articles of Association of the company, was contrary to the provisions of the Companies Act and hence was unenforceable.
Electricity supply without a distribution license, when valid · 2015-06-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/electricity-supply-without-a-distribution-license-when-valid · The Appellate Tribunal for Electricity has upheld the Order of the State Commission wherein the latter has allowed the system for supply of power by the generating company to its individual industrial consumers directly from its dedicated transmission lines considering the load centre as a consumer under Section 10(2), read with Section 42(2) of the Electricity Act 2003, without obtaining any distribution license.
When an interlocked toy is not essentially interlocked · 2015-06-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/when-an-interlocked-toy-is-not-essentially-interlocked · A toy can be in any shape. Toys have provided enough infotainment from children to pets, to customs lawyers if one recalls the disputes over classification of Halloween costumes and flying discs for dogs to play with (HQ H240490, Canine Hardware Inc) and of course IP lawyers.
Clarification on Rollback provisions of APA · 2015-06-19 · Direct Tax · https://www.lkslaw.com/insights/news/clarification-on-rollback-provisions-of-apa · Advance Pricing Agreement (‘APA’) Scheme was introduced in the statute in 2012, which authorizes the CBDT to enter into agreement with the taxpayers, prescribing the arm’s length price (ALP) for international transaction which have been undertaken (which are continuous in nature) and those to be entered into between related parties in the future.
Copyright law does not bar remedy against breach of confidence · 2015-06-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-law-does-not-bar-remedy-against-breach-of-confidence · In a suit involving breach of confidence action which also alleged infringement of copyright, the Bombay High Court has granted interim injunction restraining the defendant from releasing the offending film alleged to be based on the script/screenplay of the plaintiff.
EOUs – FTP provisions incorporated in Excise notifications · 2015-06-15 · Customs · https://www.lkslaw.com/insights/news/eous-ftp-provisions-incorporated-in-excise-notifications · Notification Nos. 22/2003-C.E. and 23/2003-C.E. have been amended by Notification No. 28/2015-C.E., dated 15-5-2015 to reflect the new Foreign Trade Policy 2015-20 notified by the Ministry of Commerce on 1st of April.
Transfer Pricing – Applicability to third party transactions · 2015-06-11 · Direct Tax · https://www.lkslaw.com/insights/news/transfer-pricing-applicability-to-third-party-transactions · To come within the ambit of transfer pricing, there has to be an international transaction. The two requirements of international transaction are that there must be a transaction between associated enterprises and either or both parties should be non-residents (prior to the amendment by Finance Act, 2014).
WTO reviews India’s trade policy · 2015-06-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/wto-reviews-india-trade-policy · India’s trade policy is under review by the WTO for the sixth time. According to the report by the WTO’s Secretariat, though India continued its efforts to liberalize and facilitate trade, its tariff structure remains complex.
ADD – Inclusion of non-cooperating producers in Domestic industry · 2015-06-08 · (no practice area listed) · https://www.lkslaw.com/insights/news/add-inclusion-of-non-cooperating-producers-in-domestic-industry · European Union’s Court of Justice has upheld the investigation authority’s conclusion of including non-cooperating domestic manufacturers in the definition of domestic industry for the purpose of injury analysis.
Sale of shares of Indian company by foreign company, outside India – Jurisdiction of CLB · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/sale-of-shares-of-indian-company-by-foreign-company-outside-india · Madras High Court has set aside the Company Law Board’s order which had held that in a case involving sale of shares of the Indian company by the foreign company,
ITAT can extend stay beyond 365 days · 2015-05-22 · Direct Tax · https://www.lkslaw.com/insights/news/itat-can-extend-stay-beyond-365-days · Does the Income Tax Appellate Tribunal (ITAT) have power to extend stay beyond 365 days? The Delhi High Court in Pepsi Foods Pvt. Ltd v. ACIT, WP(C )1334/2015 decided on 19-5-2015 held that when the delay in disposing of the appeal is not attributable to the assessee, the Tribunal has the power to grant extension of stay beyond 365 days.
New Service Tax rate of 14% applicable from 1st June, 2015 · 2015-05-22 · Direct Tax · https://www.lkslaw.com/insights/news/new-service-tax-rate-applicable-from-1st-june-2015 · Service Tax levied in India on all services, except a few as listed in the negative list of services, will be applicable at the rate of 14%, instead of 12%, with effect from 1st of June, 2015.
Manufacture & excise – Supreme Court lays down guidelines · 2015-05-22 · Direct Tax · https://www.lkslaw.com/insights/news/manufacture-excise-supreme-court-lays-down-guidelines · Supreme Court of India has recently delivered three important judgments relating to the question as to whether the process followed by the assessee amounts to ‘manufacture’ for the purpose of imposition of Central Excise duty, which is levied in India on manufactured goods.
Relief against third party in Arbitration · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/relief-against-third-party-in-arbitration · Relying on earlier judgments, the Delhi High Court has on 5-5-2015 held that while considering a petition under Section 9 of the Arbitration and Conciliation Act, the Court is within its right to pass order against third party.
Exclusive agreements by e-commerce sites with sellers of goods/services, not anti-competitive · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/exclusive-agreements-by-e-commerce-sites-with-sellers · Considering various factors listed in Section 19(3) of the Competition Act, the Competition Commission of India (CCI) has held that ‘exclusive agreements’ by e-commerce portals with sellers of goods/services, to sell specified goods exclusively on those portals, does not lead to ‘Appreciable Adverse Effect on Competition’ (AAEC).
Company Law Tribunal constitutionally valid – SC · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/company-law-tribunal-constitutionally-valid-sc · Five Judge Bench of the Supreme Court of India has rejected the challenge to the constitutional validity of setting up of the National Company Law Appellate Tribunal (NCLAT).
TRIPS agreement does not create substantive rights – Canada on WTO challenge to plain packaging rules · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/trips-agreement-does-not-create-substantive-rights · Canada submitted its views as third party on the issue of plain packaging measures introduced by Australia as regards tobacco products.
Trans-border reputation of trade mark · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/trans-border-reputation-of-trade-mark · The IPAB has held that mere filing of applications or obtaining certificates of registration for the impugned trade mark from some countries will not be sufficient to establish trans-border reputation.
Finance Act, 2015 comes into force · 2015-05-18 · Direct Tax · https://www.lkslaw.com/insights/news/finance-act-2015-comes-into-force · Finance Bill, 2015 has received President’s Assent and Finance Act, 2015 (20 of 2015) is in force from 14 May, 2015.
Trademarks – Comparative advertising when not disparaging · 2015-04-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-comparative-advertising-when-not-disparaging · In the dispute wherein the petitioner had impugned the defendant’s advertising campaign comparing their product with that of the petitioner, the Delhi High Court has held that a comparison, which is unfavourable to a competitor, does not necessarily mean that it is dishonest or unduly detrimental.
Copyrights – Producing jewellery articles using designs – ‘Article’ different from ‘artistic work’ · 2015-04-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyrights-producing-jewellery-articles-using-designs-article-different-from-artistic-work · Deliberating on the distinction between the ‘artistic work’ and the ‘article’ produced on the basis of the same, Bombay High Court on 1-4-2015 has granted interim injunction in the case of Pranda Jewellery Pvt. Ltd. v. Aarya 24 kt, where the branded jewellery articles were produced allegedly using designs of the petitioner.
International Financial Services Centre – RBI, SEBI & IRDA issue guidelines · 2015-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/international-financial-services-centre-rbi-sebi-irda-issue-guidelines · In a major move to bring more meaning to SEZs in India, the Reserve Bank of India has notified Foreign Exchange Management (International Financial Services Centre) Regulations 2015, according to which a financial institution or a branch thereof set up in the International Financial Services Centre (IFSC) and permitted or recognised as such by the government or a regulatory authority shall be treated as person resident outside India.
SSI – List of items reserved for exclusive manufacture by small enterprises, omitted · 2015-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/ssi-list-of-items-reserved-for-exclusive-manufacture-by-small-enterprises · Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry has omitted 20 of the last remaining serial numbers in the list of items reserved for exclusive manufacture by micro and small enterprise sector.
New service tax rate not yet in force – CBEC clarifies · 2015-04-16 · Direct Tax · https://www.lkslaw.com/insights/news/new-service-tax-rate-not-yet-in-force-cbec-clarifies · CBEC has clarified by Circular No. 183/02/2015-S.T., dated 10-4-2015 that the new rate of service tax i.e. 14% shall come into effect from a date to be notified by the Central Government after the enactment of the Finance Bill, 2015.
Transfer of right to use trademark – Liability under Maharashtra Sales Tax · 2015-04-16 · Direct Tax · https://www.lkslaw.com/insights/news/transfer-of-right-to-use-trademark-liability-under-maharashtra-sales-tax · Bombay High Court has held that the amount received by the assessee on transfer of right to use the trademark would be liable to be taxed under “Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any Purposes Act, 1985”.
India announces new Foreign Trade Policy · 2015-04-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/india-announces-new-foreign-trade-policy · With the aim of doubling India’s export of merchandise and services by the year 2020, the Indian Commerce and Industry Ministry has today (1-4-2015) announced the new Foreign Trade Policy 2015-2020 (FTP).
Anti-dumping – DA to supply relied upon information & follow timelines · 2015-03-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/anti-dumping-da-to-supply-relied-upon-information-follow-timelines · Delhi High Court has quashed the final findings of the Designated Authority (DA) recommending imposition of definitive anti-dumping duty on USB Pen drives imported from China, Taiwan and Korea RP.
Digital reproduction can be subject to private copying levy irrespective of actual use · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/digital-reproduction-can-be-subject-to-private-copying-levy · Answering a reference from the Danish court the CJEU held that Information Society directive does not preclude national legislation, which provides that fair compensation to be paid to right holders, from levying the same in respect of multifunctional media such as mobile telephone memory cards, irrespective of whether the main function of such media is to make such copies and it is sufficient that the device enables the operator to make copies.
Achieving a fanciful distinction · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/achieving-a-fanciful-distinction · 23 March,2015 Every seller, perhaps, fancies being distinctive and successful and the applicant in re Frankish Enterprises Ltd (decided in 27-2-2015) certainly got the combination right. The TTAB reversed the refusal to register a mark consisting of a truck cab body in the design of a fanciful,
IPAB Members – Madras High Court rules on constitutionality of qualification criteria · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/madras-high-court-rules-on-constitutionality-of-qualification-criteria · In January, 2011 the Madras High Court admitted a PIL (Shamnad Basheer v. Union of India - W.P. 1256 of 2011) challenging.
Copyright and the human right to protection of authorship · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-and-the-human-right-to-protection-of-authorship · The UN Special Rapporteur in the field of cultural rights has submitted a report on ‘Copyright policy and the right to science and culture’.
CCI order on abuse of dominance quashed · 2015-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/cci-order-on-abuse-of-dominance-quashed · The Competition Appellate Tribunal (COMPAT) has set aside the order of the Competition Commission of India which had found abuse of dominance reasoning that information downloaded from the net and similar other material as relied upon by the Commission do not have any evidentiary value.
Loans and advances by company to employees clarified · 2015-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/loans-and-advances-by-company-to-employees-clarified · The Ministry of Corporate Affairs has clarified that loans or advances made by the companies to their employees, other than to the managing or whole time directors (which is governed by Section 185) are not governed by the requirements of Section 186 of the Companies Act, 2013.
Implied exclusion of Indian laws under an arbitration agreement · 2015-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/implied-exclusion-of-indian-laws-under-an-arbitration-agreement · The agreement stipulated that the contract is to be governed and construed according to the English law in the arbitration clause. No other clause stating the applicable law was included in the agreement.
Budget 2015 - Major changes proposed in Direct Tax · 2015-03-01 · Direct Tax · https://www.lkslaw.com/insights/news/budget-2015-major-changes-proposed-in-direct-tax · The Finance Minister presented the Finance Bill, 2015 today. While no major relief has been announced on personal taxation, corporate taxes are proposed to be rationalised in a phased manner to bring down the rate of taxation
Budget 2015 – Penalty provisions relaxed in Excise and Customs · 2015-03-01 · Customs · https://www.lkslaw.com/insights/news/budget-2015-penalty-provisions-relaxed-in-excise-and-customs · Finance Bill 2015 introduced in the Lok Sabha (Lower House of the Indian Parliament) today on 28-2-2015, has proposed certain relaxations in respect of penalty provisions under Central Excise and Customs Laws.
Budget 2015 – Tax rates enhanced but procedures relaxed · 2015-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/news/budget-2015-tax-rates-enhanced-but-procedures-relaxed · 28 February 2015 Rate of Central Excise duty, which is levied on goods manufactured in India, have been revised upwards for several items. In its first full Budget presentation since taking office in June last year, the Finance Minister has today (28-2-2015) enhanced the rates of Central Excise
Validity of trademark can be questioned in infringement suit · 2015-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/validity-of-trademark-can-be-questioned-in-infringement-suit · Court can go into the question of validity of registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the said registration in an infringement suit.
No wish to infringe · 2015-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-wish-to-infringe · The new year witnessed, aptly perhaps, a decision on trademark infringement proceedings which was triggered by exchange of a Christmas card between the general counsels of the opposing parties.
Status of secured creditor not alters unless charge explicitly extinguished · 2015-01-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/status-of-secured-creditor-not-alters-unless-charge-explicitly-extinguished · The Supreme Court of India has, on 9-1-2015, held that a charge created under Section 125 of Companies Act, 1956 shall not be extinguished unless the arbitration award does not explicitly say so.
Director’s liability – ‘Alter ego’ and attribution of acts of companies · 2015-01-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/directors-liability-alter-ego-and-attribution-of-acts-of-companies · The Supreme Court of India has, on 9-1-2015, held that when the company is the offender, vicarious liability of the Directors cannot be imputed automatically, in the absence of any statutory provision to this effect.
New Insider Trading Regulations notified · 2015-01-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/new-insider-trading-regulations-notified · Securities and Exchange Board of India has notified new set of regulations, to put in place a framework for prohibition of insider trading in securities.
SEZ – Dual use of infrastructure permitted in non-processing area · 2015-01-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/sez-dual-use-of-infrastructure-permitted-in-non-processing-area · Ministry of Commerce and Industry has allowed dual use of non-processing area in the Special Economic Zones with effect from 2-1-2015.
Sale of used motor vehicles – Exemption under Delhi VAT · 2015-01-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/sale-of-used-motor-vehicles-exemption-under-delhi-vat · Sale consideration received on resale of used motor vehicle to third parties by dealers of different commodities is not includible in the taxable turnover for attracting liability under Delhi VAT provisions if conditions of Section 6(3) of DVAT Act are satisfied.
Major relief for exporters and importers by CBEC · 2015-01-14 · Customs · https://www.lkslaw.com/insights/news/major-relief-for-exporters-and-importers-by-cbec · Central Board of Excise and Customs has last month given some major relief to Indian exporters and importers in terms of procedures to be followed while making imports and exports.
India set to introduce GST · 2014-12-23 · Direct Tax · https://www.lkslaw.com/insights/news/india-set-to-introduce-gst · India took its first major step on GST when the 122nd Constitutional Amendment Bill, 2014 was introduced in Lok Sabha (House of People) on 19-12-2014.
Royalty payments for use of patents post-expiry · 2014-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/royalty-payments-for-use-of-patents-post-expiry · The Supreme Court of United States on 12-12-2014, granted Certiorari and will decide on the question of whether it should overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a license agreement requiring royalty payments for use of a patented invention after the expiration of the patent term is unlawful per se.
Export of patented product for conducting studies, permitted · 2014-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/export-of-patented-product-for-conducting-studies-permitted · Bombay High Court has held that sale even outside India would fall within the sweep of Section 107A of the Patents Act, 1970 providing for no infringement in certain cases, if it is reasonably related to development and submission of information as required under a law in force in India or outside India.
Similar marks on Pharma products – Confusion less likely · 2014-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/similar-marks-on-pharma-products-confusion-less-likely · A question arose as to whether the mark MOMARID to be registered for pharmaceutical and veterinary preparations is likely to cause confusion with an existing mark LONARID for pharmaceutical and sanitary preparations.
USPTO issues interim guidance on patentable subject matter · 2014-12-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/uspto-issues-interim-guidance-on-patentable-subject-matter · The United States Patent and Trademark Office (USPTO) issued the 2014 Interim Guidance on Patent Subject Matter Eligibility on 16-12-2014 and it will be open for comments from the public till March 16, 2015.
FDI in defence sector · 2014-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/fdi-in-defence-sector · The Department of Industrial Policy and Promotion (DIPP) has provided a list of defence items as finalised by Department of Defence Production, Ministry of Defence and has clarified that items not in the list, and dual use items i.e. items having military as well as civilian applications, would not require industrial license for defence purposes.
Land Developer Scheme linking returns to land value appreciation is a ‘Collective Investment Scheme' · 2014-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/land-developer-scheme-linking-returns-to-land-value-appreciation-is-a-collective-investment-scheme · SEBI has held that fund mobilizing activity of a company under the garb of real estate business for sale/purchase, development and maintenance of agricultural land is covered within the parameters of ‘collective investment scheme’ as defined in Section 11AA of the SEBI Act, 1992.
BIFR does not automatically lose jurisdiction once company gets revived · 2014-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/bifr-does-not-automatically-lose-jurisdiction-once-company-gets-revived · The Supreme Court of India has held that after a reference is registered by the Board for Industrial and Financial Reconstruction (BIFR), all throughout the subsequent stages, BIFR has complete supervisory control over the affairs of such company till it is revived or the decision to wind up such company is taken.
Dross & skimmings not liable to excise duty – Bombay HC · 2014-12-17 · Direct Tax · https://www.lkslaw.com/insights/news/dross-skimmings-not-liable-to-excise-duty-bombay-hc · Bombay High Court has quashed CESTAT Larger Bench Order which had held that aluminium dross and skimmings are excisable goods in view of the Explanation to Section 2(d) of the Central Excise Act, 1944 which was inserted with effect from 10-5-2008.
WTO upholds major claims of India in steel dispute appeal · 2014-12-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/wto-upholds-major-claims-of-india-in-steel-dispute-appeal · India achieved a significant victory at the WTO on December 8, 2014, as the Appellate Body has held that the Countervailing Duty (CVD) measures imposed by the United States against certain Hot Rolled Carbon Steel Flat Products are inconsistent with the provisions of the Agreement on Subsidies and Countervailing Measures (ASCM) of the WTO.
FDI Policy relaxed for construction sector · 2014-11-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/fdi-policy-relaxed-for-construction-sector · The Indian Government has approved amendments to Foreign Direct Investment Policy (FDI) relating to Construction Development Sector.
WTO releases World Trade Report · 2014-11-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/wto-releases-world-trade-report · The recently released World Trade Report traces the growth of world trade through the world war eras and varying perceptions to protectionism and identifies four main trends which are of current importance -the rise of new economic powers, the spread of global value chains, the growing importance of commodities trade, and the deepening integration and volatility of the world economy.
Trademark – Delay in action against alleged passing off is fatal · 2014-10-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-delay-in-action-against-alleged-passing-off-is-fatal · A proprietor of the trade mark who knowingly watches his competitor grow in the market and takes no action can claim no exclusivity in his own trade mark.
Patent application when not deemed as abandoned · 2014-10-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-application-when-not-deemed-as-abandoned · Delhi High Court has held that where the applicant of the patent application had responded to the first as well as the second examination report, the application cannot be stated to be abandoned.
Amendment to trademark application is quasi-judicial function · 2014-10-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/amendment-to-trademark-application-is-quasi-judicial-function · Examining whether the function of the Registrar of Trademarks while deciding on amendments to application for trademark is purely administrative or quasi-judicial, the High Court of Delhi held that powers vested in the Registrar by Section 22 of the Trade Marks Act, 1999 were quasi-judicial.
Issue of shares at premium not an international transaction · 2014-10-12 · Direct Tax · https://www.lkslaw.com/insights/news/issue-of-shares-at-premium-not-an-international-transaction · To apply provisions of Chapter X of the Income Tax Act, 1961 (the Act), there must be some income chargeable to tax arising from an international transaction.
Pre-deposit provisions in Excise, Customs & Service tax laws clarified · 2014-09-16 · Direct Tax · https://www.lkslaw.com/insights/news/pre-deposit-provisions-in-excise-customs-service-tax-laws · Central Board of Excise & Customs (CBEC) has clarified today some of the provisions relating to mandatory pre-deposit for filing appeals and refund thereof in case of favorable order, which were brought into force from 6-8-2014 by Finance (No. 2) Act, 2014.
Competition law – Requirement of notice when directing ‘further’ investigation · 2014-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-law-requirement-of-notice-when-directing · Notice before directing further investigation under Section 26(7) of the Competition Act is not required to be given to the person against whom information was provided.
CJEU rules on necessity for originality in a parody · 2014-09-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/cjeu-rules-on-necessity-for-originality-in-a-parody · Exception for use of copyrighted material in parody is the flavour of the season in UK. Since the recommendation in Hargreaves review in 2011, statutory protection for use in parody has been taken up and is likely to come into effect later this year.
UK High Court on whether an airship is obviously a toy · 2014-09-05 · (no practice area listed) · https://www.lkslaw.com/insights/news/uk-high-court-on-whether-an-airship-is-obviously-a-toy · Novelty in design and novelty in arguments don’t always translate into the desired results in the IP world. Fresh from very engrossing Kiddie trunk cases, the UK High Court [(2014) EWHC 2845 (IPEC)] recently examined buoyant flying toys shaped like fish.
Drawback - Brand rate can be claimed after availing All Industry Rate · 2014-09-02 · Customs · https://www.lkslaw.com/insights/news/drawback-brand-rate-can-be-claimed-after-availing-all-industry-rate · An exporter is not barred from seeking fixation of brand rate of Duty Drawback under Rule 7 of the Drawback Rules merely because, at the time of export, he had applied for and was granted drawback at the All Industry Rate (AIR) under Rule 3.
Changes in Service Tax and Cenvat Credit Rules · 2014-08-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/changes-in-service-tax-and-cenvat-credit-rules · Certain changes in service tax provisions announced in this year’s Union Budget will come into effect from 1st October, 2014.
Delhi HC rules on ‘setting up of business’ · 2014-08-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/delhi-hc-rules-on-setting-up-of-business · In yet another examination of when business had commenced, this time for the purpose of availing benefit under Section 10B of the Income Tax Act, 1961 (the Act) in respect of 100% Export Oriented Unit under STPI scheme, the Delhi High Court laid emphasis also on nature of activity and distinguished between a manufacturing entity and a service provider.
Arbitration - Disputes alleging ‘fraud’ and ‘misrepresentation’ capable of resolution · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/disputes-alleging-fraudand-misrepresentation-resolution-through-arbitration · Bombay High Court on 31-7-2014 has held that ‘fraud’ and ‘misrepresentation’ as defined under Sections 17 and 18 of the Contract Act are well accepted grounds which would vitiate ‘free consent’ and consequently the contract itself and therefore, as a general rule, it cannot be said that once fraud and misrepresentation are alleged in the context of a contract, the subject matter of the dispute would be rendered incapable of resolution by arbitration.
Directors liable for breach of RBI Regulations irrespective of sanction of amalgamation · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/directors-continue-to-be-liable-for-breach-of-rbi-regulations · The Delhi High Court has on 1-8-2014, in a case relating to sanction of amalgamation scheme, held that if it is found that the transferee-company has violated any provision of the Reserve Bank of India Act then the Directors of such company, who are guilty of said breach, shall continue to be liable irrespective of the sanction of the amalgamation scheme.
Trademark – Assignment not registered before dissolution of assignee-company deemed as removed · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-assignment-not-registered-before-dissolution-of-assignee-company · Assignment of trademark should be registered within a reasonable period and if the trademark is not so registered before dissolution of the assignor company, the mark is deemed to have been removed or rectified from the Registry of Trademarks.
Company Law Settlement Scheme 2014 introduced · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/company-law-settlement-scheme-2014-introduced · Ministry of Corporate Affairs has introduced Company Law Settlement Scheme 2014. This scheme provides for condoning delay in filing of annual documents (Annual Return and Financial Statements) on the MCA 21 electronic registry.
Pharma patent applications – IPO issues draft examination guidelines · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/pharma-patent-applications-ipo-issues-draft-examination-guidelines · The Indian Patent Office released the ‘Revised Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals’ on 12th August, 2014. Comments and suggestions can be sent before 2nd September, 2014.
Green dot inside a square symbolizing vegetarian food cannot be copyrighted · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/green-dot-inside-a-square-symbolizing-vegetarian-food-cannot-be-copyrighted · Allahabad High Court has quashed the order granting injunction restraining the defendants-appellants (Apex Laboratories Pvt. Ltd.) from using the “green dot” on the label of the packaging of its product “Zincovit Syrup”.
No interest on provisional assessments made before13-7-2006 but finalized later · 2014-08-19 · Customs · https://www.lkslaw.com/insights/news/no-interest-on-provisional-assessments-made-before-13-7-2006 · Interest is not payable by the importer when provisional assessment was made before 13-7-2006 but the same was finalized much later. Provisions for interest on finalization of assessments were introduced under Section 18(3) of Customs Act, 1962 from 13-7-2006.
Deemed exports – Interpretation by Policy Interpretation Committee, prospective · 2014-08-18 · Customs · https://www.lkslaw.com/insights/news/deemed-exports-interpretation-by-policy-interpretation-committee-prospective · Bombay High Court has held that interpretation placed on 15th March 2011 by the Policy Interpretation Committee in respect of deemed export benefits would not apply to supplies made prior to such interpretation.
WTO Members fail to adopt the TFA protocol · 2014-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/wto-members-fail-to-adopt-the-tfa-protocol · India’s food security programme has been in focus in WTO since the Bali Session and thereafter till 31-7-2014.
WTO’s Customs Valuation Agreement to be rectified · 2014-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/wtos-customs-valuation-agreement-to-be-rectified · English and Spanish texts of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Agreement on Customs Valuation) are set to be amended.
Anti-dumping duty – Extension after expiry of original notification, not valid · 2014-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/news/anti-dumping-duty-extension-after-expiry · Anti-dumping duty cannot be extended by amending notification issued after expiry of original notification imposing definitive ADD.
Bombay High Court upholds grant of compulsory licence for cancer drug · 2014-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/bombay-high-court-upholds-grant-of-compulsory-licence-for-cancer-drug · The Bombay High Court on 15-7-2014 has upheld the decision of the Controller and IPAB to grant compulsory licence (CL) for a cancer drug.
Related party transactions - Section 188 of Companies Act clarified · 2014-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/related-party-transactions-section-188-of-companies-act-clarified · Prohibition of any related party from voting in any special resolution of the company to approve any contract or arrangement (as specified in Section 188 of the Companies Act, 2013) is applicable only to the contract or arrangement for which the special resolution is being passed.
Competition law – Relevant market and locus standi for moving CCI · 2014-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-law-relevant-market-and-locus-standi-for-moving-cci · Competition Appellate Tribunal (COMPAT) on 4-7-2014 has held that there cannot be a restrictive ‘relevant market’ on the basis of a singular feature in the impugned goods (car in this case).
Public performance when content is provided to individual viewers · 2014-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/public-performance-when-content-is-provided-to-individual-viewers · The US Supreme Court on 25-6-2014 held that in enabling subscribers to view broadcast of copyrighted content, using individual antennae, both elements of ’performance’ and ‘public’ were satisfied and such activity amounted to infringement.
Registration under Section 33(3) of Copyright Act essential to administer license · 2014-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/news/registration-under-section-33-3-of-copyright-act · The Bombay High Court on 26-6-2014 has held that only a society registered under Section 33(3) of the Copyright Act, 1957 (amended in 1994), can carry on the business of issuing and granting licenses.
Anti-dumping duty – Extension after expiry of original notification, not valid · 2014-07-21 · Customs · https://www.lkslaw.com/insights/news/anti-dumping-duty-extension-after-expiry-of-original-notification-not-valid · Anti-dumping duty cannot be extended by amending notification issued after expiry of the original notification imposing definitive ADD.
Budget 2014 – Advance Rulings and Stay/pre-deposit provisions to be amended · 2014-07-10 · Direct Tax · https://www.lkslaw.com/insights/news/budget-2014-advance-rulings-and-stay-provisions-amended · Budget 2014 though on one hand brings some benevolent provisions in respect of applicability of Advance Ruling provisions to Private Limited Companies, the discretion of the Tribunal or the Commissioner (Appeals) in respect of grant of waiver of pre-deposit while filing appeals seems to have been withdrawn.
US Supreme Court reiterates inherent exception to patentability and test of inventive step · 2014-06-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/us-supreme-court-reiterates-inherent-exception · In Alice Corporation Pty. Ltd. v. CLS Bank International, decided on 19-6-2014, the US Supreme Court held that the respondent patents – method claim were invalid.
Patents - No strict rule of presumption of validity · 2014-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/patents-no-strict-rule-of-presumption-of-validity · 20 June, 2014 There is no presumption of validity attached to a patent and hence challenge to it in an infringement proceeding cannot be set aside by taking presumptive approach. Observing that in a counterclaim, the six year rule, as held in various judgments, will not help the patentee if the
No inducement to infringe without direct infringement · 2014-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-inducement-to-infringe-without-direct-infringement · Reasoning that protection under patent laws is for a set of claimed elements, the Supreme Court of USA has on 2-6-2014 held that when there is no direct infringement, a person cannot be liable for inducing infringement.
Tax reforms panel suggests big, rapid changes · 2014-06-20 · Direct Tax · https://www.lkslaw.com/insights/news/tax-reforms-panel-suggests-big-rapid-changes · The Tax Administration Reform Commission (TARC) headed by Dr. Parthasarathi Shome has suggested merging of two Boards – Central Board of Excise & Customs (CBEC) and Central Board of Direct Taxes (CBDT).
Filter of extraordinary event in transfer pricing analysis · 2014-06-20 · Direct Tax · https://www.lkslaw.com/insights/news/filter-of-extraordinary-event-in-transfer-pricing-analysis · Even while being largely factual, transfer pricing cases make an interesting read and bring out new arguments.
Digital fair copies of copyrighted material · 2014-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/digital-fair-copies-of-copyrighted-material · An opinion and a judgement, on either side of the Atlantic Ocean published within a span of five days dealt with exceptions from copyright available to institutions when books – copyrighted or otherwise were digitised and made available to the public.
Reasonable expectations on Non-Violate clause in TRIPS agreement · 2014-06-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/reasonable-expectations-on-non-violate-clause-in-trips-agreement · The USA has called for ending the moratorium on complaints based on the non-violate clause in the TRIPS agreement.
E-voting clarified · 2014-06-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/e-voting-clarified · Voting through electronic means i.e. e-voting as contained in Section 108 of the Companies Act, 2013 read with Rule 20 of the Companies (Management and Administration) Rules, 2014 is not mandatory till 31st of December, 2014.
Appointment of Independent Directors – Certain issues clarified · 2014-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/appointment-of-independent-directors-certain-issues-clarified · Ministry of Corporate Affairs has clarified that transactions like availing telecom services, courier services, etc.
Committees to be constituted within one year · 2014-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/committees-to-be-constituted-within-one-year · Public companies with a paid up capital of Rs. 10 crore or more, or having turnover of Rs. 100 crore or more, or having in aggregate, outstanding loans or borrowings or debentures or deposits exceeding Rs. 50 crore and/or more, and which were not required to constitute Audit Committee or the Nomination and Remuneration Committee under the erstwhile Companies Act, 1956, are now required to constitute same within specified time.
CLB not empowered to order issue of shares · 2014-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/clb-not-empowered-to-order-issue-of-shares · The Company Law Board (CLB) does not have power under Section 111 of the Companies Act, 1956 to decide on right to shares and decree suits for specific performance as well as order rectification of register.
Method claims - SC rules on inducement & infringement · 2014-06-11 · (no practice area listed) · https://www.lkslaw.com/insights/news/method-claims-sc-rules-on-inducement-infringement · The US Supreme Court, on 2-6-2014, held that the petitioner was not liable for inducing patent infringement when it required third parties (customer) to carry out certain steps of the process covered by the method patent of the respondent [Limelight Networks Inc v. Akamai Technologies, No. 12–786].
Reference to arbitration in cases of void or voidable contracts – SC lays down guidelines · 2014-06-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/reference-to-arbitration-in-cases-of-void-voidable-contracts · The Supreme Court of India has, on 28th of May, 2014 declined to accept the proposition that whenever a contract is alleged to be void ab-initio, the courts exercising jurisdiction under Section 8 and Section 11 of the Arbitration and Conciliation Act, 1996 are rendered powerless to refer the disputes to arbitration.
HDPE fabric is artificial silk · 2014-06-05 · Direct Tax · https://www.lkslaw.com/insights/news/hdpe-fabric-is-artificial-silk · The High Court of Punjab & Haryana recently examined warp and weft to judge if HDPE woven fabric is artificial silk [A.R. Plastic P. Ltd. v. State of Haryana].
Multilateralism to stay despite RTAs - WTO Annual Report, 2014 · 2014-06-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/multilateralism-to-stay-despite-rta-wto-annual-report-2014 · The WTO released its Annual Report on 28-5-2014. Not surprisingly, the ‘Bali Package’ has been highlighted as an important milestone in negotiations.
Copyright of design when the same not registered under Designs Act · 2014-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-of-design-when-the-same-not-registered-under-designs-act · Drawing/design which is an artistic work under the Copyright Act, as also under the Designs Act, 2000, if not registered under the latter Act, will have protection under the Copyright Act only till the design is used not more than 50 times by an industrial process to produce an article.
Bombay High Court rules on meeting requirements · 2014-05-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/bombay-high-court-rules-on-meeting-requirements · Even as the new Companies Act continues to unfold slowly, issues of interpretation and conflicts have started to appear.
Non-competitor cannot be held liable for denial of market access · 2014-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/non-competitor-cannot-be-held-liable-for-denial-of-market-access · The Competition Appellate Tribunal (COMPAT) has overruled the ruling given by Competition Commission of India in 2012 [Please refer Corporate Amicus-July 2012 issue for CCI Order] imposing penalty on cable operators for denial of market access to the broadcasters and other stakeholders, by certain cable operators who worked as a group, and hence acting in contravention to Section 4(2)(c) of the Competition Act, 2002.
Purchase of goods for execution of building contracts – concessional rate can be availed · 2014-05-16 · Direct Tax · https://www.lkslaw.com/insights/news/purchase-of-goods-for-execution-of-building-contracts · The Calcutta High Court in Joyrath Projects P ltd v. Sales Tax Officer [W. P. No. 19185 (w) of 2013], had occasion to examine ‘transfer of property’ and determine whether good purchased for use in works contract being a building contract amounted to sale as per the Central Sales Tax Act.
Public offer as per Takeover Regulations includes voluntary open offer - Economic viability not ground for withdrawal · 2014-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/public-offer-takeover-regulations-includes-voluntary-open-offer · The fundamental issue which arose in this appeal before Supreme Court was whether an open offer voluntarily made through a public announcement for purchase of shares of the target company can be permitted to be withdrawn under Regulation 23(1)(d) of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘New Takeover Regulations’) on the ground that the voluntary open offer has become financially unviable.
Refund of ADD – Applicability of provisions of Customs Act · 2014-05-08 · Customs · https://www.lkslaw.com/insights/news/refund-of-add-applicability-of-provisions-of-customs-act · Delhi High Court has held that in the absence of Rules under Section 9AA(2)(i) of the Customs Tariff Act, 1975, limitation period of one year for making a refund application would be as indicated in Section 27(1B)(b) of the Customs Act, 1962, in the facts of the case.
Cleaning up advertisements · 2014-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/cleaning-up-advertisements · Businessmen should perhaps perfect the art of conveying only pleasant truths. While in the above cases, the words did not move beyond mere lauding, in Reckitt Benckiser v. Hindustan Lever Limited, the words/combination of and the depiction travelled far beyond – to disparagement.
Combining words to allure, inform and also to be purely functional as a mark · 2014-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/combining-words-to-allure-inform-and-also-to-be-purely-functional-as-a-mark · A mere laudatory expression cannot be trademarked. It should be something more, but not just informational though it may be identified with the goods.
Passing off action by former licensee – Trademark not to confine to particular product · 2014-04-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/passing-off-action-by-former-licensee-trademark-not-to-confine-to-particular-product · Rajasthan High Court has on 31-3-2014 held that in cases of passing off, the question is no longer of “common field of activity”, but is of “common class of consumers”.
Target discounts when not make prices discriminatory · 2014-04-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/target-discounts-when-not-make-prices-discriminatory · Competition Appellate Tribunal (COMPAT) has on 2nd of April 2014 held that price and conditions can be said to be discriminatory, if and only if, they are different for the same quantities of the same product.
Arbitration – Absence of express intention · 2014-04-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-absence-of-express-intention · Supreme Court of India has on 7-4-2014 held that in the absence of an arbitration clause (or intention for same) in an agreement, as defined in sub-section (4) of Section 7 of the Arbitration and Conciliation Act, 1996, the dispute between Power Transmission Corporation Limited v. Deepak Cables (India) Ltd. cannot be referred to the arbitral tribunal for adjudication.
Combination regulations under Competition Act, amended · 2014-04-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/combination-regulations-under-competition-act-amended · Competition Commission of India (CCI) has amended the Competition Commission of India (Procedure in regard to the Transaction of Business relating to Combinations) Regulations, 2011.
Combination regulations under Competition Act, amended · 2014-04-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/combination-regulations-under-competition-act · Competition Commission of India (CCI) has amended the Competition Commission of India (Procedure in regard to the Transaction of Business relating to Combinations) Regulations, 2011.
Payment to Service PE for technical services when effectively connected · 2014-03-28 · Direct Tax · https://www.lkslaw.com/insights/news/payment-to-service-pe-for-technical-services-when-effectively-connected · The importance/ impact of terms in agreements and terms of the agreement were brought to fore in the recent ruling of ITAT, Delhi in DDIT v. JC Bamford Excavators Ltd. [Order dated 14-3-2014].
Calcutta High Court rules on protection to design · 2014-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/calcutta-high-court-rules-on-protection-to-design · The Calcutta High Court, recently had an occasion to examine the scope of protection to design. In this case [Kent RO Systems v. Sandeep Agarwal, Order dated 30-1-2014], the Calcutta High Court declined to follow the majority decision of Delhi High Court in Micolube India Limited v. Rakesh Kumar [Order dated 15-5-2013] which supported common law rights and claim of passing off in respect of design but found the minority decision more appealing.
A prayer to trademark pretzel dismissed · 2014-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/a-prayer-to-trademark-pretzel-dismissed · In Fritolay Division v. Princeton Vanguard the defendant found how difficult it could be to trademark a centuries old food item. Pretzel said to have originated in Germany dating to the 16th century is a baked bread with intertwined knot like appearance as if hands folded in prayer.
Trademarks – Protection of well-known trademarks used in dissimilar services · 2014-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-protection-of-well-known-trademarks-used-in-dissimilar-services · The Delhi High Court has granted interim injunction in case of use of mark ‘BRAHMOS’ in relation to educational services.
The overall appeal of a design · 2014-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/the-overall-appeal-of-a-design · An award-winning design that appeals to children, toymakers and, in all likelihood, to IP lawyers was at the heart of the decision by the England and Wales Court of Appeals (Civil Division).
Draft guidelines for examination of pharma patent applications · 2014-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/draft-guidelines-for-examination-of-pharma-patent-applications · The Indian Patent Office has, on 28-2-2014, issued draft guidelines for examination of patent applications in the field of pharmaceuticals. Comments from the public have been invited by 21st March, 2014.
Appeals to DSB Appellate Body on the rise: Annual Report · 2014-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/appeals-to-dsb-appellate-body-on-the-rise-annual-report · The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) has issued its annual report elaborately explaining its procedures and working, while also thoroughly summarizing the reports circulated in year 2013.
Arbitration – Separate application under Section 8 not required · 2014-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/arbitration-separate-application-under-section-8-not-required · The Delhi High Court has held that separate application under Section 8 of the Arbitration and Conciliation Act, 1996 is not necessary.
CSR provisions to come into force from 1st April 2014 · 2014-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/csr-provisions-to-come-into-force-from-1st-april-2014 · Section 135 of Companies Act, 2013 (Act) and Schedule VII demarcating Corporate Social Responsibilities (CSR) of companies in India shall come into force from 1-4-2014.
No cartelization by asbestos cement sheet manufacturers · 2014-03-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/no-cartelization-by-asbestos-cement-sheet-manufacturers · Competition Commission of India has on 11-2-2014 in Suo-Motu Case No. 1 of 2012, held that there is no evidence to suggest cartelization by asbestos cement sheet (ACS) manufacturers and the provisions of Section 3(3) read with Section 3(1) of the Competition Act, 2003 have not been contravened.
Metallised yarn - A case on classification · 2014-03-14 · Direct Tax · https://www.lkslaw.com/insights/news/metallised-yarn-a-case-on-classification · An importer praying for levy of higher amount of customs duty makes for a very good yarn. The case Best Key Textiles Ltd v. United States may not have settled the issue for once and for all as to what is metallised yarn but it provides an interesting insight into arriving at a classification and whether it can be argued that levy of lower customs duty is a trade rather than revenue tool.
Dominant intention and common parlance – Recent VAT orders · 2014-02-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/dominant-intention-and-common-parlance-recent-vat-orders · In a spate of interesting judgements delivered recently, the Allahabad High Court provided refreshing insight into classification and taxability under VAT laws.
Use of keywords when amounts to commercial communication · 2014-02-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/use-of-keywords-when-amounts-to-commercial-communication · Examining damage to origin function, the advertisement function and the investment function of trademark when the word /mark ‘lush’ is used in the site of the online retailer (defendant) though the trademarked products are not sold , the High Court (UK – Chancery Division – Intellectual Property) upheld the claim of infringement.
Communication to public must be to ‘new public’ · 2014-02-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/communication-to-public-must-be-to-new-public · Providing clickable links which lead the user to copyrighted material otherwise available to public is not unauthorised communication.
Seizing essence of IP protection · 2014-02-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/seizing-essence-of-ip-protection · Time and again the question of when and how Customs can aid in enforcement of IP rights has come before the courts. It was the CJEU’s turn, answering a reference by the Danish court, to interpret Council Regulation (EC) No 1383/2003 of 22 July 2003, on measures to be taken against goods suspected of infringing IPR.
Competition law – Penalty on employee · 2014-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-law-penalty-on-employee · The Competition Appellate Tribunal (COMPAT) has upheld personal penalty on employees of the company after noting that the persons were involved in the process of taking coordinated action together with other producers/directors in boycotting multiplexes for release of films.
Employees seconded to liaison office in India - FEMA not applicable · 2014-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/employees-seconded-to-liaison-office-in-india-fema-not-applicable · Delhi High Court has held that expatriate employees of the Head Office (HO) of foreign company, posted in India with the Liaison Office (LO) in India, continue to be employees of the HO.
Third party payments for export/import transactions – Conditions relaxed · 2014-02-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/third-party-payments-for-export-import-transactions-conditions-relaxed · The Reserve Bank of India has liberalized norms for third party payments in foreign trade transactions.
Interim Budget – Relief to certain sectors · 2014-02-18 · Direct Tax · https://www.lkslaw.com/insights/news/interim-budget-relief-to-certain-sectors · In the Indian Interim Budget 2014 certain changes have been made in the tariff structure in respect of excise and customs duties besides extending exemption from service tax to two sectors.
ITAT examines ALP and market price and carbon credit · 2014-02-04 · Direct Tax · https://www.lkslaw.com/insights/news/itat-examines-alp-and-market-price-and-carbon-credit · Dealing with an interesting basket of disputes, the ITAT, Jaipur, on 27th January, 2014, decided two important questions. One related to the ‘market price’ of power purchased (consumed) calculated at ‘arm’s length’ by the assessee, and other relating to carbon credits.
Unwritten contract restraining competition is anti-competitive · 2014-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/unwritten-contract-restraining-competition-is-anti-competitive · Unwritten contract between the two opposite parties that it will not allow the competition of informant with one of the opposite parties has been, prima facie, held as anti-competitive by the Competition Commission of India (CCI).
Penalty for non-disclosure of share-holding pattern · 2014-01-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/penalty-for-non-disclosure-of-share-holding-pattern · Penalty for non-disclosure of share-holding pattern was at the center of disputes this month before the Securities Appellate Tribunal (SAT).
Pricing Guidelines for FDI instruments with optionality clauses · 2014-01-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/pricing-guidelines-for-fdi-instruments-with-optionality-clauses · The Reserve Bank of India has laid down guidelines for buy-back of certain securities from investors residing outside India, who had been issued these securities under the Foreign Direct Investment (FDI) Scheme.
ITAT examines purchase of goods in India for the purpose of export · 2014-01-16 · Direct Tax · https://www.lkslaw.com/insights/news/itat-examines-purchase-of-goods-in-india-for-the-purpose-of-export · In its recent decision dated 10-1-2014, [Tesco International Sourcing v. DDIT] the ITAT (Bangalore) had occasion to examine ‘Purchase of goods in India for the purpose of export’.
Construction of floating restaurant is works contract · 2014-01-16 · Direct Tax · https://www.lkslaw.com/insights/news/construction-of-floating-restaurant-is-works-contract · Contract for construction of a restaurant that was supposed to be floating on the lake will amount to works contract and not outright sale of movable property, according to a recent ruling of Division Bench of the Kerala High Court.
Cenvat credit and physical fitness of employees · 2014-01-16 · Direct Tax · https://www.lkslaw.com/insights/news/cenvat-credit-and-physical-fitness-of-employees · The CESTAT in a recent case has held that service of gym instructor is essential for the physical fitness of employees and being necessary inputs, Cenvat credit of Service Tax would be admissible on such service.
Exploiting elements in public domain · 2014-01-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/exploiting-elements-in-public-domain · ‘What one man can invent, another can discover’ – Arthur Conan Doyle’s words spoken through Sherlock Holmes on deciphering the code which used figures of dancing men. Perhaps, it could apply to the imagination of a creative human mind.
Registration under Insecticides Act when process patented by another · 2014-01-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/registration-under-insecticides-act-when-process-patented-by-another · The Division Bench of Kerala High Court recently declined to interfere in the grant of registration under Insecticides Act, for manufacture of a particular insecticide, when the process of its manufacture was patented by another company-appellant in this case.
TP adjustment on delayed receipt of sales proceeds · 2014-01-16 · Direct Tax · https://www.lkslaw.com/insights/news/tp-adjustment-on-delayed-receipt-of-sales-proceeds · The issue of interest on delayed payments, since the payer is to benefit from interest free funds has given rise to many disputes on whether adjustment should be made and if so what would be a reasonable rate at which such interest will be deemed to have been earned.
IPRs on the rise – WIPO Report · 2013-12-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/iprs-on-the-rise-wipo-report · WIPO released the 2013 edition of World Intellectual Property Indicators, earlier this month. It is based on data from national and regional offices, WIPO, World Bank and UNESCO.
Transmission Licence – Fee reimbursement from beneficiaries · 2013-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/transmission-licence-fee-reimbursement-from-beneficiaries · The Electricity Appellate Tribunal has held that the transmission licensee, not paying any license fee prior to the amendment, is entitled to reimbursement of the said licence fee paid by it later and that the same can be directed to be passed through to the beneficiaries.
SC on powers of TRAI and TDSAT · 2013-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/news/sc-on-powers-of-trai-and-tdsat · The Supreme Court of India has held that exercise of power by the Telecom Regulatory Authority of India (TRAI) under Section 36(1) of the Telecom Regulatory Authority of India Act, 1997 is not controlled or limited by Section 36(2) or Sections 11, 12 and 13.
ITAT discusses FII’s loss on derivative transactions · 2013-12-13 · Direct Tax · https://www.lkslaw.com/insights/news/itat-discusses-fii-loss-on-derivative-transactions · Is loss on derivative transactions assessable as business loss? This was the question before the Tribunal in Platinum Asset Management Ltd v. DDIT.
US Supreme Court to debug software patent eligibility · 2013-12-12 · (no practice area listed) · https://www.lkslaw.com/insights/news/us-supreme-court-to-debug-software-patent-eligibility · 12 December, 2013 The Supreme Court of US admitted the petition of certiorari filed by Alice Corporation to review the judgement of the Federal Circuit in CLS Bank Int’l v. Alice Corp.,717 F.3d 1269 (Fed. Cir. 2013). The petition prays for clarity and certainty in testing patent-eligibility of c
Consensus on global trade deal at Bali Ministerial meet · 2013-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/consensus-on-global-trade-deal-at-bali-ministerial-meet · Bali witnessed a meeting of minds and WTO members managed to agree on certain items of the vast agenda which was on the table.
Search engine giant succeeds on plea of fair use · 2013-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/search-engine-giant-succeeds-on-plea-of-fair-use · The Authors Guild (plaintiff) claimed that by scanning more than twenty millions books, providing verbatim snippets of text to aid in searching and retaining scan copies of books, providing such complete scans to libraries, Google (defendant) had infringed their rights.
Divisional applications - EPO announces changes · 2013-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/divisional-applications-epo-announces-changes · Amendments to Rules 36, 38, and 135 of European Patent Convention (EPC) are set to come into effect from 1-4-2014.
Trademarks – Use not proved by registration alone · 2013-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademarks-use-not-proved-by-registration-alone · Intellectual Property Appellate Board (India) has allowed rectification application of a confectionary major in respect of various trademarks of another major, concerning word ‘Eclairs’.
Jurisdiction of Central Electricity Regulatory Commission · 2013-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/jurisdiction-of-central-electricity-regulatory-commission · Central Electricity Regulatory Commission does not have jurisdiction to adjudicate a dispute between two licensees relating to charges for operation and maintenance of a part of inter-State transmission system which is owned by one of the licensees and operated and maintained by the other licensee for or on behalf of the former.
Third party payments allowed for import and export transactions · 2013-11-15 · (no practice area listed) · https://www.lkslaw.com/insights/news/third-party-payments-allowed-for-import-and-export-transactions · Reserve Bank of India has allowed third party payments for import and export transactions. As per A.P. DIR Circular No. 70, dated 8-11-2013, such transactions shall be subject to the conditions such as availability of tripartite agreement, declaration in Export Declaration Form (EDF), mention in bill of entry and invoice, reporting of outstanding, etc.
Delhi HC rules on interest liability under Section 234B · 2013-11-15 · Direct Tax · https://www.lkslaw.com/insights/news/delhi-hc-rules-on-interest-liability-under-section-234-b · Reinforcing, perhaps, the significance of finer distinctions in fact situations and observing that tax laws have to be interpreted at times with a touch of equity, the Delhi High court in DIT –I v.
Amnesty scheme to regularize export obligation default cases · 2013-10-28 · Customs · https://www.lkslaw.com/insights/news/amnesty-scheme-to-regularize-export-obligation-default-cases · Indian Ministry of Commerce has prescribed a procedure for regularization of Export Obligation (EO) default cases under Advance authorization, DFIA and EPCG Schemes.
Factory canteens exempted from service tax · 2013-10-25 · (no practice area listed) · https://www.lkslaw.com/insights/news/factory-canteens-exempted-from-service-tax · Catering service provided in canteen maintained in a factory has been exempted from service tax. Notification No. 14/2013-S.T. dated 22-10-2013 has been issued by CBEC to insert entry no. 19A in the mega exemption Notification No. 25/2012-ST.
US not to impose countervailing duty on Indian shrimp · 2013-09-26 · Customs · https://www.lkslaw.com/insights/news/us-not-to-impose-countervailing-duty-on-indian-shrimp · The United States International Trade Commission (USITC) has, on 20-9-2013, determined finally that U.S. industry is neither materially injured nor threatened with material injury by imports of frozen warm water shrimp from India.
Services provided to educational institutions – Exemption clarified · 2013-09-26 · (no practice area listed) · https://www.lkslaw.com/insights/news/services-provided-to-educational-institutions-exemption-clarified · Services like hostels, housekeeping, security, canteen and transport services to ferry students are exempted from service tax if provided to an educational institution. These services are exempted if the same are provided in respect to service which is exempt/not liable to service tax.
Copyright - Common law remedy cannot override specific statute · 2013-09-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/copyright-common-law-remedy-cannot-override-specific-statute · Examining the claim to protection of quasi-property rights in (match related) information as against the rights envisaged in Section 16 of the Copyright Act of 1957, the Division Bench of the Delhi High Court held that there are no proprietary rights over facts and information and cannot be created by judicial intervention.
Novel claim without technical contribution – patentability not satisfied · 2013-09-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/novel-claim-without-technical-contribution-patentability-not-satisfied · The High Court of Justice, England has declined to interfere in the case pertaining to denial of patent to a claim envisaging two computers connected via the internet where the software moves data from one computer to another using a conventional email technique.
New Companies Act comes into force · 2013-09-06 · (no practice area listed) · https://www.lkslaw.com/insights/news/new-companies-act-comes-into-force · The Companies Bill 2012 received Presidential assent on 29th August 2013, after scores of amendments and years of debates and discussions, particularly on points like mandatory spending on corporate social responsibility (CSR), investor protection measures and one person company.
Medicament or cosmetic – Supreme Court decides whether product cures or cares · 2013-08-19 · Direct Tax · https://www.lkslaw.com/insights/news/medicament-or-cosmetic-supreme-court-decides-whether-product-cures-or-cares · A product used mainly to cure or treat diseases, containing curative ingredients even in small quantities, is to be considered as a medicament.
CCI imposes penalty for near identical rates and quantity restrictions · 2013-08-14 · (no practice area listed) · https://www.lkslaw.com/insights/news/cci-imposes-penalty-for-near-identical-rates-and-quantity-restrictions · Penalty at the rate of 5% of the average turnover was imposed by the Competition Commission of India (CCI) on various manufacturers of Polyester Blended Duck Ankle Boot Rubber Sole.
Service Tax Amnesty Scheme clarified · 2013-08-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/service-tax-amnesty-scheme-clarified · The Central Board of Excise & Customs (CBEC) has, by Circular No. 170/5/2013-ST, dated 8-8-2013, clarified certain issues relating to the amnesty scheme introduced through this year’s budget – Voluntary Compliance Encouragement Scheme or VCES.
India moves forward for more FDI in specified sectors · 2013-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/india-moves-forward-for-more-fdi-in-specified-sectors · The policy of Foreign Direct Investment (FDI) in ten sectors, including telecom and defence has been further liberalized.
Securities laws amended - Certain unlisted firms under SEBI purview · 2013-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/securities-laws-amended-certain-unlisted-firms-under-sebi-purview · Securities and Exchange Board of India Act, 1992, Securities Contracts (Regulation) Act, 1956 and the Depositories Act, 1996 have been amended by Securities Laws (Amendment) Ordinance, 2013.
IPAB has power to review own orders · 2013-07-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/ipab-has-power-to-review-own-orders · The Intellectual Property Appellate Board (IPAB) has held that it has the power to review its own orders.
IPAB has power to grant interim stay · 2013-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/news/ipab-has-power-to-grant-interim-stay · A Larger Bench of the Intellectual Property Appellate Board (IPAB) has held that it has power to grant interim stay. It observed that if it were to hold that IPAB has no power to entertain any interim application or to pass orders thereon, it would result in collapse of the purpose for which the Boa
Enforceability of foreign arbitration awards in India · 2013-07-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/enforceability-of-foreign-arbitration-awards-in-india · The Supreme Court of India has held that enforcement of foreign award would be refused under Section 48(2)(b) of the Arbitration and Conciliation Act, 1996 only if such enforcement would be contrary to (i) fundamental policy of Indian law; or (2) the interests of India; or (3) justice or morality; and the enforcing court does not exercise appellate jurisdiction at the time of enforcing the award.
Service tax on restaurants & accommodation struck down · 2013-07-12 · Direct Tax · https://www.lkslaw.com/insights/news/service-tax-on-restaurants-accommodation-struck-down · The Kerala High Court has, on 3-7-2013, struck down the levy of service tax on restaurants and on service of providing short term accommodation.
Indian Customs introduces RMS for exports · 2013-06-26 · Customs · https://www.lkslaw.com/insights/news/indian-customs-introduces-rms-for-exports · To enable the Customs department to enhance the level of facilitation and speed up the process of cargo clearance, Risk Management System (RMS) is set to be introduced for exports from India.
Discovery of naturally occurring DNA not patentable · 2013-06-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/discovery-of-naturally-occurring-dna-not-patentable · The United States Supreme Court has held that naturally occurring DNA, isolated from the rest of the human genome is not patentable but synthetically created DNA or cDNA (complimentary DNA) can be patented.
Articles of Association shall prevail - Delhi HC · 2013-06-24 · (no practice area listed) · https://www.lkslaw.com/insights/news/articles-of-association-shall-prevail-delhi-hc · The High Court of Delhi has overruled the decision of the Company Law Board (CLB) wherein the CLB had held that since there was no bar on affirmative vote in the Articles of Association of the company, a provision in a Joint Venture Agreement providing for affirmative votes must be given effect to even if it is not incorporated in the Articles of Association of the company.
Madrid Protocol – Indian accession comes into effect from 8th July · 2013-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/madrid-protocol-indian-accession-comes-into-effect-from-8th-july · India, on 8th April 8, 2013, acceded to the protocol relating to the Madrid Agreement concerning International Registration of Trade Marks, known as Madrid Protocol, by depositing its instrument of accession with the World Intellectual Property Organization (WIPO).
FDI in multi-brand retailing clarified · 2013-06-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/fdi-in-multi-brand-retailing-clarified · The Department of Industrial Policy and Promotion (DIPP) has clarified the conditions to be satisfied to seek approval for foreign direct investment (FDI) in multi-brand retailing.
Purchase of goods on behalf of foreign buyer can be ‘purchase of goods for export’ · 2013-06-21 · Customs · https://www.lkslaw.com/insights/news/purchase-of-goods-on-behalf-of-foreign-buyer-can-be-purchase-of-goods-for-export · The Karnataka High Court examined the issue of income arising or accruing or deemed to arise or accrue in India when certain allied activities like quality control are undertaken while acting as liaison between manufacturers and the head office.
Customs valuation databases not for setting minimum values – WCO · 2013-06-14 · Customs · https://www.lkslaw.com/insights/news/customs-valuation-databases-not-for-setting-minimum-values-wco · The World Customs Organisation (WCO) has recommended that its members use customs valuation databases as a risk management and analysis tool and not use them to set minimum values for the purposes of customs valuation.
Passing off in designs and infringement by registered design holder · 2013-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/news/passing-off-in-designs-and-infringement-by-registered-design-holder · A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against a person who is also in possession of a registered design.
Competition Tribunal stays penalty on cement manufacturers · 2013-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/competition-tribunal-stays-penalty-on-cement-manufacturers · Competition Appellate Tribunal (COMPAT) has granted stay on penalty imposed on various cement manufacturers, subject to depositing 10% of the penalty within one month of its order.
Patent exhaustion does not apply to reproductions · 2013-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/patent-exhaustion-does-not-apply-to-reproductions · The US Supreme Court has held that patent exhaustion does not permit a farmer to reproduce patent­ed seeds through planting and harvesting without the patent holder’s permission.
FDI policy in multi brand retail upheld by SC · 2013-05-21 · (no practice area listed) · https://www.lkslaw.com/insights/news/fdi-policy-in-multi-brand-retail-upheld-by-sc · A three judge bench of the Supreme Court has dismissed the petition challenging the FDI policy in multi-brand retail.
Amnesty Scheme in Service Tax is operational · 2013-05-15 · Direct Tax · https://www.lkslaw.com/insights/news/amnesty-scheme-in-service-tax-is-operational · An amnesty scheme ‘Voluntary Compliance Encouragement Scheme’ has become operational from 10th May, 2013 consequent to issuance of related rules. The Central Board of Excise & Customs has issued Notification No. 10/2013-S.T., dated 13-5-2013 framing the Service Tax Voluntary Compliance Encouragement Rules, 2013.
Tablet computers classifiable as computers and not as mobile · 2013-05-15 · Customs · https://www.lkslaw.com/insights/news/tablet-computers-classifiable-as-computers-and-not-as-mobile · Machines commercially referred to as “Tablet Computers” are more appropriately classifiable in Heading 8471, sub-heading 8471 30 of the Customs Tariff and not under Heading 8517 as mobile phones.
Parallel behavior of non-participation in bid is anti-competitive · 2013-05-10 · (no practice area listed) · https://www.lkslaw.com/insights/news/parallel-behavior-of-non-participation-in-bid-is-anti-competitive · The Competition Appellate Tribunal in a recent order has held that behaviour of the explosive manufacturers in boycotting the bid for supply to Coal India as anti-competitive but the deterrent punishment should not be so much as to affect their ability to deliver the goods in an efficient manner.
ITAT explains international transaction · 2013-05-09 · Direct Tax · https://www.lkslaw.com/insights/news/itat-explains-international-transaction · In a recent order, the Income Tax Appellate Tribunal (ITAT), Mumbai had the occasion to go into the question of what is or is not an international transaction. The parent company of the appellant had sold its imaging business, globally.
Mere viewing of content on computer screen cannot be infringement · 2013-05-09 · (no practice area listed) · https://www.lkslaw.com/insights/news/mere-viewing-of-content-on-computer-screen-cannot-be-infringement · Infringement due to creation of transient or temporary copies being made in course of transmission though legal by itself has been debated time and again.
Trademark – IPAB relies on twin test of prior use and confusion · 2013-04-29 · (no practice area listed) · https://www.lkslaw.com/insights/news/trademark-ipab-relies-on-twin-test-of-prior-use-and-confusion · Granting a break to Nestle, the Indian Intellectual Property Appellate Board (IPAB) has allowed their application for registration of mark “Kit Kat” used in respect of ­­wafer chocolates and cereals while denying same to M/s. Kit Kat Foods India Ltd.
International exhaustion in copyright · 2013-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/international-exhaustion-in-copyright · Even as the dissenting judges voiced their reservations, the US Supreme Court recognised the principle of international exhaustion in the case of Kirtsaeng, DBA Bluechristine v. John Wiley & Sons.
Advocating the case for patent agents · 2013-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/advocating-the-case-for-patent-agents · In the recent decision on Novartis’ case, the Supreme Court of India observed that scope of a patent claim should not be determined by artful drafting by skilful lawyers.
Takeover Regulations amended · 2013-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/takeover-regulations-amended · SEBI has amended SEBI (Substantial Acquisition of Shares and Takeovers) Regulations 2011. The major changes are in relation to timing of making a public announcement in case of successive and connected acquisitions of shares or voting rights in the target company.
Revised FDI Policy released · 2013-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/revised-fdi-policy-released · Consolidated and revised Foreign Direct Investment (FDI) Policy has been issued by the Department of Industrial Policy and Promotion in the Ministry of Commerce & Industry.
TRAI caps duration of TV advertisements · 2013-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/trai-caps-duration-of-tv-advertisements · The Telecom Regulatory Authority of India (TRAI) has amended the Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012 to impose a cap of twelve minutes per hour on commercial advertisements.
Foreign Trade Policy annual supplement 2013 released · 2013-04-18 · (no practice area listed) · https://www.lkslaw.com/insights/news/foreign-trade-policy-annual-supplement-2013-released · Annual Supplement to India’s present five year Foreign Trade Policy 2009-14, for facilitating and regulating exports and imports, has been announced today (18-4-2013).
Steel poles for outdoor lighting classifiable as steel structures · 2013-04-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/steel-poles-for-outdoor-lighting-classifiable-as-steel-structures · Steel poles or columns for lamp posts for outdoor lighting purposes are classifiable as steel structures and not as parts of lamps or lighting fittings.
Pandal or shamiana service is not transfer of right to use goods · 2013-04-16 · (no practice area listed) · https://www.lkslaw.com/insights/news/pandal-or-shamiana-service-is-not-transfer-of-right-to-use-goods · Activity of providing pandal and shamiana along with erection thereof and other incidental activities do not amount to transfer of right to use goods.
Supreme Court rejects patent for new form of known pharma product · 2013-04-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/supreme-court-rejects-patent-for-new-form-of-known-pharma-product · The Supreme Court of India in its recent judgment has upheld the denial of patent for the beta crystalline form of the chemical compound ‘Imatinib Mesylate’, a therapeutic drug for chronic myeloid leukemia.
Investment allowance eligibility when composite technology used · 2013-04-04 · (no practice area listed) · https://www.lkslaw.com/insights/news/investment-allowance-eligibility-when-composite-technology-used · In a recent order the Delhi High Court took a closer look at technology, its application and treatment of consideration received [Grasim Industries Ltd v. GOI, Order dated 7-3-2013].
Football pants, jerseys classifiable as apparel and not sports equipment · 2013-04-02 · (no practice area listed) · https://www.lkslaw.com/insights/news/football-pants-jerseys-classifiable-as-apparel-and-not-sports-equipment · The US Court of International Trade has held that football pants, jerseys and girdles containing interior sleeves specifically designed to hold in place pads and other protective articles, but imported without these padding, are classifiable as articles of apparel under Chapter 61 or 62 of Harmonized Tariff Schedule of the United States (HTSUS) and not under Chapter 95 as sports equipment.
US Supreme Court rules on infringement in case of lawful importation · 2013-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/news/us-supreme-court-rules-on-infringement-in-case-of-lawful-importation · In its decision dated 19-3-2013 the US Supreme court granted relief to a student who had arranged for certain textbooks to be purchased in Thailand and shipped to him and had later sold the same within the United States [Kirtsaeng, DBA Bluechristine v. John Wiley & Sons, Inc]
Write-off of unrealized export bills - RBI issues new guidelines · 2013-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/news/write-off-of-unrealized-export-bills-rbi-issues-new-guidelines · Exporters, including status holders, have been allowed to self write-off unrealised export bills, subject to limits in terms of specified percentage of the proceeds realized during previous calendar year. As per Reserve Bank of India A.P.
Govt. to press CTRL button on foreign investment · 2012-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/govt-to-press-ctrl-button-on-foreign-investment · The Finance Ministry had recently suggested the Department of Industrial Policy and Promotion (DIPP), the nodal agency for foreign direct investment in India to amend the definition of ‘control’.
Scope of ECBs set to widen · 2012-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/scope-of-ecbs-set-to-widen · The Indian Government is all set to widen the scope of External Commercial Borrowings (ECB) by changing the definition of ‘infrastructure’, as approved by the Cabinet committee on infrastructure.
Service quality benchmarks for wireless data services · 2012-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/service-quality-benchmarks-for-wireless-data-services · The Telecom Regulatory Authority of India (TRAI) has released “The Standards of Quality of Service for Wireless Data Services Regulations, 2012”.
Banking mergers to face scrutiny of two regulators · 2012-12-20 · (no practice area listed) · https://www.lkslaw.com/insights/news/banking-mergers-to-face-scrutiny-of-two-regulators · Bank M&As may have to obtain clearance both from the Competition Commission of India (CCI) and Reserve Bank of India (RBI) according to recent reports.
Appointment of arbitrators – Procedures cannot be bifurcated · 2012-11-23 · Arbitration · https://www.lkslaw.com/insights/news/appointment-of-arbitrators-procedures-cannot-be-bifurcated · The Supreme Court has held that the procedure followed by the Calcutta High Court in considering applications for appointment of arbitrator(s) under Section 11 of the Arbitration and Conciliation Act, 1996 in a piecemeal manner is legally impermissible.

## Events (233)

DPDP Act, 2023 and consent framework: From collection to governance · 2026-10-28 · Data Protection & TMT · https://www.lkslaw.com/insights/events/dpdp-act-2023-and-consent-framework-from-collection-to-governance · LKS webinar | DPDP Act, 2023 and consent framework: From collection to governance
GST Rulings impacting businesses in Gujarat · 2026-10-23 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/gst-rulings-impacting-businesses-in-gujarat · LKS webinar | GST Rulings that could change your next notice
LKS and ASSOCHAM - National Conclave on GST 2.0 for structural reforms · 2026-10-22 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/lks-and-assocham-national-conclave-on-gst-2-0-for-structural-reforms · Lakshmikumaran & Sridharan Attorneys is participating in the ASSOCHAM National Conclave on GST 2.0, themed “Next Set of Structural Reforms for Viksit Bharat”, scheduled to be held in New Delhi.
RoDTEP on DFIA Exports · 2026-10-14 · Customs · https://www.lkslaw.com/insights/events/rodtep-on-dfia-exports · LKS Webinar | RoDTEP on DFIA Exports: Emerging Controversy and Legal Position
GST Council’s 57th Meeting: GST 2.0 for structural reforms · 2026-10-09 · GST Consultancy · https://www.lkslaw.com/insights/events/gst-council-s-57th-meeting-gst-2-0-for-structural-reforms · Lakshmikumaran & Sridharan Attorneys is organizing a webinar to understand the changes and how they will affect various businesses.
Employment Due Diligence in M&A Deals · 2026-10-07 · Employment Law · https://www.lkslaw.com/insights/events/employment-due-diligence-in-m-a-deals · LKS Webinar | Employment Due Diligence in M&A Deals
RBI’s 2026 Cross-Border Trade Reset: Is Your Business Ready? · 2026-10-06 · General Corporate · https://www.lkslaw.com/insights/events/rbi-s-2026-cross-border-trade-reset-is-your-business-ready · LKS Webinar | RBI’s 2026 Cross-Border Trade Reset: Is Your Business Ready?
Pharma Sector: Customs, GST and FEMA challenges · 2026-09-30 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/pharma-sector-customs-gst-and-fema-challenges · LKS Webinar | Pharma Sector: Customs and GST challenges
Data Protection: Practical aspects of implementing DPDP Act, 2023 · 2026-09-24 · Data Protection & TMT · https://www.lkslaw.com/insights/events/data-protection-practical-aspects-of-implementing-dpdp-act-2023 · IACC Seminar with LKS on DPDP Act implementation
Employee data under DPDP: The HR Playbook every CHRO needs · 2026-09-23 · Data Protection & TMT · https://www.lkslaw.com/insights/events/employee-data-under-dpdp-the-hr-playbook-every-chro-needs · LKS webinar on DPDP implementation for HR Teams
EPF wage ceiling: What employers need to know · 2026-09-22 · Employment Law · https://www.lkslaw.com/insights/events/epf-wage-ceiling-what-employers-need-to-know · LKS Webinar on EPF Wage Ceiling
Mining sector: Section 9D & the States’ power to tax minerals · 2026-09-10 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/mining-sector-section-9d-the-states-power-to-tax-minerals · LKS Webinar for Mining Sector: Introduction of Section 9D in MMDR Act
AI training & Copyright - India's AI Rulebook in the Making? · 2026-09-09 · IP Litigation · https://www.lkslaw.com/insights/events/ai-training-copyright-india-s-ai-rulebook-in-the-making · LKS is organizing a webinar on AI training & Copyright - India's AI Rulebook in the Making?
Hospitality Sector: Navigating asset-light models, management agreements, and tax implications · 2026-09-01 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/hospitality-sector-navigating-asset-light-models-management-agreements-and-tax-implications · Lakshmikumaran & Sridharan Attorneys is organizing a webinar for the Hospitality Sector, to decode recent trends and their regulatory and tax implications.
The Data Protection Matrix: How deep does the rabbit hole go and where does it end? · 2026-08-27 · Data Protection & TMT · https://www.lkslaw.com/insights/events/the-data-protection-matrix-how-deep-does-the-rabbit-hole-go-and-where-does-it-end · LKS webinar on DPDP implementation
Decoding the amendments proposed under the Taxation and Other Laws (Amendment) Act, 2026 · 2026-08-25 · Direct Tax · https://www.lkslaw.com/insights/events/decoding-the-amendments-proposed-under-the-taxation-and-other-laws-amendment-act-2026 · LKS webinar on Taxation and Other Laws Amendment Act, 2026
Navigating Customs and GST Laws: Opportunities, Compliance and Risk Mitigation · 2026-08-21 · Customs · https://www.lkslaw.com/insights/events/navigating-customs-and-gst-laws-opportunities-compliance-and-risk-mitigation · IBL seminar with LKS | Customs and GST | Kolkata
Books Closing 2026: Key takeaways for CHROs and CFOs from Labour Codes · 2026-08-21 · Employment Law · https://www.lkslaw.com/insights/events/books-closing-2026-key-takeaways-for-chros-and-cfos-from-labour-codes · LKS webinar on Employment Law Practice
Part 2 - Navigating Tax and FEMA compliance for Expats · 2026-08-20 · Direct Tax · https://www.lkslaw.com/insights/events/part-2-navigating-tax-and-fema-compliance-for-expats · LKS webinar | Navigating Tax and FEMA compliance for Expats
MOOWR scheme – When to opt, benefits, challenges and opportunities · 2026-08-13 · Customs · https://www.lkslaw.com/insights/events/moowr-scheme-when-to-opt-benefits-challenges-and-opportunities · LKS webinar on MOOWR Scheme
Part 1 - Navigating Tax and FEMA compliance for Expats · 2026-08-06 · Direct Tax · https://www.lkslaw.com/insights/events/part-1-navigating-tax-and-fema-compliance-for-expats · LKS webinar | Navigating Tax and FEMA compliance for Expats
Navigating the Complexities of Cross-Border Business Operations · 2026-07-30 · Direct Tax · https://www.lkslaw.com/insights/events/navigating-the-complexities-of-cross-border-business-operations · IACC seminar with LKS | Cross Border Business Operations
The Odyssey - OpenAI survives ANI's first storm · 2026-07-28 · Data Protection & TMT · https://www.lkslaw.com/insights/events/the-odyssey-openai-survives-ani-s-first-storm · LKS Webinar | The Odyssey - OpenAI survives ANI's first storm
Charitable Institutions: Decoding recent developments in FCRA and Income-tax · 2026-07-23 · Direct Tax · https://www.lkslaw.com/insights/events/charitable-institutions-decoding-recent-developments-in-fcra-and-income-tax · Lakshmikumaran & Sridharan (LKS) is organizing a webinar to analyze the impact of changes in FCRA Rules and recent tax developments for not-for-profit organizations.
New EPF and Pension Schemes 2026: What Every Employer Needs to Know · 2026-07-15 · Employment Law · https://www.lkslaw.com/insights/events/new-epf-and-pension-schemes-2026-what-every-employer-needs-to-know · LKS Webinar on New EPF and Pension schemes 2026
Haryana One Time Settlement Scheme, 2026 – Navigating the timely opportunity · 2026-07-10 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/haryana-one-time-settlement-scheme-2026-navigating-the-timely-opportunity · Lakshmikumaran & Sridharan Attorneys is organizing a webinar on this new Scheme which is operational from 1 June 2026 for 120 days.
Secondment, Service PE and FTS: Decoding the Delhi High Court’s EY USA Ruling · 2026-07-02 · Direct Tax · https://www.lkslaw.com/insights/events/secondment-service-pe-and-fts-decoding-the-delhi-high-court-s-ey-usa-ruling · LKS webinar | Decoding recent Delhi HC decision in EY USA case
Knowledge Session: Key developments in tax, trade & employment laws · 2026-06-30 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/knowledge-session-key-developments-in-tax-trade-and-employment-laws-1 · Institute of Business Laws (IBL) along with Knowledge Partner Lakshmikumaran & Sridharan (LKS), is pleased to present a comprehensive knowledge session covering key developments and practical challenges across GST, Customs & FTP, Labour Codes, FEMA, Corporate Restructuring, and Transfer Pricing.
Critical GST issues in focus - Transactions, Credits and Compliance · 2026-06-23 · GST Consultancy · https://www.lkslaw.com/insights/events/critical-gst-issues-in-focus-transactions-credits-and-compliance · Institute of Business Laws (IBL), together with Lakshmikumaran & Sridharan Attorneys (LKS)⁠ as the exclusive Knowledge Partner, is organising a focused half-day seminar covering some of the most critical and debated GST topics impacting industry today.
Cross-border transactions and investments – Recent transfer pricing, FDI and FEMA changes · 2026-06-17 · Transfer Pricing · https://www.lkslaw.com/insights/events/cross-border-transactions-and-investments-recent-transfer-pricing-fdi-and-fema-changes · This seminar by Indo-American Chamber of Commerce (IACC), Bengaluru Branch with Lakshmikumaran & Sridharan Attorneys as Knowledge Partner.
GST Litigation Watch: Key Court & GSTAT decisions you need to know · 2026-06-05 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/gst-litigation-watch-key-court-and-gstat-decisions-you-need-to-know · Lakshmikumaran & Sridharan Attorneys (LKS) is pleased to organize a webinar covering recent rulings of the Courts and Tribunal that may have a wider impact on industry. The session will also examine important issues that await final resolution.
Cross-border taxation: Law, jurisprudence and compliance · 2026-05-27 · Direct Tax · https://www.lkslaw.com/insights/events/cross-border-taxation-law-jurisprudence-and-compliance · Lakshmikumaran & Sridharan Attorneys (LKS) is the Knowledge Partner for an upcoming Lexology Masterclass. This webinar will provide valuable insights into India’s evolving cross-border taxation framework, judicial developments and compliance requirements impacting international businesses and non-residents operating in India.
Benami Law: Key takeaways from the recent SC decision, and the path ahead · 2026-05-26 · Economic Offences · https://www.lkslaw.com/insights/events/benami-law-key-takeaways-from-the-recent-sc-decision-and-the-path-ahead · Lakshmikumaran & Sridharan (LKS) is organizing a webinar to analyze the implications of this judgment and the way forward under the Benami framework.
Central Labour Rules are effective - What changes for Indian Inc.? · 2026-05-21 · Employment Law · https://www.lkslaw.com/insights/events/central-labour-rules-are-effective-what-changes-for-indian-inc · LKS Webinar on Central Labour Rules
India’s Transfer Pricing Regime · 2026-05-14 · Transfer Pricing · https://www.lkslaw.com/insights/events/india-s-transfer-pricing-regime · Lakshmikumaran & Sridharan Attorneys is organizing a webinar to analyze Transfer pricing developments and discuss their practical implications.
Navigating India’s carbon markets · 2026-05-06 · General Corporate · https://www.lkslaw.com/insights/events/navigating-india-s-carbon-markets · Lakshmikumaran & Sridharan Attorneys is organising a webinar with the intention to look at the scheme from the point of view of obligated entities as well as others looking to have the competitive advantage of a green economy.
Knowledge Session: Key developments in tax, trade & employment laws · 2026-04-29 · Customs · https://www.lkslaw.com/insights/events/knowledge-session-key-developments-in-tax-trade-and-employment-laws · Institute of Business Laws (IBL) is delighted to host an insightful half-day seminar focused on the latest developments and practical implications across GST, Customs & FTP, Labour Codes, and FEMA with Lakshmikumaran & Sridharan Attorneys (LKS) as the exclusive Knowledge Partner.
Restructuring Wages and impact under new Income Tax Rules, 2026 · 2026-04-29 · Employment Law · https://www.lkslaw.com/insights/events/restructuring-wages-and-impact-under-new-income-tax-rules-2026 · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar to analyse and break-down the definition of wages, including implications of the new Income Tax Rules.
SEZ Supplies to DTA - Analysis of new concessions · 2026-04-13 · Customs · https://www.lkslaw.com/insights/events/sez-supplies-to-dta-analysis-of-new-concessions · Lakshimikumaran & Sridharan Attorneys is participating as exclusive Knowledge Partner in three different webinars with different industry associations on the topic SEZ Supplies to DTA - Analysis of new concessions .
Power to Arrest under Tax and Economic Offences Laws · 2026-03-25 · GST Consultancy · https://www.lkslaw.com/insights/events/power-to-arrest-under-tax-and-economic-offences-laws · LKS Webinar on Power to Arrest under Tax and Economic Offences Laws.
United States initiates Section 301 Investigations against India · 2026-03-19 · International Trade and WTO · https://www.lkslaw.com/insights/events/united-states-initiates-section-301-investigations-against-india · Lakshmikumaran & Sridharan Attorneys is organizing vitual session on United States initiates Section 301 Investigations against India: Implications for Indian exporters on 19th of March at 4 PM
Masterclass Series: Types of Leaves, Leave Encashment and Transition Preparation · 2026-02-24 · Employment Law · https://www.lkslaw.com/insights/events/masterclass-series-types-of-leaves-leave-encashment-and-transition-preparation · On 21 November 2025, the Ministry of Labour and Employment officially made four major labour codes effective. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020, collectively replace 29 (twenty-nine) older central labour laws. The Central Government published the draft central rules for all four codes on 30 December 2025 as well as clarifications by way of code specific frequently asked questions.
US Tariffs – US SC decision and way forward · 2026-02-23 · International Trade and WTO · https://www.lkslaw.com/insights/events/us-tariffs-us-sc-decision-and-way-forward · The U.S. Supreme Court in its judgment in Learning Resources, Inc. v. Trump, President of the United States, has termed the “reciprocal” and “fentanyl” tariffs as illegal. These Tariffs were imposed under International Emergency Economic Powers Act (‘IEEPA’). The judgment holds that the U.S. President does not have the power to impose tariffs under the IEEPA.
Masterclass Series: Categorization of Workers, Employees, Fixed Term Employees & Contract Labour and Core Activity · 2026-02-20 · Employment Law · https://www.lkslaw.com/insights/events/event-2 · On 21 November 2025, the Ministry of Labour and Employment officially made four major labour codes effective. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020, collectively replace 29 (twenty-nine) older central labour laws. The Central Government published the draft central rules for all four codes on 30 December 2025 as well as clarifications by way of code specific frequently asked questions.
Masterclass Series: Computation of Wages & Gratuity · 2026-02-17 · Employment Law · https://www.lkslaw.com/insights/events/masterclass-series-computation-of-wages-and-gratuity-2 · On 21 November 2025, the Ministry of Labour and Employment officially made four major labour codes effective. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020, collectively replace 29 (twenty-nine) older central labour laws. The Central Government published the draft central rules for all four codes on 30 December 2025 as well as clarifications by way of code specific frequently asked questions
Unlocking Tax Certainty and Labour Flexibility · 2026-02-12 · Direct Tax · https://www.lkslaw.com/insights/events/unlocking-tax-certainty-and-labour-flexibility · Lakshmikumaran & Sridharan Attorneys is organising a seminar in Hyderabad on the recent changes proposed by the Union Budget 2026 and the Labour law reforms.
The Annual Tryst with Budget 2026 · 2026-02-02 · Customs · https://www.lkslaw.com/insights/events/the-annual-tryst-with-budget-2026 · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar for a detailed discussion on the major proposals. The aim is to focus on the nuances of the proposals to aid stakeholders in better understanding their scope for efficient implementation.
The Future of Trade: RBI Releases New FEMA Export and Import Regulations 2026 · 2026-01-28 · General Corporate · https://www.lkslaw.com/insights/events/the-future-of-trade-rbi-releases-new-fema-export-and-import-regulations-2026 · In its consistent effort to promote cross border trade and ease of doing business, the Reserve Bank of India initially floated draft export and import regulations and directions on 2 July 2024 and 4 April 2025 inviting comments from the stakeholders.
Labour Codes & Draft Rules : Nex-Gen reforms · 2026-01-22 · Employment Law · https://www.lkslaw.com/insights/events/labour-codes-and-draft-rules-nex-gen-reforms · On 21 November 2025, the Ministry of Labour and Employment officially made four major labour codes effective. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020, collectively replace 29 (twenty-nine) older central labour laws.
Incisive Analysis of Tiger Global (SC) · 2026-01-20 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/incisive-analysis-of-tiger-global-sc · India’s law on taxation of Indirect Transfer of assets remains a critical factor for cross-border investments by multinational enterprises (MNEs) and international investors. Post Vodafone SC judgement in 2012, the legislation of taxation of Indirect transfer provisions, GAAR and PPT tests in treaty has impacted the cross-border investments. Though the routing of investment through Mauritius was blessed in Azadi Bachao (SC) and Vodafone International (SC), but the ghost has resurfaced with the pronouncement of Tiger Global.
Tobacco products – GST and Central Excise regimes set for overhaul · 2026-01-15 · GST Consultancy · https://www.lkslaw.com/insights/events/tobacco-products-gst-and-central-excise-regimes-set-for-overhaul
GSTAT in focus: Practical insights, strategies and best practices · 2026-01-12 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/gstat-in-focus-practical-insights-strategies-and-best-practices · The GST Appellate Tribunal (GSTAT) is set to start hearings in the appeals being filed before it. With the revocation of the staggering order, all orders passed till date can be challenged by way of appeal before the GSTAT. Tax leaders must be prepared to navigate this new landscape effectively and hence it is crucial to understand how to file and be prepared for effective representation before the GSTAT.
Mexico’s Tariff Measures on Indian Automobiles and Auto Components · 2026-01-09 · International Trade and WTO · https://www.lkslaw.com/insights/events/mexico-s-tariff-measures-on-indian-automobiles-and-auto-components · Mexico is India’s third largest car export destination, but a proposed 50% tariff on imports from non-FTA countries, including India, has raised significant concerns for Indian automobile manufacturers and suppliers of parts and components.
Demystifying Benami Transactions: Legal Framework and Enforcement · 2026-01-08 · Economic Offences · https://www.lkslaw.com/insights/events/demystifying-benami-transactions-legal-framework-and-enforcement · LKS Webinar on Demystifying Benami Transactions: Legal Framework and Enforcement
A pivotal moment for employment law reforms in India · 2026-01-05 · Employment Law · https://www.lkslaw.com/insights/events/a-pivotal-moment-for-employment-law-reforms-in-india · BBNIA webinar along with LKS on pivotal moment for employment law reforms in India
GST developments that impacted India in 2025: Legal principles and business insights · 2025-12-16 · GST Consultancy · https://www.lkslaw.com/insights/events/gst-developments-that-impacted-india-in-2025-legal-principles-and-business-insights · LKS webinar on GST developments that impacted India in 2025
Analysis of recent M&A schemes impacting group restructuring: Strategies and preparations · 2025-11-27 · Mergers & Acquisitions · https://www.lkslaw.com/insights/events/analysis-of-recent-m-and-a-schemes-impacting-group-restructuring-strategies-and-preparations · LKS Webinar on Analysis of recent M&A schemes impacting group restructuring
Navigating the US Tariffs through the first sale principle · 2025-11-26 · International Trade and WTO · https://www.lkslaw.com/insights/events/navigating-the-us-tariffs-through-the-first-sale-principle · LKS with OGTC organizing a webinar on Navigating the US Tariffs through the first sale principle
Labour Codes made effective – A pivotal moment for labour reforms in India · 2025-11-25 · Employment Law · https://www.lkslaw.com/insights/events/labour-codes-made-effective-a-pivotal-moment-for-labour-reforms-in-india · LKS webinar on Labour Codes
Navigating Cross-Border Implications of Taxation of Indirect Transfers · 2025-11-24 · Direct Tax · https://www.lkslaw.com/insights/events/navigating-cross-border-implications-of-taxation-of-indirect-transfers · LKS webinar with Burnell Chambers on Taxation of Indirect Transfers
Digital Personal Data Protection Rules, 2025 · 2025-11-17 · Data Protection & TMT · https://www.lkslaw.com/insights/events/digital-personal-data-protection-rules-2025-1 · LKS webinar on Digital Personal Data Protection Rules, 2025.
GST and Corporate Law · 2025-11-14 · GST Consultancy · https://www.lkslaw.com/insights/events/gst-and-corporate-law · IBL & LKS Physical Seminar on GST and Corporate Law
LKS Breakfast Meeting on Caught in the Sanctions Crossfire · 2025-11-07 · International Trade and WTO · https://www.lkslaw.com/insights/events/caught-in-the-sanctions-crossfire · LKS Breakfast Meeting on Caught in the Sanctions Crossfire
Discussion on 53rd GST Council Meeting recommendations and recent Circulars · 2025-11-05 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/discussion-on-53rd-gst-council-meeting-recommendations-and-recent-circulars · LKS is organizing a webinar on 53rd GST Council Meeting recommendations and recent circulars
GSTAT - Navigating the new era of appeals · 2025-10-16 · GST & Indirect Tax Litigation · https://www.lkslaw.com/insights/events/gstat-navigating-the-new-era-of-appeals · LKS webinar on GSTAT - Navigating the new era of appeals
Caught in the Sanctions Crossfire · 2025-09-30 · International Trade and WTO · https://www.lkslaw.com/insights/events/caught-in-the-sanctions-crossfire-1 · LKS Webinar on Caught in the Sanctions Crossfire - A wake-up call for Indian businesses
GST 2.0, and developments in Customs law · 2025-09-26 · Customs · https://www.lkslaw.com/insights/events/gst-2-0-and-developments-in-customs-law · IBL & LKS Seminar on GST 2.0, and developments in Customs law
GST 2.0 – Unveiling the Next Generation Reforms · 2025-09-25 · GST Consultancy · https://www.lkslaw.com/insights/events/gst-2-0-unveiling-the-next-generation-reforms · IBL & LKS Seminar on GST 2.0 – Unveiling the Next Generation Reforms
GST - Next Gen Reform · 2025-09-11 · GST Consultancy · https://www.lkslaw.com/insights/events/gst-next-gen-reform · IBL-LKS Seminar on the topic of GST - Next Gen Reforms
U.S. Trade Policy at a Crossroads: A fighting chance against unbridled tariffs? · 2025-09-10 · International Trade and WTO · https://www.lkslaw.com/insights/events/event · LKS webinar on U.S. Trade Policy at a Crossroads: A fighting chance against unbridled tariffs?
Criminal Prosecution under Income Tax Law: Part II · 2025-09-08 · Direct Tax · https://www.lkslaw.com/insights/events/criminal-prosecution-under-income-tax-law-part-ii · LKS webinar on prosecution under Income Tax- Part II
GST rate Rationalization · 2025-08-26 · GST Consultancy · https://www.lkslaw.com/insights/events/gst-rate-rationalization · LKS Webinar | GST rate rationalization - Supply chain impact, pricing, allied laws and anti profiteering
Functional control as criteria to establish presence of PE · 2025-08-08 · Direct Tax · https://www.lkslaw.com/insights/events/functional-control-as-criteria-to-establish-presence-of-pe · LKS webinar | Functional control as criteria to establish presence of PE | 13 August | 5:00 PM
Concept and issues surrounding Foreign Tax Credit · 2025-08-07 · Direct Tax · https://www.lkslaw.com/insights/events/concept-and-issues-surrounding-foreign-tax-credit · LKS webinar | Concept and Issues Surrounding Foreign Tax Credit | 6 AUGUST | 4:00 PM
India-UK Free Trade Agreement · 2025-07-29 · International Trade and WTO · https://www.lkslaw.com/insights/events/india-uk-free-trade-agreement · LKS webinar on India-UK Free Trade Agreement – New vistas of Growth and Prosperity | 31 July | 10:00 AM
Decoding key GST decisions 2025 - Legal principles and business insights · 2025-07-16 · (no practice area listed) · https://www.lkslaw.com/insights/events/decoding-key-gst-decisions-2025-legal-principles-and-business-insights · LKS will discuss and analyse a series of landmark judgments delivered by the Hon’ble Supreme Court and Hon’ble High Courts in 2025
ESOPs - Addressing nuances in taxation and reporting obligations · 2025-07-14 · Direct Tax · https://www.lkslaw.com/insights/events/esops-addressing-nuances-in-taxation-and-reporting-obligations · LKS webinar series | ESOPs - Addressing nuances in taxation and reporting obligations
Navigating through India’s Trade Framework · 2025-07-10 · Customs · https://www.lkslaw.com/insights/events/navigating-through-india-s-trade-framework · Navigating through India’s Trade Framework - Understanding BIS, FTA and FEMA updates
Legal limits of training AI with copyrighted content · 2025-07-09 · Intellectual Property · https://www.lkslaw.com/insights/events/books-bots-boundaries-legal-limits-of-training-ai-with-copyrighted-content · LKS Webinar: Legal limits of training AI with copyrighted content
Initial Public Offers (IPOs) Understanding issues under GST · 2025-06-26 · (no practice area listed) · https://www.lkslaw.com/insights/events/initial-public-offers-ipos-understanding-issues-under-gst · Raising funds is crucial at many stages in the life cycle of a company. Traditionally, the funds could be brought-in either by the promoters or could be raised by debt. However, presently, more and more companies are raising funds by using the option of initial public offerings (IPOs).
Online Gaming: Play by the Rules? Understanding the shifting regulatory landscape · 2025-06-11 · (no practice area listed) · https://www.lkslaw.com/insights/events/online-gaming · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar to analyse the recent Madras High Court judgement upholding the validity of the Tamil Nadu Online Gaming Authority (Real Money Games) Regulation, 2025
Draft FEMA Export and Import Regulations 2025 · 2025-04-24 · (no practice area listed) · https://www.lkslaw.com/insights/events/draft-fema-export-and-import-regulations-2025 · LKS Webinar on Draft FEMA Export and Import Regulations 2025
Analysing export benefits under GST · 2025-04-19 · GST Consultancy · https://www.lkslaw.com/insights/events/event-1 · Lakshmikumaran & Sridharan is organizing a webinar on analysing export benefits under GST
Trade Headwinds from Reciprocal Tariffs : A Deep Dive · 2025-04-07 · (no practice area listed) · https://www.lkslaw.com/insights/events/trade-headwinds-from-reciprocal-tariffs · LKS webinar "Trade Headwinds from Reciprocal Tariffs - A Deep Dive"
Real Estate and GST · 2025-03-04 · Real Estate · https://www.lkslaw.com/insights/events/real-estate-and-gst · LKS webinar on GST for Real Estate Sector | 4 March 2025
Competition Law: Risks and Compliance for Trade Associations · 2025-02-26 · (no practice area listed) · https://www.lkslaw.com/insights/events/competition-law-risks-and-compliance-for-trade-associations · The PHD Chamber of Commerce and Industry (PHDCCI) is hosting a training session on Competition Law: Risks and Compliance for Trade Associations “Empowering Industries through Compliance and Integrity”
ISD & Cross Charge: New opportunities, strategies, pitfalls, and way forward · 2025-02-18 · (no practice area listed) · https://www.lkslaw.com/insights/events/isd-and-cross-charge-new-opportunities-strategies-pitfalls-and-way-forward · LKS Webinar on ISD & Cross Charge: New opportunities Strategies, pitfalls, and way forward | 18 Feb
Navigating Compliance: Exploring the Draft Digital Personal Data Protection Rules, 2025 · 2025-02-07 · Regulatory · https://www.lkslaw.com/insights/events/navigating-compliance-exploring-the-draft-digital-personal-data-protection-rules-2025 · The Ministry of Electronics and Information Technology has on 3 January 2025 released the Draft Digital Personal Data Protection Rules, 2025 for public consultation, a crucial milestone nearly 15 months after the Digital Personal Data Protection Act, 2023 received Presidential Assent.
The Annual Tryst with Budget 2025 · 2025-02-03 · Customs · https://www.lkslaw.com/insights/events/the-annual-tryst-with-budget-2025 · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar on Annual Tryst with Budget 2025
Navigating the Trade Headwinds from the US · 2025-02-03 · Customs · https://www.lkslaw.com/insights/events/navigating-the-trade-headwinds-from-the-us · LKS is organising a seminar on "Navigating the Trade Headwinds from US" on 3rd March 2025 at 3:30 PM
Draft Digital Personal Data Protection Rules · 2025-01-31 · Regulatory · https://www.lkslaw.com/insights/events/draft-digital-personal-data-protection-rules · PHDCCI Seminar with LKS | Draft Digital Personal Data Protection Rules – Analysis, Open Issues & Way Forward
Navigating Import & Export Challenges · 2025-01-22 · Customs · https://www.lkslaw.com/insights/events/navigating-import-export-challenges · LKS Seminar on Navigating Import & Export Challenges
Year in Review | GST developments that impacted India Inc. in 2024 · 2025-01-21 · (no practice area listed) · https://www.lkslaw.com/insights/events/year-in-review-gst-developments-that-impacted-india-inc-in-2024 · LKS Webinar: Year in Review | GST developments that impacted India Inc. in 2024
Levy of GST on assignment of leasehold rights in land and building · 2025-01-16 · Real Estate · https://www.lkslaw.com/insights/events/levy-of-gst-on-assignment-of-leasehold-rights-in-land-and-building · LKS Webinar: Levy of GST on assignment of leasehold rights in land and building
Proving Country of Origin for Imports under Free Trade Agreements · 2024-12-13 · Customs · https://www.lkslaw.com/insights/events/proving-country-of-origin-for-imports-under-free-trade-agreements-1 · LKS webinar with IPUA | Proving Country of Origin for Import under Free Trade Agreements | 13 December 2024
Private Equity - Decoding the Buy to Sell Investments Route & Strategies · 2024-12-06 · Private Equity & VC · https://www.lkslaw.com/insights/events/private-equity-decoding-the-buy-to-sell-investments-route-strategies · The PHD Chamber of Commerce and Industry (PHDCCI) is hosting a seminar titled ‘Private Equity Decoding the Buy to Sell Investments Route & Strategies’ on 6 December 2024
Reconstructing tests of immovability and credit eligibility in the wake of Bharti Airtel judgement · 2024-11-28 · GST Consultancy · https://www.lkslaw.com/insights/events/reconstructing-tests-of-immovability-and-credit-eligibility-in-the-wake-of-bharti-airtel-judgement · LKS is organizing a webinar on SC decision in case of Bharti Airtel - Reconstructing tests of immovability and credit eligibility
DRI’s jurisdiction to issue show cause notice under Customs Act · 2024-11-11 · Customs · https://www.lkslaw.com/insights/events/dri-s-jurisdiction-to-issue-show-cause-notice-under-customs-act · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a virtual webinar on 11 November 2024 (Monday) from 4:30 PM to 5:30 PM, with the aim to understand the implications of the judgement in a simplistic manner and to discuss the way forward.
Strengthening Supply Chains - Expanding Horizons · 2024-11-10 · International Trade and WTO · https://www.lkslaw.com/insights/events/strengthening-supply-chains-expanding-horizons · LKS Seminar Series with Baker Mckenzie on Strengthening Supply Chains- Expanding Horizons
Burning Issues in Tax – Analysis and Way Forward · 2024-11-10 · Customs · https://www.lkslaw.com/insights/events/burning-issues-in-tax-analysis-and-way-forward · The Automotive Component Manufacturers Association of India (ACMA) is organizing a two-day workshop along with LKS on the topic “Burning Issues in Tax – Analysis and Way Forward" on 10th and 11th December 2024
Export refund – Implications post deletion of CGST rules 89(4A) & (4B) and 96(10) · 2024-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/events/export-refund-implications-post-deletion-of-cgst-rules-89-4a-4b-and-96-10 · Lakshmikumaran & Sridharan Attorneys (LKS) is organising a webinar on Export refund - Implications post deletion of CGST rules 89(4A) & (4B) and 96(10) for industries in Maharashtra, with an aim to dissect the decision of omission of the rules, its possible implications thereof, and the way forward.
ITC on goods and services for construction · 2024-10-08 · (no practice area listed) · https://www.lkslaw.com/insights/events/itc-on-construction-services · Lakshmikumaran & Sridharan Attorneys (LKS) is organising a virtual webinar on the Supreme Court judgment in case of Safari Retreats. The webinar will discuss the course of action to be adopted for past positions taken as well as for future transactions.
Navigating tax challenges · 2024-09-27 · Customs · https://www.lkslaw.com/insights/events/navigating-tax-challenges · The Chemical and Alkali Merchants’ Association (CAMA) along with Knowledge Partner Lakshmikumaran & Sridharan (LKS) is organizing an insightful seminar tailored for importers, exporters, manufacturers and traders of Chemical products to address critical issues related to GST, Customs, and FEMA.
Supply Chains: Unlocking Indian industry’s next wave of growth · 2024-09-10 · Customs · https://www.lkslaw.com/insights/events/supply-chains-unlocking-indian-industry-s-next-wave-of-growth · LKS is organizing a seminar on Supply Chains - Unlocking Indian industry’s next wave of growth in Chennai
Sectoral recap – Pharma GST developments & interplay with Income Tax · 2024-09-06 · Direct Tax · https://www.lkslaw.com/insights/events/sectoral-recap-pharma · LKS is organizing a webinar on Sectoral recap – Pharma: GST developments & interplay with Income Tax
Deconstructing the ebbs and flows of the law governing ISD & Cross Charge · 2024-09-05 · (no practice area listed) · https://www.lkslaw.com/insights/events/deconstructing-the-ebbs-and-flows-of-the-law-governing-isd-cross-charge · LKS webinar: Deconstructing the ebbs and flows of the law governing ISD & Cross Charge
Corporate Governance in the Changing Regulatory Landscape & Alternate Dispute Resolution (ADR) · 2024-08-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/corporate-governance-in-the-changing-regulatory-landscape-alternate-dispute-resolution-adr · Lakshmikumaran and Sridharan is participating as a Knowledge Partner in the following residential workshop being organised by the PHD Chamber of Commerce and Industry in Goa
Corporate Restructuring & Related Party Transactions · 2024-08-23 · (no practice area listed) · https://www.lkslaw.com/insights/events/corporate-restructuring-related-party-transactions · Lakshmikumaran & Sridharan Attorneys is participating as one of the Knowledge Partners in the following conference being organised by PHD Chamber of Commerce and Industry.
Budget 2024 – Reassessment and block assessment · 2024-08-20 · Customs · https://www.lkslaw.com/insights/events/budget-2024-reassessment-and-block-assessment · Lakshmikumaran & Sridharan (LKS) is organizing a series of webinars to decode the Direct Tax proposals of the Union Budget 2024
Post Budget Session on GST · 2024-07-30 · (no practice area listed) · https://www.lkslaw.com/insights/events/post-budget-session-on-gst · Lakshmikumaran and Sridharan is participating as one of the Knowledge Partners in the following seminar being organised by PHD Chamber of Commerce and Industry
Budget 2024 – A Deep Dive into the Tax Proposals · 2024-07-24 · Customs · https://www.lkslaw.com/insights/events/budget-2024 · Lakshmikumaran & Sridharan (LKS) is organizing Budget Webinar 2024 – A Deep Dive into the Tax Proposals
Draft FEMA Import and Export Regulations: Hits and Misses · 2024-07-15 · Customs · https://www.lkslaw.com/insights/events/draft-fema-import-and-export-regulations-hits-and-misses · LKS is organising a webinar on draft FEMA import and export trade regulations: hits and misses
The Competition Act, 2002 & The Competition (Amendment) Act, 2023 – Issues and Challenges · 2024-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/the-competition-act-2002-the-competition-amendment-act-2023-issues-and-challenges · Lakshmikumaran and Sridharan is participating as one of the Knowledge Partners in the following seminar being organised by PHD Chamber of Commerce and Industry.
The anatomisation of 53rd GST Council Meeting recommendations · 2024-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/the-anatomisation-of-53rd-gst-council-meeting-recommendations · Lakshmikumaran & Sridharan is organising a webinar on Anatomisation of 53rd GST Council Meeting recommendations
GST issues relating to land, building and development rights · 2024-06-27 · Real Estate · https://www.lkslaw.com/insights/events/gst-issues-relating-to-land-building-and-development-rights · Lakshmikumaran & Sridharan (LKS) is organising a webinar series on GST issues relating to land, building and development rights.
5th India Summit on ESG and Sustainability Strategy India Summit · 2024-06-18 · (no practice area listed) · https://www.lkslaw.com/insights/events/5th-india-summit-on-esg-and-sustainability-strategy-india-summit · Lakshmikumaran and Sridharan is participating in two-day conference - 5th India Summit on ESG and Sustainability Strategy India Summit, hosted by Inventicon Asia.
Levy of stamp duty on delivery orders · 2024-06-18 · Customs · https://www.lkslaw.com/insights/events/levy-of-stamp-duty-on-delivery-orders · Lakshmikumaran & Sridharan Attorneys is organize a webinar specially for importers in Maharashtra to provide insights into the implications of the above referred judgement.
GST developments that impacted India Inc. in 2024 · 2024-06-06 · (no practice area listed) · https://www.lkslaw.com/insights/events/gst-developments-that-impacted-india-inc-in-2024 · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar to analyse important decisions of various courts as pronounced in 2024
How to handle audit & litigation in GST regime · 2024-05-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/cii-seminar-with-lks-how-to-handle-audit-litigation-in-gst-regime · Lakshmikumaran and Sridharan is participating as Technical Partner in a seminar being organised by Confederation of Indian Industry (CII) along with Malabar Chamber of Commerce.
Litigation in GST · 2024-05-09 · (no practice area listed) · https://www.lkslaw.com/insights/events/litigation-in-gst · Lakshmikumaran and Sridharan is participating as one of the Knowledge Partners in a seminar being organised by PHD Chamber of Commerce and Industry
Residential Refresher Course (RRC) on “GST Demands & Appellate Remedies" · 2024-04-26 · (no practice area listed) · https://www.lkslaw.com/insights/events/residential-refresher-course-rrc-on-gst-demands-appellate-remedies · Lakshmikumaran and Sridharan is participating in two-days Residential Refresher Course (RRC) on “GST Demands & Appellate Remedies” organised by GST & Indirect Taxes Committee of ICAI
India-US Legal Services Summit · 2024-03-04 · Direct Tax · https://www.lkslaw.com/insights/events/india-us-legal-services-summit · Indo-American Chamber of Commerce is hosting first ever India-US legal services summit on Indo-US Cooperation on Corporate and Legal issues
Manufacturing and other operations under warehousing regulations(MOOWR) scheme · 2024-03-01 · Customs · https://www.lkslaw.com/insights/events/manufacturing-and-other-operations-under-warehousing-regulations-moowr-scheme · Lakshmikumaran & Sridharan is participating as one of the knowledge partners in the following webinar being organized by Electronic Industries Association of India (ELCINA).
Exports – Analysing GST Law and Tariff & Non-Tariff Barriers · 2024-02-28 · Customs · https://www.lkslaw.com/insights/events/exports-analysing-gst-law-and-tariff-non-tariff-barriers · Institute of business Laws (IBL) along with knowledge partner Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a seminar on Increasing Exports – Analysing GST Law and Tariff & Non-Tariff Barriers
Recent changes in GST, Customs and Income Tax · 2024-02-20 · Customs · https://www.lkslaw.com/insights/events/recent-changes-in-gst-customs-and-income-tax · Lakshmikumaran & Sridharan is organizing a webinar to share knowledge relating to various recent developments in the fields of GST, Customs and Income Tax.
Will the recent ruling on Benami law dig up old deals? · 2024-02-19 · Direct Tax · https://www.lkslaw.com/insights/events/will-the-recent-ruling-on-benami-law-dig-up-old-deals · The Article discusses the recent decision by the Delhi Appellate Tribunal in the case of Prism Scan Express Pvt Limited v. DCIT . The decision provided a wakeup call to all those who were under the belief that their old trades would not come under the glare of Benami Law, taking shelter of the decision of the Apex Court in the case of Ganpati Dealcom Pvt Ltd v. UoI which held that the Benami Transactions (Prohibition) Amendment Act, 2016 shall not apply retrospectively.
Effect of Section 43B(h) of IT Act on payments to MSMEs · 2024-02-16 · Direct Tax · https://www.lkslaw.com/insights/events/effect-of-section-43b-h-of-it-act-on-payments-to-msmes · Lakshmikumaran & Sridharan (LKS), is pleased to organise this session wherein experts will discuss, analyse and guide on practical implementation of clause (h) of Section 43B of the Act and related aspects under GST
EUs Carbon Border Adjustment Mechanism (CBAM) · 2024-02-15 · Customs · https://www.lkslaw.com/insights/events/eus-carbon-border-adjustment-mechanism-cbam · Lakshmikumaran & Sridharan is participating in the following webinar being organized by Chemexcil
Interim Budget 2024 – Key takeaways for Electronic industry · 2024-02-09 · Customs · https://www.lkslaw.com/insights/events/interim-budget-2024-key-takeaways-for-electronic-industry · Lakshmikumaran & Sridharan is participating in the following webinar being organized by Electronic Industries Association of India (ELCINA).
Insolvency & Bankruptcy Code · 2024-02-03 · (no practice area listed) · https://www.lkslaw.com/insights/events/insolvency-bankruptcy-code-conclave-by-assocham · Southern India branch of ASSOCHAM is hosting a conclave on the Insolvency & Bankruptcy Code, in which Lakshmikumaran & Sridharan Attorney is participating as a knowledge partner
S. Vaidyanath Aiyar Memorial Lecture on GST · 2024-02-03 · (no practice area listed) · https://www.lkslaw.com/insights/events/s-vaidyanath-aiyar-memorial-lecture-on-gst · Jaipur branch of CIRC of the Institute of Chartered Accountants of India is hosting S. Vaidyanath Aiyar Memorial Lecture on GST
Critical analysis and way forward for Indian economy · 2024-02-02 · (no practice area listed) · https://www.lkslaw.com/insights/events/critical-analysis-and-way-forward-for-indian-economy · Federation of Indian Chambers of Commerce and Industry (FICCI) is organising a special budget analysis seminar on Union Budget 2024, along with Centre for Public Policy Research (CPPR).
Applicability of Section 194-O · 2024-01-23 · Direct Tax · https://www.lkslaw.com/insights/events/applicability-of-section-194-o · Lakshmikumaran & Sridharan Attorneys is organizing a webinar on Applicability of Section 194-O (Clarifications issued in respect of TDS implications on E-commerce operator)
Moneycontrol Policy Next – India’s 10 Trillion Dollar Run · 2024-01-18 · (no practice area listed) · https://www.lkslaw.com/insights/events/moneycontrol-policy-next-india-s-10-trillion-dollar-run · An in-depth discussion of crucial policies that have a major impact on India's economic landscape is being arranged by Moneycontrol.
Year in Review | Top GST Rulings that impacted India Inc · 2024-01-16 · (no practice area listed) · https://www.lkslaw.com/insights/events/top-gst-rulings-that-impacted-india-inc · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar on Top GST Rulings That Impacted India Inc
Seminar by Okhla Garment and Textile cluster on GST & Customs · 2024-01-13 · Customs · https://www.lkslaw.com/insights/events/seminar-by-okhla-garment-and-textile-cluster-on-gst-customs · The Okhla Garment and Textile Cluster (OGTC) is organizing a seminar on Goods & Services Tax (GST) and Customs. Lakshmikumaran & Sridharan (LKS) will be participating here as exclusive Knowledge Partner
National Conference on GST by ICAI · 2024-01-12 · (no practice area listed) · https://www.lkslaw.com/insights/events/national-conference-on-gst-by-icai · Western India Regional Council of the Institute of Chartered Accountants of India is hosting 2-day National Conference on GST being organized by GST and Indirect Taxes Committee of ICAI
2 day Regional Conference 2023 · 2023-12-15 · (no practice area listed) · https://www.lkslaw.com/insights/events/2-day-regional-conference-2023 · Northern India Regional Council of the Institute of Chartered Accountants of India is organizing a 2-day Regional Conference 2023
Seminar by ICAI on GST Demands & Appellate Remedies · 2023-12-15 · (no practice area listed) · https://www.lkslaw.com/insights/events/gst-demands-appellate-remedies · Southern India Regional Council of the Institute of Chartered Accountants of India is hosting a 1-day seminar being organized by GST and Indirect Taxes Committee of ICAI.
Annual Conference on Tax and Corporate re-organization · 2023-12-05 · Direct Tax · https://www.lkslaw.com/insights/events/annual-conference-on-tax-and-corporate-re-organization · Institute of business Laws (IBL) along with knowledge partner Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a seminar on Annual Conference on Tax and Corporate re-organization
Recent updates in GST, Burning Issues of industry & Amendments related to Exporters · 2023-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/events/seminar-by-tssia-with-lks-recent-updates-in-gst-burning-issues-of-industry-amendments-related-to-exporters · Lakshmikumaran & Sridharan (LKS) is participating in the following seminar being organized by Thane Small Scale Industries Association
The Biological Diversity Act and Recent Amendments · 2023-12-01 · Intellectual Property · https://www.lkslaw.com/insights/events/the-biological-diversity-act-and-recent-amendments · Lakshmikumaran & Sridharan (LKS) is participating in the Seminar being organized by the Office of Technology Transfer, C-Camp in Bengaluru.
Insolvency & Bankruptcy Conclave 2023 · 2023-12-01 · Insolvency · https://www.lkslaw.com/insights/events/insolvency-bankruptcy-conclave-2023 · Lakshmikumaran & Sridharan (LKS) is participating as one of the Partners in the following Conclave being organized by ASSOCHAM Karnataka State Development Council.
National Tax Conference · 2023-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/events/national-tax-conference · National Tax Conference by All India Federation of Tax Practitioners.(SZ) along with Association of Tax Practitioners, Kerala
Intellectual Property: The age of powerful techades · 2023-11-10 · Intellectual Property · https://www.lkslaw.com/insights/events/world-ip-forum-conference-with-lks-as-partner-intellectual-property-the-age-of-powerful-techades · Lakshmikumaran & Sridharan is participating in the 4-day conference being organized by The World Intellectual Property Forum (WIPF) on the theme “Intellectual Property: The age of powerful techades”.
Taxsutra Round Table Session with LKS · 2023-10-31 · (no practice area listed) · https://www.lkslaw.com/insights/events/taxsutra-round-table-session-with-lks · Lakshmikumaran & Sridharan Attorneys is participating as exclusive Knowledge Partner in the following round table session being organised by Taxsutra
Initial Public Offers (IPOs):- Decoding issues under GST · 2023-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/events/initial-public-offers-ipos · Lakshmikumaran & Sridharan Attorneys is organising a webinar on Initial Public Offers (IPOs):- Decoding issues under GST.
Judgment of Supreme Court on interpretation of DTAA in Nestle SA · 2023-10-25 · Direct Tax · https://www.lkslaw.com/insights/events/judgment-of-supreme-court-on-interpretation-of-dtaa-in-nestle-sa · Lakshmikumaran & Sridharan Attorneys is organising a webinar on Judgment of Supreme Court on interpretation of DTAA in Nestle SA
Utilising Free Trade Agreements to Grow Exports Opportunities (Part- 2) · 2023-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/events/utilising-free-trade-agreements-to-grow-exports-opportunities · Lakshmikumaran & Sridharan Attorneys is participating as Knowledge Partner in the following webinar being organised by Confederation of Indian Textile Industry (CITI).
52nd GST Council Meeting · 2023-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/events/52nd-gst-council-meeting · Lakshmikumaran & Sridharan Attorneys is organising a webinar on 52nd GST Council Meeting:- Decoding the recommendations & analysis of other issues
Analyzing Tax Implications of Employee Incentives · 2023-10-16 · Direct Tax · https://www.lkslaw.com/insights/events/analyzing-tax-implications-of-employee-incentives · Lakshmikumaran & Sridharan Attorneys is organising a webinar on Analyzing Tax Implications of Employee Incentives - Spotlight on ESOPs
Conference on Iron and Steel - Challenges & Opportunities · 2023-10-04 · Customs · https://www.lkslaw.com/insights/events/conference-on-iron-and-steel-challenges-opportunities · Lakshmikumaran & Sridharan Attorneys is participating as one of the Session Partner in the 2 days conference being organized by Federation of Indian Mineral Industries (FIMI).
Recent changes in share valuation Regulations under IT Act · 2023-10-04 · Direct Tax · https://www.lkslaw.com/insights/events/recent-changes-in-share-valuation-regulations-under-it-act · Income-tax is a tax on income (and nothing else). However, in a few instances capital transactions (like issuance of share, transfer of shares, etc.) can be deemed as notional income and subjected to tax. As such a levy is a deviation from the normal scheme of taxation, elaborate and clear Legislation is of essence
Latest Trends & Amendments in GST · 2023-10-04 · (no practice area listed) · https://www.lkslaw.com/insights/events/latest-trends-amendments-in-gst · Lakshmikumaran & Sridharan Attorneys is participating as Knowledge Partner in the following seminar being organised by Confederation of Indian Industry (CII) at Tirupati.
Decoding the Data Protection Act, 2023 · 2023-09-27 · Regulatory · https://www.lkslaw.com/insights/events/decoding-the-data-protection-act-2023 · Lakshmikumaran & Sridharan Attorneys is participating as Knowledge Partner in the following webinar being organized by Bharat Re-Insurance Brokers.
Latest Trends and Amendments in GST · 2023-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/events/latest-trends-and-amendments-in-gst · Lakshmikumaran & Sridharan Attorneys is participating as Knowledge Partner in the following seminar being organized by CII Vijaywada
7th Annual Anti-Counterfeiting & Brand Protection India Summit 2023 · 2023-09-22 · Intellectual Property · https://www.lkslaw.com/insights/events/7th-annual-anti-counterfeiting-brand-protection-india-summit-2023 · Lakshmikumaran & Sridharan Attorneys is participating as one of the Session Partner in the 2 days session being organized by Inventicon Business Intelligence Pvt.Ltd.
EU’S Carbon Border Adjustment Mechanism (CBAM) - Opportunities and Risks for the Indian Chemicals Industry · 2023-09-20 · Customs · https://www.lkslaw.com/insights/events/eu-s-carbon-border-adjustment-mechanism-cbam-opportunities-and-risks-for-the-indian-chemicals-industry · Lakshmikumaran & Sridharan Attorneys is participating as Knowledge Partner in the following webinar being organized by CHEMEXCIL.
Cognizant Saga – Dilemma between dividend and capital gains · 2023-09-15 · Direct Tax · https://www.lkslaw.com/insights/events/cognizant-saga-dilemma-between-dividend-and-capital-gains · An investor in the shares of a company can expect returns on his investments, either in the form of dividend (flowing from the company), or in the form of capital gains (flowing from the buyer). The source of both the incomes are the shares held by the investor. There is however a drastic distinction in the manner of taxation and rate of taxation of both these sources of income.
GST and Customs terrain · 2023-09-13 · (no practice area listed) · https://www.lkslaw.com/insights/events/insights-into-the-gst-and-customs-terrain-1 · The seminar will deliberate on the nuances of the recent changes made after the recommendations of the 50th GST Council Meeting and many other issues which have been bothering the manufacturers, service providers, exporters, and importers for a long time.
Utilising Free Trade Agreements to Grow Export Opportunities · 2023-09-13 · (no practice area listed) · https://www.lkslaw.com/insights/events/utilising-free-trade-agreements-to-grow-export-opportunities · Free Trade Agreements (FTAs) are international agreements which intend to liberalize trade in goods and services among the countries that are part of such FTAs. With a view to boosting exports from India, the Government of India has set its ambition to conclude FTAs with countries in the West
Digital Personal Data Protection Act, 2023 · 2023-09-04 · Regulatory · https://www.lkslaw.com/insights/events/digital-personal-data-protection-act-2023 · India now has a comprehensive data privacy legislation called the Digital Personal Data Protection Act, 2023(“DPDPA”). Like its previous iterations, the DPDPA seeks to establish a regulatory body called the Data Protection Board of India
Insights into the GST and Customs terrain · 2023-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/events/insights-into-the-gst-and-customs-terrain · The meeting will deliberate on the nuances of the recent changes made after the recommendations of the 50th GST Council Meeting and many other issues which have been bothering the manufacturers, service providers, exporters, and importers for a long time.
EU’S Carbon Border Adjustment Mechanism (CBAM) · 2023-08-24 · Sustainability · https://www.lkslaw.com/insights/events/eu-s-carbon-border-adjustment-mechanism-cbam · Lakshmikumaran & Sridharan Attorneys (LKS) is participating as exclusive Knowledge Partner in the following seminar being organized by Confederation of Indian Industry (CII).
Digital Personal Data Protection Bill/Act, 2023 · 2023-08-10 · Regulatory · https://www.lkslaw.com/insights/events/digital-personal-data-protection-bill-act-2023 · The Digital Personal Data Protection Bill, 2023 (“DPDP Bill”) was finally passed by the Parliament which will give India, its first comprehensive privacy legislation. Like its previous iterations, the Bill seeks to establish a regulatory body called the Data Protection Board of India
Webinar for E-commerce sector · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/events/e-commerce-sector-50th-gst-council-meeting · The 50th GST Council Meeting has proved to be a significant milestone in the tumultuous journey of GST. The Circulars which followed the meeting suggests that the Council has attempted to tackle several complex and controversial issues that have plagued the industry with uncertainty for the last six years
7th year of GST – Analysis of certain pain points and way forward · 2023-07-20 · (no practice area listed) · https://www.lkslaw.com/insights/events/7th-year-of-gst · Tax laws are ever evolving. The 50th GST Council Meeting has proved to be a significant milestone in the tumultuous journey of GST. The Council has attempted to tackle several complex and controversial issues that have plagued the industry with uncertainty for the last six years.
SEBI LODR Amendment 2023 : Key takeaways and immediate action points · 2023-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/events/sebi-lodr-amendment-2023 · The SEBI LODR Amendment dated 14 June 2023, effective from 15 July 2023 has bought about significant changes which include the materiality criteria for disclosures for listed companies and also events or information that need to be disclosed along with implications on the continuous and existing events or information.
50th GST Council Meeting - Decoding the Recommendations · 2023-07-13 · (no practice area listed) · https://www.lkslaw.com/insights/events/50th-gst-council-meeting-decoding-the-recommendations · The 50th GST Council Meeting has proved to be a significant milestone in the tumultuous journey of GST. The Press Release issued for summarizing the recommendations suggests that the Council has attempted to tackle several complex and controversial issues that have plagued the industry with uncertainty for the last six years.
50th GST Council Meeting - Impact on online gaming companies · 2023-07-13 · (no practice area listed) · https://www.lkslaw.com/insights/events/50th-gst-council-meeting-impact-on-online-gaming-companies · The Goods and Services Tax Council (‘GST Council’) in its 50th meeting held on 11 July 2023 has announced its decision to levy 28 per cent tax on full face value for online gaming, casinos and horse racing.
Recent Trends in GST & Income Tax · 2023-07-13 · (no practice area listed) · https://www.lkslaw.com/insights/events/recent-trends-in-gst-income-tax · The focus of the Government to simplify tax laws with an intent to promote growth and ensure ease of doing business in India is apparent in the current economic climate. This mandate has rendered amendments to tax laws unavoidable, giving rise to many new and varied interpretations. Tax legislations, in specific, are infamous for producing numerous disputes on account of opposing positions adopted by taxpayers and the taxman.
Investigations and Audit under Customs Law · 2023-07-10 · Customs · https://www.lkslaw.com/insights/events/investigations-and-audit-under-customs-law · We are pleased to inform you that Institute of Business Laws (IBL) along with Knowledge Partner Lakshmikumaran & Sridharan (LKS), is organising a Seminar on Investigations and Audit under Customs law, in Mumbai to guide manufacturers, service providers, exporters, importers, entrepreneurs and others from trade and commerce.
Re-opening of assessment to tax share premium · 2023-07-06 · Direct Tax · https://www.lkslaw.com/insights/events/re-opening-of-assessment-to-tax-share-premium · During the period between 2007 and 2012, many companies were raising capital by issuing shares at a huge premium. The Income-tax department had re-opened assessment of all such companies that had issued shares at a price higher than the book value of the company. In many cases, the return was processed u/s 143(1) of the Income-tax Act, and hence the Revenue Authorities claimed the reopening of assessment to be in due compliance of law.
TCS on foreign remittances · 2023-07-03 · Direct Tax · https://www.lkslaw.com/insights/events/tcs-on-foreign-remittances · Section 206C(1G) of the Income-tax Act, 1961 (‘IT Act’) introduced by the Finance Act, 2020, provides for Tax Collection at Source (‘TCS’) on (i) foreign remittance under the Liberalised Remittance Scheme (LRS) in excess of INR 7 lakh per year, and on (ii) sale of overseas tour program package. The Finance Act, 2023, (i) increased the rate of TCS from 5% to 20%, and (ii) removed the threshold of INR 7 lakh for triggering TCS on LRS. These amendments were to take effect from 1 July 2023.
National Tax Conference being organized by AIFTP, RBA & MTB · 2023-07-03 · (no practice area listed) · https://www.lkslaw.com/insights/events/national-tax-conference-being-organized-by-aiftp-rba-mtb · Lakshmikumaran & Sridharan Attorneys is participating as one of the Session Partner in National Tax Conference being organized by All India Federation of Tax Practitioners(SZ), Revenue Bar Association- Chennai & Madras Tax Bar
Tax Round Table 2023 by Taxsutra · 2023-07-03 · Direct Tax · https://www.lkslaw.com/insights/events/tax-round-table-2023-by-taxsutra · Lakshmikumaran & Sridharan Attorneys is participating in a physical one-day seminar being organised by Taxsutra in Bengaluru.
Seminar on 6 years of GST: Transforming the Indirect Taxation System, by ASSOCHAM · 2023-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/seminar-on-6-years-of-gst-transforming-the-indirect-taxation-system-by-assocham · Lakshmikumaran & Sridharan Attorneys is participating as one of the Session Partner in the following seminar being organized by ASSOCHAM
Supreme court upholds pre-import condition under Advance Authorisation · 2023-05-03 · Customs · https://www.lkslaw.com/insights/events/supreme-court-upholds-pre-import-condition-under-advance-authorisation · In a landmark judgment, the Apex Court has set aside Gujarat High Court judgement with respect to fulfilment of pre-import condition under the Advance Authorisation Scheme as contemplated in Notification No. 79/2017-Cus., dated 13 October 2017. As a result, assessees who had claimed IGST exemption on imports during the period from 13 October 2017 to 9 January 2019 may be required to surrender the same.
IT Intermediary Amendment Rules 2023 For Online Real Money Gaming · 2023-04-11 · Regulatory · https://www.lkslaw.com/insights/events/it-intermediary-amendment-rules-2023 · Taking into account the inputs received from various stakeholders, the Central Government has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023
Foreign Trade Policy 2023: A Deep Dive · 2023-04-11 · Customs · https://www.lkslaw.com/insights/events/foreign-trade-policy-2023 · The much-awaited Foreign Trade Policy 2023 intends to modify various export promotion schemes and procedures for export and import. The Finance Act, 2023 has proposed changes to the Manufacture & Other Operations in Bonded Warehouse (MOOWR) Scheme. Additionally, an Amnesty Scheme has also been introduced for regularizing the Export Obligation defaults under Advance Authorisation and EPCG Scheme.
Budget 2023 – A Deep Dive into the Tax Proposals · 2023-01-20 · Customs · https://www.lkslaw.com/insights/events/budget-2023-a-deep-dive-into-the-tax-proposals · Lakshmikumaran & Sridharan Attorneys (LKS) is organizing a webinar on “Budget 2023 – A Deep Dive into the Tax Proposals” for an in-depth analysis of the important proposals made in the Budget 2023 and various hits & misses. The discussion would include examination of legislative history, interpretation by Courts, the need for amendments, as well as the implication of the amendments on past and future transactions.
Morning briefing on Competition Law & Data Protection · 2022-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/events/morning-briefing-on-competition-law-data-protection · This session will deep dive into the impact of the recent Competition Commission of India’s (CCI) judgments penalizing major digital/tech. companies for antitrust violations. These judgments mark a first in a series of several investigations into the conduct and business practices of digital market companies in India. The CCI has directed major behavioral changes and imposed prohibitive penalties.
Free Trade Agreements and GST - Engines of Growth · 2022-12-02 · (no practice area listed) · https://www.lkslaw.com/insights/events/free-trade-agreements-and-gst-engines-of-growth-1st-dec · GST helped remove internal barriers to trade, unifying the indirect taxes. By removing the cascading effect of taxes, GST brought down manufacturing costs. India now intends to remove barriers to cross-border trade and investments. Having already signed Free Trade Agreements (FTAs) with UAE and Australia, and edging closer to inking deals with UK, the EU and Canada, among others, India is poised to boost its position in the global economy as a frontrunner. The world is India’s market.
Educational Institution’s eligibility to tax exemption · 2022-11-16 · Direct Tax · https://www.lkslaw.com/insights/events/educational-institution-s-eligibility-to-tax-exemption · Globally, institutional institution imparting education are largely kept outside tax net. In India, Section 10(23C) of the Income-tax Act, 1961 extents such exemption inter alia to institutions ‘solely’ engaged in educational activities. The Section also exempts the profits derived by such institution from businesses incidental to the ‘sole’ activity of education.
Initial Public Offers (IPOs) - Decoding issues under GST · 2022-11-16 · (no practice area listed) · https://www.lkslaw.com/insights/events/initial-public-offers-ipos-decoding-issues-under-gst · Raising funds is crucial at many stages in the life cycle of a company. Traditionally, the funds could be brought-in either by the promoters or could be raised by debt. However, with the bullish Indian stock market, more and more companies are raising funds by using the option of initial public offerings (IPOs).
Online Gaming – GST and income-tax issues · 2022-10-07 · (no practice area listed) · https://www.lkslaw.com/insights/events/online-gaming-gst-and-income-tax-issues · The online gaming sector is facing increased scrutiny from taxman lens. Many a times, interpretation issues are given the colour of tax evasion. An investigation often consists of survey, audit, searches, seizure of documents, goods and summoning of officials including CEOs, Chairman, Directors for recoding of statements. It is necessary to understand the duties, responsibilities and rights of the company officials before, during and after an investigation.
TDS on benefits and perquisites · 2022-09-20 · (no practice area listed) · https://www.lkslaw.com/insights/events/tds-on-benefits-and-perquisites · The introduction of Section 194R to the Income-tax Act, 1961 by the Finance Act, 2022 has raised many practical challenges. Though the TDS provision is intended to ensure effective compliance of substantive law made in 1964, the wordings of the TDS provisions required businesses to have a complete re-look on the manner in which their affairs were arranged.
Demystifying the New Overseas Investment Framework · 2022-08-24 · (no practice area listed) · https://www.lkslaw.com/insights/events/demystifying-the-new-overseas-investment-framework · The revised regulatory framework for overseas investment provides for simplification of the existing framework for overseas investment and has been aligned with India’s current business & economic dynamics. There are significant changes that could affect cross border/ M&A activity of Indian residents.
GST / Service Tax applicability on liquidated damages, late fee, compensation etc. · 2022-08-12 · (no practice area listed) · https://www.lkslaw.com/insights/events/gst-service-tax-applicability-on-liquidated-damages-late-fee-compensation-etc · The declared service of ‘agreeing to the obligation to refrain from an act or to tolerate an act or situation, or to do an act’ was first introduced in the service tax regime and the same has been specifically declared as a service under the GST regime as well. The scope and applicability of this entry on liquidated damages, compensation, late fee, penalty etc., has been a subject matter of debate and dispute since the beginning.
Free Trade Agreements and GST – Engines of Growth · 2022-07-22 · (no practice area listed) · https://www.lkslaw.com/insights/events/free-trade-agreements-and-gst-engines-of-growth · GST helped remove internal barriers to trade, unifying the indirect taxes. By removing the cascading effect of taxes, GST brought down manufacturing costs. India now intends to remove barriers to cross-border trade and investments.
Section 194R of the Income Tax, 1961 | TDS on Benefits and Perks · 2022-07-21 · Direct Tax · https://www.lkslaw.com/insights/events/section-194r-of-the-income-tax-1961-tds-on-benefits-and-perks · It is commonplace for business entities to incentivize their stakeholders and partners such as dealers, distributors, or agents through different monetary and non-monetary ‘benefits or perquisites’. Discounts, gifts, free samples, sponsored travel packages etc. are some of the common illustrations of benefits and perquisites extended.
New Income Tax Re-assessment Regime · 2022-06-15 · Direct Tax · https://www.lkslaw.com/insights/events/new-income-tax-re-assessment-regime · A new re-assessment regime has been introduced under the Income-tax Act, 1961 (‘Act’) with effect from 1st April 2021 bringing in sweeping changes in both law and practice. While the erstwhile scheme was founded upon the Assessing Officer’s “reason to believe” that income chargeable to tax has escaped assessment, the new regime is centered around robust information collection mechanism (including inter departmental communications) being developed by the CBDT.
GST on ocean freight and service tax on secondment of employees · 2022-05-23 · (no practice area listed) · https://www.lkslaw.com/insights/events/gst-on-ocean-freight-and-service-tax-on-secondment-of-employees · The Supreme Court on 19th of May delivered two historic decisions, Union of India v. Mohit Minerals and Commissioner v. Northern Operating Systems. The decision in Mohit Minerals case holds that IGST is not payable by the importer on the ocean freight component when goods are being imported on CIF basis.
Telangana State One-time Settlement Scheme, 2022 · 2022-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/events/telangana-state-one-time-settlement-scheme-2022 · The Government of Telangana has introduced a ‘One Time Settlement Scheme’ vide Order No. G.O.Ms. No. 45 dated 9.5.2022 to settle the disputed tax under the legacy Acts such as Andhra Pradesh General Sales Tax Act, 1957, the Telangana Value Added Tax Act, 2005, the Central Sales Tax Act, 1956 and the Telangana Entry of the Goods into Local Areas Act, 2001.
Income tax reassessment notices under erstwhile Section 148 - Recent Supreme Court judgment and the way forward · 2022-05-05 · Direct Tax · https://www.lkslaw.com/insights/events/income-tax-reassessments-notices-under-erstwhile-section-148 · The Supreme Court in its recent judgment of Union of India v. Ashish Agarwal [Civil Appeal No 3005/2022, decision dated 4 May 2022], has sought to strike a balance between the amendments made by the Finance Act, 2021 to the scheme of re-assessment, and the extension of period of limitation by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020
‘Repackaging’ the Legal Metrology Rules - An in-depth analysis of recent amendments · 2022-03-11 · Regulatory · https://www.lkslaw.com/insights/events/repackaging-the-legal-metrology-rules · The avowed objective of the Legal Metrology Act, 2009 is to protect the interest of consumers from the perspective of security and accuracy of weighments and measurements. In furtherance of the same, Legal Metrology Packaged Commodities Rules, 2011 inter alia mandates printing of specified declarations on commodities imported/manufactured and sold in pre-packaged form. Recently certain amendments have been proposed to the PC Rules and the same will be made effective from 01.04.2022.
ISD & Cross Charge – Mutually exclusive or simultaneously mutual? · 2022-02-25 · (no practice area listed) · https://www.lkslaw.com/insights/events/isd-cross-charge · Since the time GST has been in force, w.e.f. 01.07.2017, there has been quite an amount of deliberation, debate and ambiguity on the aspects of “Input Service Distribution (ISD)” [which deals with distribution of input tax credits on input services] and “Cross charging” [which deals with provision of support services by one distinct person/related party to another distinct person/related party in terms of Schedule I of the CGST Act]. There has always been a doubt as to whether both are required
Crypto Transactions – Analysis of Tax introduced in Union Budget 2022-23 · 2022-02-25 · Direct Tax · https://www.lkslaw.com/insights/events/crypto-transactions-analysis-of-tax-introduced-in-union-budget · LKS is delighted to present to you a special webinar on "Crypto Transactions – Analysis of Tax introduced in Union Budget 2022-23". The session shall be led by our eminent tax expert Mr. Badri Narayanan, Executive Partner who shall dwell upon the newly introduced tax implications and challenges surrounding the cryptocurrencies.
Budget 2022 – Decoding the Tax Proposals · 2022-01-31 · Direct Tax · https://www.lkslaw.com/insights/events/budget-2022-decoding-the-tax-proposals · The Union Finance Minister will be presenting the Union Budget 2022 on 1 February 2022. Lakshmikumaran & Sridharan, is organizing a webinar on “Budget 2022 – Decoding the Tax Proposals” on 2 February 2022 (Wednesday), from 04:30 pm to 06:00 pm to dissect and analyse the tax proposals and their possible impact on various stakeholders like manufacturers, service providers, traders, exporters, importers, etc.
Initial Public Offers (IPOs) – Analysis of issues under GST and Income-tax laws · 2022-01-12 · (no practice area listed) · https://www.lkslaw.com/insights/events/initial-public-offers-ipos-analysis-of-issues-under-gst-and-income-tax-laws · Raising funds is crucial at many stages in the life cycle of a company. Traditionally, the funds could be brought-in either by the promoters or could be raised by debt. However, with the bullish Indian stock market, more and more companies are raising funds by using the option of initial public offerings (IPOs).
Taxability of Overseas Digital Services In India · 2022-01-10 · (no practice area listed) · https://www.lkslaw.com/insights/events/taxability-of-overseas-digital-services-in-india · Based on the OECD recommendations, India has imposed Goods and Services Tax (GST) on digital services. The concept is similar to electronically supplied services (ESS) taxed under the European VAT regime. Under the GST law in India, any foreign company making B2C supplies of services which are delivered over the internet and are essentially automated, involving minimal human intervention, is required to pay tax in India.
Regulating Cryptocurrency in the New Digital Era · 2021-11-22 · Regulatory · https://www.lkslaw.com/insights/events/regulating-cryptocurrency-in-the-new-digital-era · Cryptocurrencies are the most happening thing at present around the world. Though, volatile nature of cryptocurrencies has contributed to the wealth of many investors in India, it poses serious risks as these are not regulated by the Central Government/Reserve Bank of India and not recognised as legal tender till date.
LKS webinar on Tax Litigation Handholding · 2021-11-10 · Direct Tax · https://www.lkslaw.com/insights/events/l-s-webinar-on-tax-litigation-handholding · Recent trends demonstrate that investigations including physical search and raids by the Taxman have become commonplace. While the necessity of this exercise to apprehend tax evaders cannot be doubted, the same should be employed with utmost caution. Due weightage must be given to the complexities that any tax legislation poses in interpretation and compliance.
Webinar Series on GST: A lookback and the road ahead · 2021-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-series-on-gst-a-lookback-and-the-road-ahead · Multiple amendments have been made to the Goods and Services Tax law subsequent to its implementation and judicial developments have both clarified and complicated the law further. This has had an adverse impact on businesses which are increasingly reliant on the system but must also modify their practices to be compliant with the law.
Inverted tax refund of input service credit : An unserviceable claim · 2021-09-17 · (no practice area listed) · https://www.lkslaw.com/insights/events/inverted-tax-refund-of-input-service-credit-an-unserviceable-claim · Lakshmikumaran and Sridharan (LKS) is organising a webinar on the recent decision of Supreme Court in case of VKC Footsteps. Noting certain inequities and anomalies as pointed out by the assessee, the Apex Court has urged the GST Council to reconsider the formula for refund in case of inverted tax structure.
RoDTEP – Benefits, Challenges and the Way Forward · 2021-08-23 · Customs · https://www.lkslaw.com/insights/events/rodtep-benefits-challenges-and-the-way-forward · Ministry of Commerce vide Notification dated 17 August 2021 has notified the RoDTEP scheme. DGFT has also issued Appendix-4R specifying the rates for various sectors under the scheme. Broadly, the scheme is applicable with effect from 1 January 2021, however, there are categories for which the date is yet to be implemented.
New re-assessment provisions - An end to litigative past? · 2021-08-12 · Direct Tax · https://www.lkslaw.com/insights/events/new-re-assessment-provisions-an-end-to-litigative-past · Re-assessment under the Income Tax Law has always been a subject matter of frequent stand-off between the assessors and the assessee. The Finance Act, 2021 has revamped the entire scheme of re-assessment at a time when one thought jurisprudence on this subject has well evolved with various Courts establishing settled positions of law.
Legislative re-engineering of re-assessment provisions: A blessing in disguise · 2021-08-12 · Direct Tax · https://www.lkslaw.com/insights/events/legislative-re-engineering-of-re-assessment-provisions-a-blessing-in-disguise · The tax proposals presented during the recent Union Budget in February 2021 reflects the principle - Minimum Government, Maximum Governance. To achieve this objective, changes proposed to existing tax laws have been aimed at simplifying administration, ease in compliance and mitigating litigation.
Taxation of Partners on Capital Appreciation - 75 years and Still Counting · 2021-08-12 · Direct Tax · https://www.lkslaw.com/insights/events/taxation-of-partners-on-capital-appreciation-75-years-and-still-counting · Since the introduction of capital gain taxes in India in 1947, the question of taxation of a partner on his capital balance appreciation has been subjected to judicial debate in various dimensions. Common law did not consider a partner as a person distinct from a firm, and hence, Courts have repeatedly held that a partner cannot make taxable profits from the firm.
Exploring the Scope of Diagnostic Patents with special reference to Section 3(i) of the Patents Act · 2021-07-06 · Intellectual Property · https://www.lkslaw.com/insights/events/exploring-the-scope-of-diagnostic-patents-with-special-reference-to-section-3-i-of-the-patents-act · Legal Aid Society, Campus Law Centre, University of Delhi is organizing the webinar titled “Exploring the Scope of Diagnostic Patents with special reference to Section 3(i) of the Patents Act”
Decoding the New Income Tax TDS and TCS on Goods · 2021-06-12 · (no practice area listed) · https://www.lkslaw.com/insights/events/decoding-the-new-income-tax-tds-and-tcs-on-goods · The Finance Act, 2020 extended the ambit of Tax Collection at Source (TCS) to sale of any goods [Section 206C(1H) of the Income Tax Act, 1961]. Now, the same transactions have also been included within the scope of Tax Deduction at Source (TDS) by the Finance Act, 2021 with effect from 1st July, 2021 [Section 194Q]
Changes in CSR provisions and treatment of CSR expenses under tax laws · 2021-06-01 · Direct Tax · https://www.lkslaw.com/insights/events/changes-in-csr-provisions-and-treatment-of-csr-expenses-under-tax-laws · The second wave of Covid-19 pandemic has re-emphasised the importance of CSR spending. Recently, the Ministry of Corporate Affairs has also notified amendments to Section 135 of the Companies Act, 2013 and the Companies (Corporate Social Responsibility) Rules, 2014, effective from 22 January 2021 and also issued certain clarifications in the form of General Circulars.
Customs Bonded Manufacturing & Warehousing Scheme · 2021-05-05 · Customs · https://www.lkslaw.com/insights/events/customs-bonded-manufacturing-warehousing-scheme · There are various challenges/complexities arising in the export promotion schemes viz., Advance Authorisation /EOU/SEZ etc. Hence, the government has initiated to promote the ‘Bonded Manufacturing & Warehousing Scheme’ as a part of Make in India initiative. In fact, various amendments have also been made in the scheme during last couple of years to make it business-friendly and bring down legal ambiguities.
Choosing the Right Export Promotion Scheme · 2021-05-05 · Customs · https://www.lkslaw.com/insights/events/choosing-the-right-export-promotion-scheme · The webinar will compare and analyse the four export promotion schemes - Advance Authorisation/EPCG, EOU, SEZ and Customs bonded manufacturing facility.
Insolvency and Bankruptcy Code (Amendment) Ordinance 2021 · 2021-04-22 · Insolvency · https://www.lkslaw.com/insights/events/insolvency-and-bankruptcy-code-amendment-ordinance-2021 · The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 has been promulgated on 4th April 2021 introducing pre-packaged insolvency resolution process for corporate persons classified as micro, small and medium enterprises (MSME).
Bonded Manufacturing & Warehousing Scheme for Exporters · 2021-04-21 · Customs · https://www.lkslaw.com/insights/events/bonded-manufacturing-warehousing-scheme-for-exporters · The government has been promoting the ‘Bonded Manufacturing & Warehousing Scheme’ which is contemplated under Sections 58 and 65 of the Customs Act 1962 as part of Make in India initiative. The scheme saw various amendments in the last couple of years to make it business-friendly.
Important issues in GST for the ‘Manufacturing Sector’ · 2021-04-08 · (no practice area listed) · https://www.lkslaw.com/insights/events/important-issues-in-gst-for-the-manufacturing-sector · This webinar organised by Lakshmikumaran & Sridharan will focus on certain important issues which are to be taken care by the ‘manufacturing sector’ in respect of Goods and Services Tax (GST).
DRI officer not the ‘proper officer’ to issue Show Cause Notice - Impact of the recent judgment of the Supreme Court · 2021-03-26 · Customs · https://www.lkslaw.com/insights/events/dri-officer-not-the-proper-officer-to-issue-show-cause-notice-impact-of-the-recent-judgment-of-the-supreme-court · The Supreme Court in a recent landmark judgement has held that DRI officer is not ‘the proper officer’ to issue show cause notices under Section 28(4) of the Customs Act, 1962. The genesis of the dispute was an investigation initiated by the DRI in 2013 which culminated into a show cause notice in August 2014, covering imports made between 2012-2014.
SC Judgment on Software Royalty – End of a Battle Royale? · 2021-03-26 · Direct Tax · https://www.lkslaw.com/insights/events/sc-judgment-on-software-royalty-end-of-a-battle-royale · The Supreme Court in its recent judgment in the case of Engineering Analysis Centre of Excellence Private Limited has held that the sum payable by the resident end users/distributors to non-resident software manufacturers/distributors is not royalty and not chargeable to tax in India. Experts from Lakshmikumaran & Sridharan will be addressing the audience virtually to share finer nuances of the recent judgment.
Incentives received by travel agents - Taxability under BAS - Impact of CESTAT LB decision · 2021-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/events/incentives-received-by-travel-agents-taxability-under-bas · The Larger Bench of CESTAT in a recent landmark decision in the case of Kafila Hospitality & Travels Pvt. Ltd., has held that the target incentives / Performance Linked Bonus (PLB) Commission received by air travel agents from the airlines and commission received from CRS companies is not subject to service tax under the category of ‘Business Auxiliary Services’.
SC decision on classification of goods for railways – Impact on automobile and other sectors · 2021-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/events/sc-decision-on-classification-of-goods-for-railways-impact-on-automobile-and-other-sectors · While classification of goods has always been a disputable area, parts of railway and automobiles have been particularly under the scanner. This has been the scenario across Customs, Central Excise, VAT and now, GST laws.
Webinar - The Biodiversity Act & compliance in India · 2020-07-25 · Intellectual Property · https://www.lkslaw.com/insights/events/the-biodiversity-act-compliance-in-india · Centre for Cellular and Molecular Platforms (C-CAMP), is organising an online training program on the Biodiversity Act and compliance in India.
LKS Webinar: Creating Value from Bio resources - Understanding and Navigating the National Biodiversity Act · 2020-07-02 · Intellectual Property · https://www.lkslaw.com/insights/events/creating-value-from-bio-resources · This session will discuss the overview of the regulatory regime under the Biological Diversity Act, 2002 (“BDA”) and the Rules framed there under...
Webinar - Recent issues relating to Indirect Tax and Key Employment Considerations in view of Covid-19 · 2020-05-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-recent-issues-relating-to-indirect-tax-and-key-employment-considerations-in-view-of-covid-19 · Lakshmikumaran & Sridharan, Attorneys in association with Baddi Barootiwala Nalagarh Industries Association, is organising a Webinar on the recent indirect tax developments and employer-employee issues arising in view of the Covid-19 pandemic.
Webinar - Recent developments under GST – Analysis of recent changes, judgements and rulings · 2020-05-28 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-recent-developments-under-gst-analysis-of-recent-changes-judgements-and-rulings · Lakshmikumaran & Sridharan, Attorneys in association with Federation of Jharkhand Chamber of Commerce and Industries, is organising a Webinar on the recent developments under Goods and Services Tax (GST).
Webinar - Covid-19: Legal and business issues in the Healthcare sector · 2020-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-covid-19-legal-and-business-issues-in-the-healthcare-sector · The webinar will focus on various legal and business issues arising out of the present Covid-19 emergency in the healthcare sector.
Webinar - EOUs and SEZs – Overview and challenges · 2020-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-eous-and-sezs-overview-and-challenges · The scheme of EOU has been in operation since last four decades. Further, separate enactment of SEZ law (in 2005) has been in operation since last one and half decade or so. Over a period of time, various amendments have been made in both the schemes i.e. EOU / SEZ by the Ministry of Commerce or Ministry of Finance, as the case may be.
Webinar - Recent changes in GST, Customs and FTP · 2020-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-recent-changes-in-gst-customs-and-ftp · Lakshmikumaran & Sridharan is participating as Knowledge Partner in a webinar being organised by Faridabad Industries Association on ‘’Recent changes under GST, Customs and FTP’.
Webinar - GST developments in relations to Online Gaming · 2020-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/events/webinar-gst-developments-in-relations-to-online-gaming · The Online Gaming sector has seen multiple developments in tax policy and administration. Apart from judicial pronouncements, recent GST Council meetings have been abuzz with discussions on the GST implications of various activities such as lottery, casinos and online gaming.
COVID-19 – Force majeure and frustration of contracts · 2020-05-15 · (no practice area listed) · https://www.lkslaw.com/insights/events/covid-19-force-majeure-and-frustration-of-contracts · The ‘COVID-19’ was declared a pandemic by the World Health Organization on 11th March 2020. Since then, the Central and State Governments have taken various measures to contain the spread of the virus in India. The Central Government has passed orders under the Disaster Management Act declaring a ‘lockdown’ throughout India from 25th March 2020 to 17th May 2020, with certain exemptions and relaxations from time to time.
Automobile and Auto Component Sector – Implications under Direct and Indirect Tax and Customs · 2020-05-15 · (no practice area listed) · https://www.lkslaw.com/insights/events/automobile-and-auto-component-sector-implications-under-direct-and-indirect-tax-and-customs · Lakshmikumaran and Sridharan Attorneys is pleased to announce a Webinar from the series of knowledge sharing webinars focused on different industries.
No Trade Secret protection over patented know-how · 2020-04-14 · (no practice area listed) · https://www.lkslaw.com/insights/events/no-trade-secret-protection-over-patented-know-how · A Single Judge of the Delhi High Court, in March 2020, examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India, in the case of Prof. Dr. Claudio de Simone &Anr. v. ActialFarmaceuticaSrl. (formerly known as CD Investment Srl.) &Ors. The Plaintiffs, Professor Dr. Claudio De Simone (Plaintiff no.1); and Next Gen Pharma India Pvt. Ltd.
COVID-19 – Analysis of Price Fixation Orders under Essential Commodities Act · 2020-04-07 · (no practice area listed) · https://www.lkslaw.com/insights/events/covid-19-analysis-of-price-fixation-orders-under-essential-commodities-act · As the country went into the lockdown, the authorities had a task of keeping supply chains of commodities like masks and sanitizers, active and running - the products essential in the country’s fight against the pandemic Covid-19. Further, the new-found demand for sanitizers and masks also initially led to an increase in their prices. Whereas, the availability of masks and sanitizers of right quality and right prices is essential in combating pandemic Covid19.

## Newsletters (946)

International Trade Amicus, September 2026 · 2026-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2026 · We are pleased to share LKS International Trade Amicus, September 2026 edition.
Corporate Amicus, September 2026 · 2026-10-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2026 · We are pleased to share LKS Corporate Amicus, September 2026 edition.
Indirect Tax Amicus, September 2026 · 2026-09-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-september-2026 · We are pleased to share LKS Indirect Tax Amicus, September 2026 edition.
HyMA Update, August 2026 · 2026-09-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-update-august-2026 · We are pleased to share LKS HyMA Update for the month of August 2026.
IPR Amicus, September 2026 · 2026-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2026 · We are pleased to share LKS IPR Amicus, September 2026 edition.
Direct Tax Amicus, September 2026 · 2026-09-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2026 · We are pleased to share LKS Direct Tax Amicus, September 2026 edition.
International Trade Amicus, August 2026 · 2026-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2026 · International Trade Amicus covers developments in Trade Remedies by India and against India, WTO news, India FTA update, and ratio of certain recent case law which have an important bearing on India's international trade.
Indirect Tax Amicus, August 2026 · 2026-09-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-august-2026 · We are pleased to share LKS Indirect Tax Amicus, August 2026 edition
BIS Amicus, August 2026 · 2026-09-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-august-2026 · We are pleased to share LKS BIS Amicus for the month of August 2026
Corporate Amicus, August 2026 · 2026-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2026 · We are pleased to share Corporate Amicus, August 2026 edition
IPR Amicus, August 2026 · 2026-08-31 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2026 · IPR Amicus covers developments in patents, trademarks, copyrights and other IP laws in India and abroad.
LKS HyMA Update, July 2026 · 2026-08-25 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/lks-hyma-update-july-2026 · We are pleased to share LKS HyMA Update for the month of July 2026
Direct Tax Amicus, August 2026 · 2026-08-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2026 · We are pleased to share LKS Direct Tax Amicus, August 2026 edition
International Trade Amicus, July 2026 · 2026-08-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2026 · We are pleased to share LKS International Trade Amicus, July 2026 edition.
Corporate Law Quarterly Update, April-June 2026 · 2026-08-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/corporate-law-quarterly-update-april-june-2026 · We are pleased to share LKS Corporate Law Quarterly Update, April- June 2026
Indirect Tax Amicus, July 2026 · 2026-08-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-july-2026 · We are pleased to share the LKS Indirect Tax Amicus, July 2026 edition.
BIS Amicus, July 2026 · 2026-08-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-july-2026 · We are pleased to share LKS BIS Amicus for the month of July 2026
Competition Law, August 2026 · 2026-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-august-2026 · We are pleased to shared LKS Competition Law Newsletter, August 2026 edition.
Corporate Amicus, July 2026 · 2026-08-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2026 · We are pleased to share the Corporate Amicus, July 2026 edition.
IPR Amicus, July 2026 · 2026-07-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2026 · By Malathi Lakshmikumaran · We are pleased to share LKS IPR Amicus - July 2026 edition.
HyMA Update, June 2026 · 2026-07-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-update-june-2026 · We are pleased to share LKS HyMA Update for the month of June 2026
Direct Tax Amicus, July 2026 · 2026-07-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2026 · We are pleased to share LKS Direct Tax Amicus, July 2026 edition.
BIS Amicus, June 2026 · 2026-07-15 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-june-2026 · We are pleased to share LKS BIS Amicus, June 2026 edition.
International Trade Amicus, June 2026 · 2026-07-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2026 · By Devinder Bagia · We are pleased to share LKS International Trade Amicus, June 2026 edition.
Corporate Amicus, June 2026 · 2026-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2026 · We are pleased to share Corporate Amicus - June 2026 edition.
Indirect Tax Amicus, June 2026 · 2026-06-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-june-2026 · By Shreyash Agrawal · We are pleased to share LKS Indirect Tax Amicus - June 2026 edition.
IPR Amicus, June 2026 · 2026-06-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2026 · We are pleased to share LKS IPR Amicus, June 2026 editions
Direct Tax Amicus, June 2026 · 2026-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2026 · We are pleased to share LKS Direct Tax Amicus, June 2026 edition.
HyMA Update, May 2026 · 2026-06-15 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-may-2026 · We are pleased to share LKS HyMA Update for the month of May 2026
BIS Amicus, May 2026 · 2026-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-may-2026 · BIS Amicus covers developments relating to QCOs.
International Trade Amicus, May 2026 · 2026-06-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2026 · By Pareesha Gupta · The article in this issue of International Trade Amicus examines the recent final findings issued by India’s DGTR concerning imports of Non-phthalate Plasticizers from Korea RP under the India-Korea Comprehensive Economic Partnership Agreement (‘CEPA’).
TechnoLAWgy Bulletin, April-May 2026 · 2026-06-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/techno-la-wgy-bulletin/techno-la-wgy-bulletin-april-may-2026 · We are pleased to share the LKS TechnoLAWgy Bulletin for the months of April- May 2026, which provides key updates on technology and regulatory areas.
Indirect Tax Amicus, May 2026 · 2026-06-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-may-2026 · Indirect Tax Amicus covers developments in GST, Customs, Central Excise, Service tax and VAT
Competition Law, June 2026 · 2026-06-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-june-2026 · We are pleased to share the June 2026 issue of LKS Competition Law Newsletter
Corporate Amicus, May 2026 · 2026-06-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2026 · The article in this issue of Corporate Amicus examines popular mechanisms for contractually allocating and limiting risks to the benefit of all parties, like clauses for events of force majeure and change-in-law to provision for uncertain contingencies, and clauses for liquidated damages and limitation of liability to calibrate financial exposure.
IPR Amicus, May 2026 · 2026-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2026 · IPR Amicus covers the developments in the laws relating to intellectual property rights, covering Patents, Trademarks, Copyrights, Designs, Plant Varity Protection and Geographical Indications
Direct Tax Amicus, May 2026 · 2026-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2026 · The article in this issue of Direct Tax Amicus examines the statutory framework governing such powers and analyses the extent to which the reference before the AA can be altered without violating the jurisdictional architecture embedded under the Benami Act.
HyMA Update, April 2026 · 2026-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-april-2026 · By Kundan Kumar · We are pleased to share LKS HyMA Update for the month of April 2026
BIS Amicus, April 2026 · 2026-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-april-2026 · We are pleased to share LKS BIS Amicus for the month of April 2026.
International Trade Amicus, April 2026 · 2026-05-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2026 · This article aims to analyze how the USDOC reached these outcomes, with focus on adverse-facts-available (‘AFA’), critical circumstances, and the emerging issue of transnational subsidies linked to Chinese-origin inputs.
Corporate Law Quarterly Update, January-March 2026 · 2026-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/corporate-law-quarterly-update-january-march-2026 · We are pleased to share LKS Corporate Law Quarterly Update, January- March 2026
Corporate Amicus, April 2026 · 2026-05-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2026 · The Digital Personal Data Protection Act, 2023 (‘DPDP Act’) has altered how mergers and acquisitions are evaluated in India. The article in this issue of Corporate Amicus tries to break down a few aspects of the DPDP Act which need to be considered and accounted for during the lifecycle of an M&A transaction.
Indirect Tax Amicus, April 2026 · 2026-04-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-april-2026 · Indirect Tax Amicus for April 2026 covers developments in GST, Customs & FTP, and legacy laws.
Direct Tax Amicus, April 2026 · 2026-04-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2026 · Fees for Technical Services (FTS) are typically taxed where services are rendered, but many Indian tax treaties instead tax FTS based on the payer’s residence or an Indian PE. Three treaties, namely, India-China, India-Israel and India-Finland, however, depart from this approach by linking taxability to where services are performed. Discussing the question as to what it means to ‘render’ a service in India, the article in this issue of Direct Tax Amicus examines the domestic law history, India’s own treaty practice, and international jurisprudence on the subject. According to the authors, the expressions ‘services rendered in India’ and ‘services performed’ or ‘provided’ in India is understood to mean services physically carried out in India by the service provider, especially under the India-China, India-Israel and India-Finland tax treaties.
Competition Law, April 2026 · 2026-04-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-april-2026 · We are pleased to share the April 2026 issue of LKS Competition Law Newsletter
HyMA Update, March 2026 · 2026-04-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-march-2026 · By Kundan Kumar · We are pleased to share LKS HyMA Update for the month of March 2026
IPR Amicus, April 2026 · 2026-04-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2026 · The first article in this issue of IPR Amicus discusses at length a recent Division Bench decision of the Delhi High Court which brings clarity to the scope and limitation of GI registration under the Geographical Indication of Goods (Registration and Protection) Act, 1992.
International Trade Amicus, March 2026 · 2026-04-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2026 · By Pareesha Gupta · The article in this issue of International Trade Amicus examines recent initiations across various categories in the light of shifting trends in Indian trade remedy investigations. It also studies empirical trends across type, nature, country and sectors targeted by these actions.
Corporate Amicus, March 2026 · 2026-04-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2026 · The article discusses various judicial precedents and various issues on the Code on Social Security with respect to ‘contracting out’. According to them, this remains a nuanced issue and warrants closer examination, particularly in balancing contractual autonomy with the underlying objectives of labour welfare legislation.
BIS Amicus, March 2026 · 2026-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-march-2026 · BIS Amicus covers developments relating to Bureau of Indian Standards, including QCOs issued by BIS.
Indirect Tax Amicus, March 2026 · 2026-03-31 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-march-2026 · By Disha Bhandari · Indirect Tax Amicus covers recent developments in GST, Customs & FTP, Central Excise and Service Tax laws.
Direct Tax Amicus, March 2026 · 2026-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2026 · By Devashish Jain · The article in this issue of Direct Tax Amicus discusses the concept of updated returns, the changes proposed by Union Budget 2026, their impact and the hits and misses of the amendments
IPR Amicus, March 2026 · 2026-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2026 · By Prosenjit Chattopadhyay · LKS IPR Amicus covers developments in patents, trademarks, copyrights, designs and other IP laws.
HyMA Update, February 2026 · 2026-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-february-2026 · By Kundan Kumar · We are pleased to share LKS HyMA Update for the month of February 2026.
BIS Amicus, February 2026 · 2026-03-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-february-2026 · BIS Amicus covers recent developments relating to Bureau of Indian Standards, including those relating to QCOs.
International Trade Amicus, February 2026 · 2026-03-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2026 · By Gopakrushna Das · International Trade Amicus covers developments related to trade remedies, WTO, FTAs, etc.
Indirect Tax Amicus, February 2026 · 2026-03-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-february-2026 · By Ratan Jain · Indirect Tax Amicus for February 2026 covers developments in GST, Customs & FTP, and legacy laws.
Corporate Amicus, February 2026 · 2026-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/lks-corporate-amicus-february-2026 · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
IPR Amicus, February 2026 · 2026-02-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2026 · LKS IPR Amicus covers developments in patents, trademarks, copyrights, designs and other IP laws.
Direct Tax Amicus, February 2026 · 2026-02-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2026-1 · By Venkat Ramanan · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
Competition Law, February 2026 · 2026-02-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-february-2026 · We are pleased to share the February 2026 issue of LKS Competition Law Newsletter. This newsletter covers recent developments relating to competition/anti-trust law in India
HyMA Update, January 2026 · 2026-02-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-january-2026 · By Kundan Kumar · We are pleased to share LKS HyMA Update for the month of January 2026.
Indirect Tax Amicus, January 2026 · 2026-02-15 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-january-2026 · By Nupur Maheshwari, Shivam Mehta, Ankur Garg, Ratan Jain, Dhruv Matta · Indirect Tax Amicus for January 2026 covers developments in GST, Customs & FTP, and legacy laws.
Corporate Amicus, January 2026 · 2026-02-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2026 · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
International Trade Amicus, January 2026 · 2026-02-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2026 · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), India’s Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
BIS Amicus, January 2026 · 2026-02-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-january-2026 · We are pleased to share LKS BIS Amicus for January 2026
IPR Amicus, January 2026 · 2026-01-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2026 · This newsletter includes authored 'Article(s)' on relevant topics of current interest, 'Statute Update' on different legislative changes, ‘Ratio decidendi’ covering selected decisions of High Courts, Supreme Court of India and various other foreign courts, and ‘News Nuggets’ highlighting other important developments in this area of law.
Direct Tax Amicus, January 2026 · 2026-01-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2025-1 · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
Corporate Amicus, December 2025 · 2025-12-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2025 · By Krithika Jaganathan · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
International Trade Amicus, December 2025 · 2025-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2025 · By Divyashree Suri  · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), India’s Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
Direct Tax Amicus, December 2025 · 2025-12-25 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2025-1 · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
HyMA Update, December 2025 · 2025-12-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-december-2025 · We are pleased to share LKS HyMA Update for the month of December 2025.
IPR Amicus, December 2025 · 2025-12-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2025 · By Prosenjit Chattopadhyay · Adding to the judgements issued by various courts regarding the application of Section 3(h) of the Patents Act, 1970, the Calcutta High Court has clarified that merely because an invention is related to agriculture or horticulture, it cannot be considered non-patentable under Section 3(h).
HyMA Update, November 2025 · 2025-12-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-november-2025 · We are pleased to share the November 2025 issue of the e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
BIS Amicus, November-December 2025 · 2025-12-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-november-december-2025 · We are pleased to share LKS BIS Amicus for November-December 2025.
Competition Law, December 2025 · 2025-12-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-december-2025 · We are pleased to share the December 2025 issue of LKS Competition Law Newsletter. This newsletter covers recent developments relating to competition/anti-trust law in India.
International Trade Amicus, November 2025 · 2025-12-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2025 · By Gopakrushna Das, Pareesha Gupta · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), India’s Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
Corporate Amicus, November 2025 · 2025-12-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2025 · By Shipra Verma · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
Corporate Law Quarterly Update, October-December 2025 · 2025-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/corporate-law-quarterly-update-october-december-2025 · We are pleased to share LKS Corporate Law Quarterly Update, October-December 2025
Indirect Tax Amicus, December 2025 · 2025-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-december-2025 · Indirect Tax Amicus for December 2025 covers developments in GST, Customs & FTP, and legacy laws.
IPR Amicus, November 2025 · 2025-11-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2025 · By Malathi Lakshmikumaran · The article in this issue of IPR Amicus discusses a major challenge under Section 6 of the BDA read with Rule 16 of the Biological Diversity Rules, 2024 in the interpretation of the term ‘access’.
Direct Tax Amicus, November 2025 · 2025-11-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2025-1 · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
HyMA Update, October 2025 · 2025-11-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-october-2025 · We are pleased to share the October 2025 issue of the e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
TechnoLAWgy Bulletin, November 2025 · 2025-11-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/techno-la-wgy-bulletin/techno-la-wgy-bulletin-november-2025 · We are pleased to share the LKS TechnoLAWgy Bulletin for the month of November 2025. which provides key updates on technology and regulatory areas.
International Trade Amicus, October 2025 · 2025-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2025 · By Gopakrushna Das · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
Parallel proceedings by State and Central Authorities when permissible/not permissible · 2025-11-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/parallel-proceedings-by-state-and-central-authorities-when-permissible-not-permissible · Parallel proceedings by State and Central Authorities when permissible/not permissible
Revision of MRP in case of change GST Rate: GST 2.0 Reforms · 2025-11-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/revision-of-mrp-in-case-of-change-gst-rate-gst-2-0-reforms · Revision of MRP in case of change GST Rate: GST 2.0 Reforms
Indirect Tax Amicus, November 2025 · 2025-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-november-2025 · Indirect Tax Amicus for November 2025 covers developments in GST, Customs & FTP, and legacy laws.
Indirect Tax Amicus, October 2025 · 2025-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-october-2025 · Indirect Tax Amicus for October 2025 covers developments in GST, Customs & FTP, and legacy laws.
Corporate Law Quarterly Update, July-September 2025 · 2025-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/corporate-law-quarterly-update-july-september-2025 · We are pleased to share LKS Corporate Law Quarterly Update, July-September 2025
Corporate Amicus, October 2025 · 2025-10-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2025 · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
BIS Amicus, October 2025 · 2025-10-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-october-2025 · We are pleased to share LKS BIS Amicus for October 2025 edition.
IPR Amicus, October 2025 · 2025-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2025 · By Malathi Lakshmikumaran · India’s legal framework governing patents and biodiversity reflects a nuanced and progressive approach to balancing technological advancement with ecological stewardship. The Patents Act fosters innovation, while Biological Diversity Act, 2002 (as amended) ensures that such innovation respects and rewards the contributions of India’s biodiversity and indigenous communities.
Direct Tax Amicus, October 2025 · 2025-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2025-1 · By Venkat Ramanan · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
HyMA Update, September 2025 · 2025-10-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-september-2025 · We are pleased to share the September 2025 issue of the e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
Competition Law, October 2025 · 2025-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-october-2025 · We are pleased to share the October 2025 issue of LKS Competition Law Newsletter. This newsletter covers recent developments relating to competition/anti-trust law in India.
BIS Amicus, September 2025 · 2025-10-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-september-2025 · We are pleased to share LKS BIS Amicus for September 2025
Indirect Tax Amicus, September 2025 · 2025-10-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-september-2025 · By Apeksha Bansal, Shivam Mehta, Ankur Garg, Shubham Vijay · Indirect Tax Amicus for September 2025 covers developments in GST, Customs & FTP, and legacy laws.
International Trade Amicus, September 2025 · 2025-10-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2025 · By Ankur Sharma, Divyashree Suri  · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
Corporate Amicus, September 2025 · 2025-10-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2025 · By Nambirajan R. · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
IPR Amicus, September 2025 · 2025-10-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2025 · By Malathi Lakshmikumaran · The first article in this issue of IPR Amicus examines the recent developments around Biological Diversity, focusing on access to biological resources, intellectual property rights based on the Indian biological resources, and the evolving benefit-sharing mechanisms.
Direct Tax Amicus, September 2025 · 2025-09-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2025-1 · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
HyMA Update, August 2025 · 2025-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-august-2025 · We are pleased to share the August 2025 issue of the e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
International Trade Amicus, August 2025 · 2025-09-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2025 · By Pareesha Gupta · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
Corporate Amicus, August 2025 · 2025-09-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2025 · By Astha Sinha · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
Indirect Tax Amicus, August 2025 · 2025-09-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-august-2025 · Indirect Tax Amicus for August 2025 covers developments in GST, Customs & FTP, and legacy laws
TechnoLAWgy Bulletin, July-August 2025 · 2025-08-31 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/techno-la-wgy-bulletin/techno-la-wgy-bulletin-july-august-2025 · We are pleased to share the 4th issue of our e-bulletin - LKS TechnoLAWgy Bulletin, which provides key updates on technology and regulatory areas.
HyMA - June 2025 / Issue – 8 · 2025-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-june-2025-issue-8 · We are pleased to share the June 2025 issue of our e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
BIS Amicus: June 2025 · 2025-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-june-2025 · We are pleased to share June 2025 issue of LKS BIS Amicus, covering developments with respect to the Bureau of Indian Standards (BIS).
Corporate Amicus: June 2025 · 2025-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2025 · By Sameer Avasarala · The SEBI has recently released a consultation paper on the guidelines for responsible usage of AI/ML in Indian Securities Markets. The Paper outlines the background, current regulatory...
IPR Amicus: June 2025 · 2025-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2025 · The article discusses a recent Delhi High Court decision which not only brings into focus the legal standards applied to determine trademark infringement but also explores the boundaries of...
Direct Tax Amicus: June 2025 · 2025-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2025 · The article in this issue of Direct Tax Amicus examines the implications of fair value accounting advocated by the Accounting Standards issued by the ICAI.
Tax Amicus: June 2025 · 2025-08-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2025 · GSTN has recently announced that, beginning with the July 2025 tax period, outward liability in GSTR-3B—auto-populated from GSTR-1/IFF—will be non-editable.
BIS Amicus, August 2025 · 2025-08-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-august-2025 · We are pleased to share August 2025 issue of LKS BIS Amicus
IPR Amicus, August 2025 · 2025-08-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2025 · By Jaya Pandeya, Kundan Kumar, Archana Viswanathan, Prosenjit Chattopadhyay · The article discusses the draft version 2.0 of the Guidelines for Examination of Computer Related Inventions (‘CRIs’). The updated Guidelines now include more detailed examples clarifying patentable and non-patentable subject matter.
Direct Tax Amicus, August 2025 · 2025-08-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2025-1 · By Sudin Sabnis · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
Competition & Antitrust: August 2025 · 2025-08-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-august-2025 · The August 2025 edition is divided into two parts. The first part covers enforcement and merger control orders passed by the Competition Commission of India. The second part discusses two orders: one in which the NCLAT denied an interim stay on the CCI’s penalties against Qube Cinema Technologies and UFO Movie, and another in which the European Commission penalized Delivery Hero and Glovo in the online food delivery sector.
HyMA Update, July 2025 · 2025-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hy-ma-update-july-2025 · We are pleased to share the July 2025 issue of the e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
International Trade Amicus, July 2025 · 2025-08-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2025 · By Devinder Bagia · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), India’s Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
Indirect Tax Amicus, July 2025 · 2025-07-31 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus · The first article in this issue of Indirect Tax Amicus talks about India’s critical minerals strategy. It, in this regard, discusses some of the key components of the National Critical Minerals Mission, from customs perspective and notes that concessional rates of duty have not been provided for all the minerals enlisted as critical in the Mines and Minerals (Development and Regulation) Act, 1957 or the mineral list from the Ministry of Mines. According to the authors, there is a need to harmonize the list of critical minerals to maintain uniformity, and to modify the already existing exemptions to ensure that the intended purpose is achieved.
Corporate Amicus, July 2025 · 2025-07-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2025 · By Noorul Hassan, Nambirajan R. · Corporate Amicus covers developments relating to Companies Act, SEBI, RBI, Arbitration, Insolvency, etc.
Corporate Practice: Quarterly Update 2025 (April - June) · 2025-07-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/corporate-practice-quarterly-update-2025-april-june · The April-June 2025 issue of LKS Corporate Law Quarterly Update covers developments under Companies Law, Banking Law, Securities Law, and Environment Laws.
Direct Tax Amicus, July 2025 · 2025-07-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2025 · Direct Tax Amicus covers major changes in income tax laws. This newsletter contains an article on issue of topical interest or developing jurisprudence, notifications and circulars issued during the period and important decisions and judgments (under Ratio Decidendi) covering various facets of income tax law and procedures. It usually covers recent developments pertaining to classification of expenditure, application of transfer pricing (TP) provisions, issues around DTAAs, computation of income, exemptions, etc.
IPR Amicus, July 2025 · 2025-07-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2025 · By Malathi Lakshmikumaran · The article in this issue of IPR Amicus examines two recent judgments of the Calcutta High Court in appeals, challenging the rejection of patent applications on grounds of non-patentability under Section 3(b). Section 3(b) bars the patenting of ‘an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality, or which causes serious prejudice to human, animal or plant life or health or to the environment’.
BIS Amicus, July 2025 · 2025-07-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-july-2025-1 · BIS Amicus covers the developments related to Bureau of Indian Standards (‘BIS’).
HyMA - May 2025 / Issue – 7 · 2025-07-15 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-may-2025-issue-7 · We are pleased to share the seventh issue of our e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
HyMA - May 2025 / Issue – 6 · 2025-07-15 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-may-2025-issue-6 · We are pleased to share the sixth issue of our e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
HyMA - April 2025 / Issue – 5 · 2025-07-15 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-april-2025-issue-5 · We are pleased to share the fifth issue of our e-newsletter ‘HyMA - An update on Hyderabad Mergers & Acquisitions’, providing key updates on the M&A landscape in Hyderabad.
Corporate Amicus: May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2025 · By Noorul Hassan · The article in this issue of Corporate Amicus discusses how India’s oil and gas industry presents significant opportunities for foreign investors, particularly in the light of India’s rising energy demand.
IPR Amicus: May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2025 · By Malathi Lakshmikumaran · The article in this issue of IPR Amicus discusses a recent judgement of the Madras High Court which has held that a method of supplementing animal feed does not qualify as a method of..
International Trade Amicus: May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2025 · By Devinder Bagia · Application of Reference Price in Indian trade remedy investigations and imposition of Minimum Import...
Direct Tax Amicus: May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2025 · Applicability of Transfer Pricing provisions are generally not envisaged where an Indian company is operating its branch office outside India.
Tax Amicus: May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2025 · The article in this issue of Indirect Tax Amicus focuses on a recent decision regarding classification of small form-factor pluggable (‘SFPs’).
TechnoLAWgy - May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/techno-la-wgy-bulletin/technolawgy-may-2025 · We are pleased to share 2nd issue of our new e-bulletin, LKS TechnoLAWgy Bulletin which provides key updates on technology and regulatory areas.
BIS Amicus: May 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/bis-amicus-may-2025 · We are pleased to share LKS BIS Amicus for May 2025, covering developments with respect to the Bureau of Indian Standards (BIS).
Corporate Amicus: April 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2025 · By Nambirajan R. · Considering the intent of the announcement made in the Union Budget, the Ministry of Corporate Affairs has proposed to widen the scope of companies under Section 233 of the Companies Act read with Rule 25...
IPR Amicus: April 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2025 · The first article in this issue of IPR Amicus discusses a recent decision of the Delhi High Court in a patent infringement suit between Roche and Natco.
International Trade Amicus: April 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2025 · By Devinder Bagia · The article in this issue of International Trade Amicus notes that there is absence of express statutory provisions under the India’s AD/CVD laws on how ‘public interest’ should be assessed by the DGTR and the Ministry of Finance.
Direct Tax Amicus: April 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2025 · By Ravi Sawana, Samyak Lohade · The introduction of Section 194T in the Income-tax Act, 1961 represents a pivotal shift in the tax regime governing payments made by partnership firms and LLPs to their partners.
Tax Amicus: April 2025 · 2025-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2025 · The article in this issue of Indirect Tax Amicus discusses the amendments in Rule 89 and Rule 96 of the CGST Rules, 2017, in relation to export refunds and their impact on pending proceedings and investigations in the light of recent High Court orders.
International Trade Amicus, June 2025 · 2025-07-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2025-1 · International Trade Amicus covers developments in the field of international trade remedy laws. It includes trade remedies like anti-dumping duty, safeguard duty and countervailing duty investigations and impositions, by and against, India. News pertaining to major developments in the World Trade Organization (WTO), India’s Free Trade Agreements (FTAs) and investment-related disputes, are also covered, along with summaries of case law from different jurisdictions on topics pertaining to the subject.
TechnoLAWgy Bulletin, June 2025 · 2025-06-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/techno-la-wgy-bulletin/techno-la-wgy-bulletin-june-2025 · We are pleased to share the 3rd issue of our e-bulletin - LKS TechnoLAWgy Bulletin, which provides key updates on technology and regulatory areas.
Competition & Antitrust: June 2025 · 2025-06-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-june-2025 · The June 2025 edition covers enforcement and merger control orders passed by the Competition Commission of India; two decisions of the Supreme Court of India and one judgment of the Kerala High Court.
Corporate Amicus: March 2025 · 2025-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2025 · By Kumar Panda · The article in this issue of Corporate Amicus discusses elaborately the issue of ‘appropriate government’ under the labour laws concerning the Central Public Sector Undertakings. The author (Kumar Panda) in this regard discusses various Supreme Court decisions and the changes made in the Industrial Disputes Act in 2009.
IPR Amicus: March 2025 · 2025-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2025 · By Malathi Lakshmikumaran · The Delhi High Court recently upheld the Controller’s decision refusing a patent application for not being patentable subject matter as amounting to ‘discovery’ under Section 3(c) of the Indian Patents Act, 1970, and for failing to meet the requirements...
International Trade Amicus: March 2025 · 2025-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2025 · By Ankur Sharma, Paritosh Chauhan · The Delhi High Court has recently held that quantitative restrictions imposed under Section 9A of the Foreign Trade (Development and Regulation) Act, 1992 are not subject to the transitional arrangements outlined in Paragraph 1.05(b) of the Foreign Trade Policy.
Direct Tax Amicus: March 2025 · 2025-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2025 · To secure funds for certain ventures requiring a substantial upfront capital outlay, companies often resort to issuing shares or incurring debt. However, these funds may not always be immediately deployed due to procedural delays in asset acquisition, statutory or contractual...
Tax Amicus: March 2025 · 2025-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2025 · The applicable rate on restaurant services is ascertained based on the ‘declared tariff’ of the hotel. This GST rate is then applied to the transaction value to ascertain the GST liability.
Corporate Practice: Quarterly Update 2025 (January - March) · 2025-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/l-s-corporate-practice-quarterly-update-2025-january-march · The January-March 2025 issue of LKS Corporate Law Quarterly Update covers key changes relating to companies law, banking laws, securities laws and environment laws that have a bearing on Indian businesses, investors and other stakeholders.
BIS Amicus: March 2025 · 2025-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-march-2025 · This March 2025 issue of the newsletter covers various news items on recent developments around BIS, a detailed article titled “A comprehensive analysis of the e-commerce...
BIS Amicus: February 2025 · 2025-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-february-2025 · This issue covers various news items on recent developments around BIS, a detailed article titled “Scheme-X of BIS: Navigating through the complexities”, and updates relating to Quality Control Orders (QCOs).
BIS Amicus: April 2025 · 2025-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-april-2025 · This issue of the newsletter covers various news items on recent developments around BIS, a detailed article titled...
BIS Amicus: January 2025 · 2025-05-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-january-2025 · This January 2025 issue covers news nuggets, a detailed article titled “Decoding Conformity Assessment Scheme-II of BIS – The Registration Scheme”, and updates relating to QCOs.
Competition & Antitrust: April 2025 · 2025-05-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-april-2025 · This newsletter covers developments relating to competition/anti-trust law in India that happened in February and March 2025.
Competition & Antitrust: January 2025 · 2025-05-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-january-2025 · This January 2025 issue is broadly divided in two parts – Enforcement and Merger control. Part I relating to enforcement summarizes various important decisions of the Competition...
HyMA - April 2025 / Issue – 4 · 2025-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-april-2025-issue-4 · In March 2025, the Securities and Exchange Board of India has amended the SEBI (Issue of Capital and Disclosure Requirements) Regulations,...
HyMA - March 2025 / Issue – 3 · 2025-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-march-2025-issue-3 · Global Capability Centres (‘GCCs’) have become a cornerstone of operational transformation for multinational corporations (‘MNCs’), marking a departure from traditional Business Process...
HyMA - March 2025 / Issue – 2 · 2025-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-march-2025-issue-2 · The potential introduction of tariffs by United States of America (‘USA’) under the Trump administration has raised concerns about its impact on cross-border mergers and acquisitions
HyMA - February 2025 / Issue-1 · 2025-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/hy-ma-update/hyma-february-2025-issue-1 · The current mergers and acquisitions (‘M&A’) landscape for Micro, Small and Medium Enterprises (‘MSME’) in India is evolving, driven by increasing investor interest, government...
TechnoLAWgy - April 2025 · 2025-05-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/techno-la-wgy-bulletin/technolawgy-april-2025 · The article discusses the defined role, responsibilities and operational contour of a consent manager as provided in the recently issued draft Digital Personal Data Protection Rules, 2025.
Corporate Amicus: February 2025 · 2025-05-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2025 · The Single Judge of the Delhi High Court has rejected claims of trademark infringement and refused a plea seeking to restrain Mahindra Last Mile Mobility Ltd. from selling its electric vehicle under the trademark ‘eZEO’.
IPR Amicus: February 2025 · 2025-05-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2025 · The Single Judge of the Delhi High Court has rejected claims of trademark infringement and refused a plea seeking to restrain Mahindra Last Mile Mobility Ltd. from selling its electric vehicle under the trademark ‘eZEO’.
International Trade Amicus: February 2025 · 2025-05-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2025 · By Pareesha Gupta · The Indian Government is actively working to make India a global manufacturing hub for electronics by introducing various schemes which attract both domestic and foreign companies to invest in the sector.
Direct Tax Amicus: February 2025 · 2025-05-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2025 · The Supreme Court recently upheld the Bombay High Court decision that the complete reduction of capital (resulting in cancellation of shares) amounts to ‘transfer’ in terms of Section 2(47) of the Income Tax Act, 1961...
Tax Amicus: February 2025 · 2025-05-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2025 · Recent judgment of the Delhi High Court in Niraj Silk Mills & Others has (re)triggered the debate over the significance of ‘consent’ given at the time of assessment of bill of entry or shipping bill, be it regarding rate of duty, valuation or classification.
Corporate Amicus: January 2025 · 2025-05-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2025 · Typically, parties to a rent/lease agreement insert a lock-in period to ensure that either party is unable to terminate the agreement before the stipulated period. Such agreements also incorporate a provision for liquidated damages in the form of rent for the remainder of the lock-in period.
IPR Amicus: January 2025 · 2025-05-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2025 · Patents – Revocation petition is maintainable even if petitioner files statement taking defence of invalidity of suit patent, in an infringement suit filed by patentee – Delhi High Court
International Trade Amicus: January 2025 · 2025-05-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2025 · Transnational subsidies refer to financial support provided by the government of a third country to companies established in the territory of another country (the exporting country) which may cause economic harm to the industries in the importing country.
Direct Tax Amicus: January 2025 · 2025-05-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2025 · In cases where the debt instruments are acquired in secondary markets, the acquisition of the security may entail payment of principal, unpaid interest and premiums.
Tax Amicus: January 2025 · 2025-05-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2025 · Certain labelling laws target goods by category - food, drugs, etc., while there are others which target goods based on other aspects like form of packaging (LM Rules) or applicability of quality standards (BIS).
Corporate Amicus: August 2024 · 2024-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2024 · By Shipra Verma · Anti-dilution rights are the most common armour provided to investors against a down round funding raised by any company.
IPR Amicus: August 2024 · 2024-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2024 · By Vindhya S. Mani · Recently, Indian Courts have taken a proactive stance towards awarding increasing sums of damages for infringement in IPR matters. However, to balance competing goals of compensation, justice and uniformity, Courts have laid down several parameters which are to be considered while calculating damages.
Direct Tax Amicus: August 2024 · 2024-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2024 · By Ravi Sawana · Garnishee of Garnishee’ is triggered when the garnishee fails to make the payment to the creditor of its debtor and pursuant to which, the creditor seeks to recover money from the debtors of the garnishee.
International Trade Amicus: August 2024 · 2024-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2024 · Under Indian anti-dumping law and practice, the qualification of the applicant domestic producers to constitute the domestic industry is sometimes a contested issue.
Tax Amicus: August 2024 · 2024-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2024 · Distribution of credit by Input Service Distributor will be mandatory w.e.f. 1 April 2025
IPR Amicus: July 2024 · 2024-12-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2024 · The first article in this issue of IPR Amicus elaborately discusses a recent Delhi High Court Division Bench decision which revolved around interpretation of ‘enhanced efficacy’ under Section 3(d) of the Patents Act, 1970.
Corporate Amicus: July 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2024 · By Noorul Hassan · Out of ten parameters of Ease of Doing Business introduced by the World Bank, this fiscal the Union Budget has focused on a certain few namely, starting a business, getting credit, paying taxes, resolving insolvency,...
International Trade Amicus: July 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2024 · The WTO is seeing a trend where certain Members are forming plurilateral clubs and negotiating agreements outside the multilateral framework. Few such recent Agreements are Agreement on Electronic Commerce (notified on 26 July 2024),...
Direct Tax Amicus: July 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2024 · The article in this issue of Direct Tax Amicus discusses Section 43B(h) of the Income Tax Act, 1961 which was introduced by Finance Act, 2023. Observing that despite the well-placed intent behind introducing the aforesaid provision,...
Tax Amicus: July 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2024 · The article in this issue of Indirect Tax Amicus attempts to explore the ramifications of a specific legislative change introduced in the Union Budget 2024-25 vide Clause 101 of Finance (No.2) Bill, 2024 which seeks to amend Section 65 of the Customs Act...
Corporate Amicus: June 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2024 · By Noorul Hassan · Recently, the Registrar of Companies, NCT of Delhi & Haryana imposed penalties against a global corporate and its Directors along with its Global CEO, including CEO of the holding company, for violating the provisions related to non-disclosure of Significant Beneficial...
IPR Amicus: June 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2024 · By Malathi Lakshmikumaran · The first article in this issue of IPR Amicus sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines for processing patent...
International Trade Amicus: June 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2024 · The article in this issue of International Trade Amicus examines how the Cohen’s D test is utilized by the United States Department of Commerce (USDOC) for analyzing the existence of targeted dumping...
Direct Tax Amicus: June 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2024 · The Courts in the past have on numerous occasions held that the filing of statutory forms within the due date prescribed under the Income Tax Act, 1961, is a directory (and not mandatory) requirement, to claim deductions/exemptions that are available to taxpayers.
Tax Amicus: June 2024 · 2024-12-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2024 · Taxability of Extra Neutral Alcohol/rectified spirit, a denatured alcohol that is predominantly used as a raw material for manufacturing of liquor for human consumption has been a bone of dispute between the Centre and the States, while the former claiming its liability to GST, the States claiming that they are exclusively empowered to levy VAT and excise duty.
Tax Amicus: December 2024 · 2024-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2024 · The article in this issue of Indirect Tax Amicus discusses a recent recommendation of the GST Council in respect of transactions by Free Trading and Warehousing Zones (‘FTWZs’) within their premises, i.e. without exporting or clearing the goods in the Domestic Tariff Area.
Direct Tax Amicus: December 2024 · 2024-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2024 · Certain amendments to Employees’ Pension Scheme, 1995 in 2014 brought in multi-layered restrictions on the contributions that can be made to the Pension Fund, the benefits that would arise from any Pension Fund, additional conditions to be fulfilled to claim benefits out of past
IPR Amicus: December 2024 · 2024-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2024 · The Delhi High Court, in two of its recent decisions, demonstrated disparate approaches of assessing patentability of computer related inventions (CRIs) under Section 3(k) of the Patents...
Corporate Amicus: December 2024 · 2024-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2024 · By Sameer Avasarala · The evolution of partnerships between banks and financial technology (‘FinTech’) companies is facilitating the widespread adoption of advanced technologies, including artificial intelligence (‘AI’), machine learning (‘ML’) and Generative AI (‘GenAI’) in the financial sector.
International Trade Amicus: December 2024 · 2024-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2024 · By Ankur Sharma · The article in this issue of International Trade Amicus discusses at length the recent decision of the Ministry of Commerce to impose quantitative restrictions on imports of Low Ash Metallurgical Coke which is a crucial raw...
BIS Amicus: December 2024 · 2024-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-december-2024 · This December 2024 issue covers news nuggets, a detailed article titled “Ensuring compliance with the Product Certification Scheme of BIS”, and updates relating to QCOs.
Tax Amicus: November 2024 · 2024-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2024 · The article in this issue of Indirect Tax Amicus discusses Rule 86A of the Central Goods and Services Tax Rules, 2017 which empowers the Revenue department to block ITC ledger in cases involving fake ITC...
Direct Tax Amicus: November 2024 · 2024-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2024 · Ordinarily in the case of a sale, the price mutually agreed upon by the parties which is received by or accrues to a seller should be taken as the ‘full value of the consideration’ for calculating capital gains.
BIS Amicus: November 2024 · 2024-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-november-2024 · This issue covers news nuggets, an article discussing various Conformity Assessment Schemes of BIS, and updates relating to QCOs.
International Trade Amicus: November 2024 · 2024-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2024 · Recently the UK Government released its much-anticipated response to the policy consultation on introducing the UK Carbon Border Adjustment Mechanism (‘UK CBAM’) which is similar to the objective of the EU under its CBAM.
Corporate Amicus: November 2024 · 2024-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2024 · The article in this issue of Corporate Amicus discusses a recent Karnataka High Court decision on the question of whether there exists an employer-employee relationship between...
IPR Amicus: November 2024 · 2024-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2024 · Despite the advantages bestowed by early patent grants, a single common program to expedite prosecution in all the jurisdictions is not available to the patent applicants who would like to strategize on expediting examination in multiple jurisdictions.
Direct Tax Amicus: October 2024 · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2024 · The article in this issue of Direct Tax Amicus discusses the issue of whether an intimation under Section 143(1) of the Income Tax Act, 1961 will automatically merge with an assessment order under Section 143(3).
IPR Amicus: October 2024 · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2024 · The first article in this issue of IPR Amicus discusses a recent judgement in Lacoste & Anr. v. Crocodile International Pte. Ltd., wherein the Delhi High Court has ruled upon a two-decade long conflict between so-called ‘mirror’ logos of a crocodile/ saurian.
Corporate Amicus: October 2024 · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2024 · The article discusses a recent decision of the Bombay High Court striking down the amendment to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
Tax Amicus: October 2024 · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2024 · Central Goods and Services Tax Rules, 2017 amended to enforce recommendations of 54th GST Council Meeting...
BIS Amicus: October 2024 · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-october-2024 · This issue covers news nuggets, an article discussing standards and Quality Control Orders (QCOs) which are now considered as the backbone of India’s quality revolution, and updates...
Corporate Practice: Quarterly Update 2024 (October - December) · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2024-october-december · The October-December 2024 issue of LKS Corporate Law Quarterly Update covers key changes relating to banking laws, securities laws and environment laws that have a bearing on Indian businesses, investors and other stakeholders.
International Trade Amicus: October 2024 · 2024-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2024 · The article in this issue of International Trade Amicus discusses the law and practice surrounding the provisional anti-dumping measures in India. It elaborately analyses the legal provisions, timelines for imposition of provisional...
International Trade Amicus: September 2024 · 2024-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2024 · By Pareesha Gupta · The article in this issue of International Trade Amicus briefly discusses the first anti-absorption investigation conducted by India on Polyethylene Terephthalate (‘PET’) imported from China PR.
Corporate Amicus: September 2024 · 2024-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2024 · The article in this issue of Corporate Amicus provides a detailed discussion of a recent Bombay High Court decision in Asset Auto v. UoI, which reviews the discretionary power provided to the Regional Director of the central government in respect...
BIS Amicus: September 2024 · 2024-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-september-2024 · This issue covers news nuggets, an article discussing the crucial provisions of the BIS Act, and updates relating to Quality Control Orders (QCOs).
Tax Amicus: September 2024 · 2024-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2024 · • 54th Meeting of GST Council – Highlights of important recommendations
IPR Amicus: September 2024 · 2024-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2024 · Geographical Indications of Goods (Holding Inquiry and Appeal) Rules, 2024 notified
Direct Tax Amicus: September 2024 · 2024-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2024 · By Harshit Khurana · The Delhi High Court has recently held that the capital gains arising from the sale of shares of a Singaporean company (holding shares in Indian company) by a Mauritius-based investor were not taxable in India due to the grandfathering...
BIS Amicus: August 2024 · 2024-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-august-2024 · The August issue of LKS BIS Amicus covering developments with respect to the Bureau of Indian Standards (BIS) includes News Nuggets, an article discussing the Legislative Framework of BIS, and updates relating to Quality Control Orders (QCOs).
Corporate Amicus: May 2024 · 2024-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2024 · By Asish Philip Abraham, Astha Sinha · The article in this issue of Corporate Amicus discusses the issues relating to the liability to pay Provident Fund (PF) on salaries paid to expats, based on recent judicial developments. The article examines the Supreme Court decision in Northern Operating Systems Pvt. Ltd.
IPR Amicus: May 2024 · 2024-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2024 · The article in this issue of IPR Amicus elaborately discusses a recent Madras High Court decision setting aside an order passed by the Assistant Controller of Patents and Designs which had refused the grant of a patent under Section 3(c) of the Patents Act, 1970.
International Trade Amicus: May 2024 · 2024-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2024 · By Paritosh Chauhan · The article in this issue of International Trade Amicus discusses the European Union’s Carbon Border Adjustment Mechanism (CBAM), which, as per EU’s claims, has been designed to put a fair price on the carbon emitted while manufacturing the goods being imported into the EU.
Direct Tax Amicus: May 2024 · 2024-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2024 · Section 281 of the Income Tax Act, 1961 empowers the Department to declare a transfer of an asset as void where the transferor, during the pendency of any proceedings under the IT Act or completion thereof...
Tax Amicus: May 2024 · 2024-07-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2024 · The ongoing debate surrounding the imposition of GST on Development Rights through Joint Development Agreement (‘JDA’) continues, seeking resolution.
BIS Amicus: July 2024 · 2024-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/bis-amicus/lks-bis-amicus-july-2024 · The July 2024 issue of this monthly newsletter covers News Nuggets, an article on the BIS Know-how, and updates relating to Quality Control Orders (QCOs). Further, a comprehensive QCO database covering upcoming QCOs due for implementation, new QCOs notified in the gazette, QCOs notified by India in WTO, and different extensions/amendments made to the existing QCOs, is also part of this new initiative by the LKS Supply Chain Team.
Corporate Practice: Quarterly Update 2024 (July - September) · 2024-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2024-july-september · The July-September 2024 issue of LKS Corporate Law Quarterly Update covers key changes relating to Company laws, Banking laws and Securities laws that have a bearing on Indian businesses, investors and other stakeholders.
Tax Amicus: March 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2024 · Last few years have seen a huge surge in sports marketing, where companies sponsor leagues, display billboards during sports matches or display their logo on the players’ jersey. The article in this issue of Tax Amicus highlights that one needs to examine...
Direct Tax Amicus: March 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2024 · By Harshit Khurana · This article in this issue of Direct Tax Amicus seeks to analyze the applicability of the non-discrimination article in tax treaties on disallowance of expenses on payment made to non-residents without withholding...
International Trade Amicus: March 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2024 · By Archana Viswanathan · This article in this issue of International Trade Amicus intends to discuss different methodologies for comparing the export prices with the domestic selling prices in the chosen investigation...
International Trade Amicus: February 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2024 · The article in this 150th issue of LKS International Trade Amicus intends to provide an overview of some of the key issues for negotiation at WTO’s 13th Ministerial Conference and the importance of these issues for WTO Members.
Corporate Amicus: March 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2024 · The Ministry of Electronics and Information Technology has on 15 March 2024 issued an advisory on use and deployment of artificial intelligence tools. The advisory subsumes a previous advisory dated 1 March 2024 on this subject.
IPR Amicus: March 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2024 · One of the permissible ways of amendments to claims and/or specification is to incorporate suitable disclaimers during the patent prosecution and at the post grant stage.
IPR Amicus: February 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2024 · There are two discernible facets when a celebrity wants to protect their personality rights: first, the right to protect one’s image from being commercially exploited without permission by treating it as a tort of passing off; mainly termed as publicity rights...
Corporate Amicus: February 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2024 · By Sameer Avasarala · The article in this issue of Corporate Amicus dives deep into the understanding of certain key actors engaged in the processing of personal data – Data Fiduciaries and Data Processors.
Direct Tax Amicus: February 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2024 · The article in this issue of Direct Tax Amicus discusses a recent ruling of the Delhi Appellate Tribunal in the case of Prism Scan Express Private Limited.
Tax Amicus: February 2024 · 2024-05-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2024 · By Asish Philip Abraham · The article in this issue of Tax Amicus discusses the observation of the Supreme Court in Northern Operating Systems case, recent investigations on the issue, CBIC Instruction, interim orders passed by different High Courts on factual matrix of the cases, legal position under the GST law and the way forward.
IPR Amicus: January 2024 · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2024 · By Vindhya S. Mani · The first article in this issue of IPR Amicus covers a recent decision of the Madhya Pradesh High Court which has held that a suit for infringement of Geographical Indication tags is maintainable...
International Trade Amicus: April 2024 · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2024 · Covers transnational subsidies and their evolving treatment beyond a subsidizing government's own territory, plus trade remedy and WTO news.
IPR Amicus: April 2024 · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2024 · By Vindhya S. Mani · Covers a Delhi High Court ruling that procedural infirmities not affecting applicant eligibility are not fatal to plant variety registration.
Indirect Tax Amicus: April 2024 · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-april-2024 · Covers developments in GST, Customs, and Central Excise and Service Tax, including notifications, circulars and case law such as ITC and GST registration rulings.
Corporate Practice: Quarterly Update 2024 (April - June) · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2024-april-june · The April-June 2024 issue of LKS Corporate Law Quarterly Update covers key changes relating to Company laws, Banking laws and Securities laws that have a bearing on Indian businesses, investors and other stakeholders.
Corporate Amicus: April 2024 · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2024 · Covers the Digital Personal Data Protection Act's concerns and impact on gaming platforms, developers and users in the online gaming industry.
Direct Tax Amicus: April 2024 · 2024-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2024 · Covers the differing income tax treatment of Life Insurance Policies and Annuities and whether annuity is merely a return of capital.
Corporate Amicus: January 2024 · 2024-03-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2024 · By Noorul Hassan · Section 454 of the Companies Act, 2013 authorises the Registrar of Companies to impose penalties against any non-compliance or default committed by the company, officer who is in default or any other person as the case may be.
International Trade Amicus: January 2024 · 2024-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2024 · This article intends to provide a year-end round up of the trade remedy investigations related initiations, final findings, and measures imposed by the Government of India. Providing...
Direct Tax Amicus: January 2024 · 2024-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2024 · The article in this issue of Direct Tax Amicus discusses the issue of attribution of profits in case of losses at the global level, which has once again gathered spotlight as the Delhi High...
Tax Amicus: January 2024 · 2024-03-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2024 · The article in this 151st edition of LKS Tax Amicus covers the issue of taxability of grants. It notes that given the voluntary and unilateral nature of a grant, there exists ambiguity whether the provision of a grant qualifies to be a taxable supply under the scheme of GST law, as to qualify as a supply it is essential that a good or service is provided for a consideration.
Corporate Practice: Quarterly Update 2024 (January - March) · 2024-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/l-s-corporate-practice-quarterly-update-2024-january-march · The January-March 2024 issue of LKS Corporate Law Quarterly Update covers significant amendments under company law, banking laws, securities laws and environmental laws.
Corporate Amicus: September 2023 · 2023-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2023 · By Kumar Panda · The article in this issue of Corporate Amicus discusses laws relating to termination of employees and workmen in India. It summarises various requirements under the Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders)...
IPR Amicus: September 2023 · 2023-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2023 · Draft Patents (Amendment) Rules, 2023 notified
International Trade Amicus: September 2023 · 2023-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2023 · The article in this issue of International Trade Amicus discusses the recently notified European Union Deforestation Regulation (‘EUDR’), which is a set of comprehensive regulations targeting the imports and domestic production of products associated with deforestation.
Direct Tax Amicus: September 2023 · 2023-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2023 · The article in this issue of Direct Tax Amicus seeks to examine the question as to whether treaty benefits should at all be provided if the non-resident seller of shares does not have much commercial substance.
Tax Amicus: September 2023 · 2023-12-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2023 · The article in this issue of Tax Amicus discusses the problem of absence of mechanism for matching Input Tax Credit (‘ITC’). It analyses a recent Rajasthan High Court decision in the case of Hindustan Lever Ltd., where the practicality of this matching exercise has come into question.
IPR Amicus: December 2023 · 2023-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2023 · The article in this issue of IPR Amicus discusses a recent Madras High Court decision against a refusal order for registration of the mark ‘Inimox’ considering an opposition by the owner of mark ‘Imox’...
Corporate Amicus: December 2023 · 2023-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2023 · Dark Patterns are deceptive web or UI designs or patterns used in web-based or mobile-based platforms, intended to manipulate or trick the decision of a consumer by deceiving them to do something that is determinantal to his interest.
Direct Tax Amicus: December 2023 · 2023-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2023 · By S. Sriram · The article in this issue of Direct Tax Amicus examines as to whether in case of fresh issuance or allotment of shares, be it Equity Shares or Preference Shares, Section 56(2)(x) of the Income Tax...
Tax Amicus: December 2023 · 2023-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2023 · The concept of ‘restriction’ imposed on export of goods as indicated in the Indian Trade Classification (‘ITC (HS)’) has been the subject matter of judicial interpretation before various forums.
IPR Amicus: November 2023 · 2023-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2023 · By Archana Viswanathan · The article in this issue of IPR Amicus explores the scope of patentability and infringement concerning product-by-process claims with a specific emphasis on the recent two decisions of the Delhi High Court.
Direct Tax Amicus: November 2023 · 2023-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2023 · The Supreme Court recently passed a judgment, in favour of the Revenue department, interpreting the Most Favoured Nation (‘MFN’) clause present in various Double Taxation Avoidance Agreements (‘DTAAs’).
International Trade Amicus: November 2023 · 2023-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2023 · By Gopakrushna Das · The article in this issue of International Trade Amicus focuses on the implication of the recent judgement of the Court of Justice of the European Union (‘CJEU’) relating to the Non-Preferential Rules of Origin which are used to determine the origin of goods from a country not part of any trade agreements with the EU.
Corporate Amicus: November 2023 · 2023-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2023 · By Astha Sinha · The RBI has recently issued a new regulatory framework for Payment Aggregators of Cross Border Transactions, which brings all entities facilitating cross-border payment transactions for import and export of goods and services under direct regulation of the RBI.
Tax Amicus: November 2023 · 2023-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2023 · Classification of goods under the correct tariff item is the first, and arguably, most important step for a taxpayer. This is also the most litigative issue in any tax jurisdiction. The article hence analyses the implications of a recent Madras High Court decision in the case of Parle Agro Pvt. Ltd.
Corporate Amicus: August 2023 · 2023-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2023 · By Prashant Phillips, Sameer Avasarala · The article in this issue of Corporate Amicus discusses elaborately the implications of the new Digital Personal Data Protection Act, 2023 for the financial entities and the fin-tech sector. It, in this regard, discusses topics like, meeting consent and notice requirements; interplay with sectoral regulations; legitimate purposes for processing;
IPR Amicus: August 2023 · 2023-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2023 · In recent years Geographical Indications (‘GIs’) has emerged as one of the most important instruments for protecting the ‘quality, reputation or other character of goods essentially attributable to their geographical origin’.
International Trade Amicus: August 2023 · 2023-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2023 · The article in this issue of International Trade Amicus discusses elaborately the European Union’s Non-Preferential Rules of Origin, specifically focusing on Rules in the context of their assistance in effective implementation of trade remedial measures imposed by the EU.
Direct Tax Amicus: August 2023 · 2023-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2023 · The Bombay High Court has recently held that the timelines for passing an assessment order specified in Section 153 of the Income Tax Act, 1961 are not to be extended in cases where the assessee takes the Dispute Resolution Panel route and the final assessment order under Section 144C(13) has to be passed
Tax Amicus: August 2023 · 2023-10-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2023 · The article in this issue of Tax Amicus revolves around the recommendation of the 50th Meeting of the GST Council and the clarification brought in by the CBIC Circular No. 199/2023-GST, dated 17 July 2023 with respect to distribution of credit through Input Service Distributor (‘ISD’).
Indirect Tax Amicus: October 2023 · 2023-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-october-2023 · Covers the Supreme Court ruling on the competency to amend VAT laws after the GST regime began, plus GST and Customs developments.
International Trade Amicus: October 2023 · 2023-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2023 · The article in this issue of International Trade Amicus analyses a recent DGTR Final Finding in an anti-dumping investigation concerning imports of ‘Metronidazole’ originating in or exported from China PR and focusses on the question of eligibility of a company as a domestic industry to file the anti-dumping application for the product under the extant anti-dumping law.
Direct Tax Amicus: October 2023 · 2023-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2023 · The article in this issue of Direct Tax Amicus discusses the adverse impact, under the Income Tax Act, 1961, of conversion of outstanding loan to equity.
IPR Amicus: October 2023 · 2023-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2023 · By Malathi Lakshmikumaran · Dr. Katalin Kariko and Dr. Drew Weissman have been named the winners of the 2023 Nobel Prize in Physiology and Medicine for their innovations concerning nucleoside base modifications that enabled the development of effective mRNA vaccines against COVID-19.
Corporate Amicus: October 2023 · 2023-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2023 · By Sameer Avasarala, Kumar Panda · The article analyses the impact of Digital Personal Data Protection Act, 2023 on processing of employee data by businesses for a variety of purposes, including performance assessment, extending various benefits, payroll, legal compliance and occasionally to safeguard employer’s interests.
Corporate Practice: Quarterly Update 2023 (October - December) · 2023-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2023-october-december · The October-December 2023 issue of LKS Corporate Quarterly Update covers significant amendments under company law, banking laws, securities laws and environmental laws. This publication provides an overview of the key amendments that have a bearing on Indian businesses, investors and other stakeholders.
Corporate Amicus: July 2023 · 2023-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2023 · Withdrawal of corporate insolvency proceeding even prior to formation of committee of creditors
IPR Amicus: July 2023 · 2023-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2023 · The article in this issue of IPR Amicus discusses a recent decision of the Hon’ble Calcutta High Court which has set aside an order passed by the Controller of Patents and Designs refusing the grant of patent for treatment of a plant disease, ...
International Trade Amicus: July 2023 · 2023-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2023 · By Gopakrushna Das · The article in this issue of International Trade Amicus analyses the trade remedy circumvention provision when an unassembled, incomplete or unfinished article is imported and assembled, completed or finished in India or in some other country.
Direct Tax Amicus: July 2023 · 2023-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2023 · By Neha Sharma · The Finance Act, 2021 substituted the provisions of reassessment under the Income-tax Act, 1961. Under the new reassessment provisions, the concept of ‘reason to believe’ has been substituted with ‘information’ which suggests that the income has escaped assessment.
Tax Amicus: July 2023 · 2023-09-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2023 · The article in this issue of Tax Amicus seeks to analyse the GST implications on leasing of capital goods between ‘distinct persons’, in the light of a recent ruling of the Maharashtra Appellate Authority of Advance Ruling.
Corporate Amicus: June 2023 · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2023 · By Kundan Kumar · Revival of the Corporate Insolvency Resolution Process (‘CIRP’) proceedings refers to the restoration of the already withdrawn CIRP by a creditor which generally happens upon the breach of the settlement agreement pursuant to which the application for CIRP also gets withdrawn.
IPR Amicus: June 2023 · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2023 · The article in this issue of IPR Amicus discusses the application of the Swissness Act, 2017 which regulates the use of Swiss symbols or labels which associate the products and services with Switzerland.
International Trade Amicus: June 2023 · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2023 · The WTO panel recently ruled against India’s import duty measures in relation to certain Information and Communication Technology (‘ICT’) goods, holding the measures as inconsistent with Articles II:1(a) and (b) of the GATT 1994.
Direct Tax Amicus: June 2023 · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2023 · The article in this issue of Direct Tax Amicus discusses a recent decision of the Supreme Court in the case of Saraf Exports v. CIT, wherein the Apex Court has held that export incentives like Duty Drawback and DEPB will not qualify as first-degree nexus for the purposes of claim of deduction under Section 80-IB of the Income Tax Act, 1961.
Tax Amicus: June 2023 · 2023-08-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2023 · The article in this issue of Tax Amicus discusses a recent decision of the Larger Bench of the CESTAT which settles, in favour of assessee, the issue as to whether Business Auxiliary Services (BAS) provided by Indian agents to foreign entities qualify as export of services under the service tax regime.
Corporate Amicus: May 2023 · 2023-07-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2023 · The Constitutional Bench of the Supreme Court recently in the case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. held that arbitration cannot be invoked when the arbitration agreement or clause is contained in an unstamped or insufficiently stamped agreement or...
IPR Amicus: May 2023 · 2023-07-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2023 · The article in this issue of IPR Amicus examines a recent decision of the Delhi High Court, where the High Court has redefined the boundaries of permissible claim amendments for overcoming the objections on non-patentability especially Section 3(i) of the Patents Act, 1970, without jeopardizing the requirements of Section 59.
International Trade Amicus: May 2023 · 2023-07-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2023 · By Devinder Bagia · The article in this issue of International Trade Amicus intends to bridge the awareness gap with respect to trade remedial investigations, and sensitize producers/exporters on certain aspects which will help prepare them for any potential trade remedial investigation.
Direct Tax Amicus: May 2023 · 2023-07-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2023 · By Prachi Bhardwaj · The article in this issue of Direct Tax Amicus discusses elaborately the recent amendment in Section 11 of the Income Tax Act, 1961 vide Finance Act, 2023, with effect from 1 April 2024. Noting that a charitable entity was allowed to accumulate a maximum of 15% of its income...
Tax Amicus: May 2023 · 2023-07-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2023 · By Nambirajan R. · The Division Bench of Hon’ble Madras High Court recently in the case of Eastman Exports Global Clothing, settled an interesting question of law pertaining to the reversal of Input Tax Credit (‘ITC’) on the loss of inputs which is inherent to the process of manufacturing.
Corporate Practice: Quarterly Update 2023 (July - September) · 2023-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2023-july-september · We are pleased to present the latest edition of our quarterly newsletter, where we have covered significant amendments under company law, banking laws, securities laws and environmental laws.
Corporate Amicus: April 2023 · 2023-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2023 · While the inclusion of interest amounts in ‘financial debt’, for the purposes of the Insolvency and Bankruptcy Code, 2016, is clearly provided for, the interest component in the case of ‘operational debt’ has always been a point of contention.
IPR Amicus: April 2023 · 2023-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2023 · By Vindhya S. Mani · The article in this issue of IPR Amicus analyses two decisions of the Delhi High Court which have adjudicated patentability of the species patent with respect to the genus patent as part of infringement proceedings.
Direct Tax Amicus: April 2023 · 2023-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2023 · The article in this issue of Direct Tax Amicus discusses the labyrinth of exemption available to charitable institutes under the Income Tax Act, 1961. Considering the changing landscape of the exemption regime, right from Finance...
International Trade Amicus: April 2023 · 2023-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2023 · By Kundan Kumar · The article in this issue of International Trade Amicus analyses a recent CESTAT decision relating to the threshold for considering a product within the scope of the product under consideration (‘PUC’) in anti-dumping investigations.
Tax Amicus: April 2023 · 2023-05-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2023 · The article in this issue of Tax Amicus highlights the intricacies of TDS withholding, under the income tax provisions, which appear to impact the taxable value under GST in case of import of services.
Corporate Amicus: March 2023 · 2023-05-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2023 · By Noorul Hassan · The first article in this issue of Corporate Amicus discusses a recent decision of the Registrar of Companies, NCT of Delhi and Haryana relating to Section 42 of the Companies Act, 2013 (private placement of shares).
International Trade Amicus: March 2023 · 2023-05-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2023 · By Archana Viswanathan · The article in this issue of International Trade Amicus discusses as to whether a government action in the form of an export restraint on the export of a product results in a subsidy to the domestic producers of downstream products.
IPR Amicus: March 2023 · 2023-05-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2023 · By Prosenjit Chattopadhyay · The article in this issue of IPR Amicus discusses a recent landmark Judgement passed by the Delhi High Court in the matter of Allergan Inc v. The Controller of Patents.
Direct Tax Amicus: March 2023 · 2023-05-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2023 · By Harshit Khurana · Amongst various tax amendment proposals announced this year, proposal for taxing ‘cash’ benefits and perquisites is likely to have a wide-reaching impact on the taxpayers, especially in Amongst various tax amendment proposals announced this year, proposal for taxing ‘cash’ benefits and perquisites is likely to have a wide-reaching impact on the taxpayers, especially in...
Tax Amicus: March 2023 · 2023-05-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2023 · The article in this issue of Tax Amicus discusses elaborately the problems of classification and rate of GST in case of dry leasing of an aircraft. In respect of classification, the authors note that ...
Corporate Amicus: February 2023 · 2023-04-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2023 · By Kumar Panda · In the backdrop of India’s commitments made in the UN Climate Change Conference in 2021, the Central Government has recently enacted the Energy Conservation (Amendment) Act, 2022 (‘Amendment Act’) to amend the two decades old Energy Conservation Act, 2001.
IPR Amicus: February 2023 · 2023-04-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2023 · By Archana Viswanathan · The first article in this issue of IPR Amicus examines a recent Delhi High Court decision against an order passed by the Controller of Patents and Designs refusing the grant of the Appellant’s patent application for lacking inventive step.
International Trade Amicus: February 2023 · 2023-04-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2023 · By Devinder Bagia · The retrospective amendments proposed by the Finance Bill, 2023 to Section 9C and other related provisions of the Customs Tariff Act, 1975 have tried to resolve the dispute regarding powers of the CESTAT to entertain appeals against the Ministry of Finance’s refusal to impose the trade ...
Direct Tax Amicus: February 2023 · 2023-04-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2023 · Income derived from Trust property has been exempt under Income-tax laws since the Act of 1886. Tracing the legislative history in respect of income from property held under trust, the author examines amendments made by Finance Act, 1970;
Tax Amicus: February 2023 · 2023-04-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2023 · The issue of classification of the product ‘Rab’ (semi-solid sugarcane juice) and applicable rate of tax on its supply has been a subject matter of dispute for a long time. The article in this issue of Tax Amicus intends to highlight the divergent practices followed by the industry..
Corporate Practice: Quarterly Update 2023 (April - June) · 2023-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2023-april-june · The April-June 2023 issue of LKS Corporate Law Quarterly Update covers significant amendments under company law, foreign exchange laws, securities laws and environmental laws. This publication provides an overview of the key amendments that have a bearing on Indian businesses, investors and other stakeholders.
Corporate Amicus: January 2023 · 2023-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2023 · The article in this issue of Corporate Amicus analyses the recently introduced E-waste (Management) Rules, 2022. The new Rules will come into force on 1 April 2023 and will introduce recycling targets in the extended producer responsibility (‘EPR’) plan of the producers of e-waste.
IPR Amicus: January 2023 · 2023-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2023 · In continuation of the article published last month in IPR Amicus, the article in this issue of newsletter further discusses the evolving law around Divisional Applications in India.
International Trade Amicus: January 2023 · 2023-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2023 · By Gopakrushna Das · The article in this issue of International Trade Amicus elaborately analyses the recent imposition of definitive anti-dumping duty by the European Union on imports of fatty acid originating from Indonesia.
Direct Tax Amicus: January 2023 · 2023-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2023 · By Venkat Ramanan · It gives me great pleasure to address you through this 100th issue of Direct Tax Amicus. I have always believed that the wealth of knowledge should be shared.
Tax Amicus: January 2023 · 2023-03-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2023 · Post introduction of GST, the State Governments of Kerala, Gujarat and Telangana have amended their VAT laws with the objective of enhancing the limitation period in different forms.
Corporate Practice: Quarterly Update 2023 (January - March) · 2023-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2023-january-march · The Update covers significant amendments under company law, foreign exchange laws, securities laws and environmental laws during the period January-March 2023. It provides an overview of the key amendments that have a bearing on Indian businesses, investors and other stakeholders.
Direct Tax Amicus: December 2022 · 2022-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2022 · By Prachi Bhardwaj · The charitable trusts/institutions enjoy substantial income-tax benefits and hence are often subject to detailed scrutiny to ensure that commercial concerns are kept outside the boundaries of the tax-exempt status.
Corporate Amicus: December 2022 · 2022-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2022 · The article in this issue of Corporate Amicus discusses workplace investigations in India. It notes that due to subjective nature of the investigations under consideration, there is no set mechanism or strict procedure which needs to be adhered to, for conducting such investigations.
International Trade Amicus: December 2022 · 2022-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2022 · The WTO Panel has recently held that USA’s additional duties of 25% ad valorem on imports of steel products and 10% ad valorem on imports of aluminium products are inconsistent with various provisions of the General Agreement on Tariffs and Trade (‘GATT’), ...
IPR Amicus: December 2022 · 2022-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2022 · By Prosenjit Chattopadhyay · The article in this issue of IPR Amicus discusses elaborately the evolving jurisprudence of Divisional Applications in India. The article notes that in India, a divisional application under Section 16 of the Patents Act, 1970 may be pursued...
Tax Amicus: December 2022 · 2022-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2022 · The article in this issue of Tax Amicus discusses the GST liability on arbitral awards. It notes that though the CBIC Circular No. 178/10/2022-GST, dated 3 August 2022 has paved the way in understanding the GST implications on arbitral awards, determination
Corporate Amicus: September 2022 · 2022-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2022 · Focusing on the exporters’ obligations upon non-realization of export payments from erring foreign importers, the article in this issue of Corporate Amicus discusses at length the legal and other remedies available with the exporters where the export transactions are not secured in any manner.
IPR Amicus: September 2022 · 2022-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2022 · A literal assessment of claims against the alleged infringement may at times allow an infringer to find an easy workaround. To avoid such a travesty from befalling the patentee, the Courts have devised tools where even if the literal language of the patent claim is not infringed, the rights of the inventor may be safeguarded.
International Trade Amicus: September 2022 · 2022-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2022 · Recently the Gujarat High Court in the case Real Strips v. Union of India had an occasion to decide the nature of powers exercised by the Ministry of Finance in deciding the imposition of countervailing duty.
Direct Tax Amicus: September 2022 · 2022-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2022 · By Neha Sharma · One of the issues of wide interest and contemplation is whether a foreign company is liable to file a return in India when there is income accruing or arising in India but the same is not liable to tax, either because of an exemption under the Income...
Tax Amicus: September 2022 · 2022-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2022 · By Atul Gupta · Procurement by Government or Public Sector Undertakings through tenders has been subject to frequent litigations. The article in this issue of Tax Amicus in this regard discusses the recent decision of Supreme Court in Bharat Forge Limited which will have widespread implications on the whole procurement process.
Corporate Amicus: August 2022 · 2022-11-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2022 · The article in this issue of Corporate Amicus examines the rationale and thrust of a recent Supreme Court decision in the case of Mahagun Realtors (P) Ltd., wherein the Apex Court has clarified that an amalgamation would not per se invalidate an assessment order issued in the name of the transferor company.
IPR Amicus: August 2022 · 2022-11-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2022 · Territorial protection of trademarks often results in ‘squatting of trademarks’ in countries where the trademark does not have any presence or is not commonly known to the general public.
International Trade Amicus: August 2022 · 2022-11-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2022 · By Archana Viswanathan · The article in this issue of International Trade Amicus discusses elaborately the concept of reference-price based anti-dumping duty (‘ADD’). The author first explains the basic working of a reference-price based duty in the Indian context by way of an example.
Direct Tax Amicus: August 2022 · 2022-11-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2022 · The Income Tax Act, 1961 provides for various benefits for trusts which are established for charitable or religious purposes and are registered under the said Act.
Tax Amicus: August 2022 · 2022-11-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2022 · By Balaji Sai Krishnan · Recently, the Central Goods and Services Tax Rules, 2017 have been amended to introduce a new Rule 88B, retrospectively with effect from 1 July 2017. The Article in this issue of Tax Amicus intends to analyze the nuances of this new Rule and the implications arising therefrom.
Corporate Amicus: July 2022 · 2022-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2022 · The article in this issue of Corporate Amicus analyses the recently notified Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.
IPR Amicus: July 2022 · 2022-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2022 · The first article in this issue of IPR Amicus analyses the dilemma relating to single colour trademarks in India. It observes that a literal interpretation of the statutory provisions leads to a straightforward conclusion that a single colour cannot be applied as a trademark.
International Trade Amicus: July 2022 · 2022-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2022 · By Kundan Kumar · The article in this issue of International Trade Amicus discusses the chapter on government procurement in the India-UAE Comprehensive Economic Partnership Agreement, which is India’s first such market access agreement (i.e., with government procurement chapter) with any country.
Competition & Antitrust: September 2022 · 2022-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-september-2022 · This Update discusses the various antitrust and merger control decisions from the months of July & August, 2022. Some of the recent decisions in the competition space, including findings of collusive conduct by Chennai based Trailer Owner association and investigation into the practices of Bookmyshow for alleged abuse of dominance.
Competition & Antitrust: July 2022 · 2022-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-july-2022 · This edition discusses the various antitrust and merger control decisions from the months of April - June 2022. Some of the recent decisions in the competition space, include findings of bid-rigging in public procurement tenders and abuse of dominance by the Amateur Baseball Federation by preventing other private leagues to be conducted.
Direct Tax Amicus: July 2022 · 2022-11-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2022 · The article in this issue of Direct Tax Amicus elaborately discusses Section 10AA of the Income Tax Act, 1961 which entitles every person being an entrepreneur of a SEZ unit to claim deduction of the profits and gains derived from export of services or articles or things manufactured or produced through such unit, subject to certain conditions.
Tax Amicus: July 2022 · 2022-11-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2022 · By Atul Gupta · The article in this issue of Tax Amicus discusses elaborately an amendment in Section 132 of the Central Goods and Services Tax Act, 2017 by the Finance Act, 2020, relating to punishment to perpetrators for fraudulent passing and availing Input Tax Credit in GST.
Corporate Amicus: June 2022 · 2022-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2022 · The article in this issue of Corporate Amicus discusses the yet to be introduced Occupational Safety, Health, and Working Conditions Code, 2020 (‘OSHW Code’) which will subsume 13 central labour legislations including the Contract Labour (Regulation and Abolition) Act of 1970 (‘CLRA Act’) which governs and regulates the employment of contract labour.
IPR Amicus: June 2022 · 2022-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2022 · By Malathi Lakshmikumaran · The article in this issue of IPR Amicus deals with a noteworthy decision of the Indian Patents Office on the pre-grant opposition under Section 25(1) of the Patents Act, 1970.
International Trade Amicus: June 2022 · 2022-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2022 · The WTO recently concluded its 12th Ministerial Conference. Contrary to the pessimistic expectations in the runup to the MC 12, the Conference has delivered a package of decisions which are being hailed as achievements in the WTO’s negotiating history.
Direct Tax Amicus: June 2022 · 2022-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2022 · The year 2022 has witnessed major changes in exemption regimes available to charitable institutions under the Income-tax Act, 1961. Through these changes, while the Government has seemingly taken care of one issue faced by charitable institutions, it has also given birth to a new one.
Tax Amicus: June 2022 · 2022-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2022 · On the 5th Anniversary of implementation of GST in India, the article in this issue of Tax Amicus discusses the levy of compensation cess which was initially imposed to compensate the States for their revenue loss due to GST implementation, and which was supposed to expire after 5 years. Elaborately discussing the levy, the article proceeds to deliberate the background of the recommendation of the GST Council to extend the levy till March 2026.
IPR Amicus: November 2022 · 2022-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2022 · The article in this issue of IPR Amicus discusses the prescribed timelines set under the Patents Act, 1970 and the Patent Rules, 2003, and throws insights on the flexibility of timelines set forth under different orders.
Corporate Amicus: November 2022 · 2022-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2022 · The first article in this issue of Corporate Amicus analyses a recent decision of the Supreme Court in the case of Employees’ Provident Fund Organisation & Another v. Sunil Kumar B. and Others.
International Trade Amicus: November 2022 · 2022-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2022 · In continuation of the article published last month, shedding light on the nature and extent of Western sanctions, the article in this issue of International Trade Amicus intends to discuss some of the salient aspects of the US sanctions regime as administered by the Office...
Direct Tax Amicus: November 2022 · 2022-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2022 · By Harshit Khurana, Devashish Jain · Lately, in the context of dividend income, the applicability of MFN clause has been a subject matter of dispute between the taxpayers and the Revenue authorities. The controversy revolves around the fact that the dividend income is taxable in India at the rate of 5%...
Tax Amicus: November 2022 · 2022-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2022 · By Ravi Raghavan · The Government has with effect from 19 November 2022 rolled back export duty on iron ore pellets and steel products, including pig iron, flat-rolled products of carbon steel and stainless steel, bars, rods and non-alloy steel, etc.
Tax Amicus: October 2022 · 2022-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2022 · The article in this issue of Tax Amicus discusses certain exemptions and concessions available under Customs and GST laws in respect of goods involved in petroleum operations. It also underlines amendments introduced in one law and shadowing the other.
Corporate Practice: Quarterly Update 2022 (October - December) · 2022-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2022-october-december · We are pleased to present the latest edition of our quarterly newsletter, where we have covered significant amendments under company law, foreign exchange laws, securities laws and environmental laws.
IPR Amicus: October 2022 · 2022-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2022 · By Dhruv Tiwari · The article in this issue of LKS IPR Amicus discusses a peculiar situation where a trademark of one proprietor is found to be infringed by another, by use of recycled bottles or containers of that proprietor for sale of goods or products by the latter in those recycled containers.
International Trade Amicus: October 2022 · 2022-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2022 · The Ukraine-Russia conflict has brought into focus the use of sanctions as an instrument to penalize. While sanctions as an instrument are well known among political and economic institutions in the West, comparatively little attention has been paid to Western sanctions by businesses in India.
Corporate Amicus: October 2022 · 2022-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2022 · The State of Tamil Nadu has recently promulgated an Ordinance Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 for the regulation of online gaming in the State. The Ordinance prohibits online gambling and playing of online games of chance with money or other stakes.
Direct Tax Amicus: October 2022 · 2022-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2022 · The same income of an entity can become liable to tax in two countries, leading to harsh consequences. To provide relief, the assessees are allowed to claim credit of the tax paid in a foreign country against the tax liability in India, provided that such foreign income is also taxable under the Income Tax Act, 1961 in India. The article in this issue ...
Corporate Practice: Quarterly Update 2022 (July - September) · 2022-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2022-july-september · This Quarterly Update covers significant amendments made during the period July-September 2022, which are aimed at improving ease of doing business in India for stakeholders. It highlights key developments in foreign exchange law, regulations under Companies Act, securities law and other miscellaneous changes.
Competition & Antitrust: April 2022 · 2022-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-april-2022 · The April 2022 edition of Competition Law Update discusses the various antitrust and merger control decisions from the months of February – March 2022. Some of the recent decisions in the competition space, include findings of abuse of dominance against the National Egg Co-ordination Committee,...
Competition & Antitrust: January 2022 · 2022-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-january-2022 · This month’s edition discusses the various antitrust and merger control decisions from the months of December 2021-January 2022. At the enforcement front, the CCI directed investigations into alleged abuse of dominance by Google and Apple. The CCI recently also cleared several combinations, including the acquisition of mutual fund business of Indiabulls by Nextbillion and a few acquisitions by the HDFC Group in the insurance space, amongst others.
International Trade Amicus: May 2022 · 2022-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2022 · By Devinder Bagia · India recently signed the Comprehensive Economic Partnership Agreement with the United Arab Emirates and the Economic Comprehensive Trade Agreement with Australia. The objective of the article in this issue of International Trade Amicus is to broadly provide an advisory perspective of comprehensive trade agreements for trade and industry in India.
Corporate Amicus: May 2022 · 2022-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2022 · By Kumar Panda · SEBI has recently constituted a committee to recommend enhancements to Business Responsibility and Sustainability Report (‘BRSR’), rating and investments in Environment, Social and Governance (‘ESG’) practices. The article in this issue of Corporate Amicus notes that though India has no comprehensive legislation concerning ESG disclosures for Indian corporates, National Guidelines on Responsible Business Conduct, 2019 lays down the principles to operate a business in an ethical,...
IPR Amicus: May 2022 · 2022-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2022 · The article in this issue of IPR Amicus analyses a recent decision of the Delhi High Court wherein the Court determined as to whether the Domain Name Registrars (Defendants) can be categorised as alleged infringers, by virtue of them offering, for registration, domain names that were similar to the Plaintiff’s registered trademarks.
Direct Tax Amicus: May 2022 · 2022-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2022 · The article in this issue of Direct Tax Amicus discusses elaborately the recent decision of the Supreme Court in the case of Apex Laboratories wherein the Court has denied the claim of expenditure under Section 37 of the Income-tax Act, 1961 incurred by pharmaceutical companies on gifting of freebies to doctors.
Tax Amicus: May 2022 · 2022-06-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2022 · By Balaji Sai Krishnan · The article in this issue of Tax Amicus analyses provisions of Section 50 of the Central Goods and Services Tax Act, 2017 in the light of recent Madras High Court decision in the case of Srinivasa Stampings.
Corporate Amicus: April 2022 · 2022-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2022 · The SEBI has on 14 January 2022 notified SEBI (Issue of Capital and Disclosure Requirements) Amendment Regulations, 2022 with respect to changes and obligations that the IPO bound companies have to comply with while filing the Draft Red Herring Prospectuses. The article in this issue of Corporate Amicus seeks to provide an insight on the amendments made under the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 and the need to bring such amendments.
IPR Amicus: April 2022 · 2022-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2022 · By Vindhya S. Mani · The first article in this issue of IPR Amicus discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5).
International Trade Amicus: April 2022 · 2022-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2022 · By Gopakrushna Das · Article 2.2 of the WTO’s Anti-dumping Agreement allows an investigating authority to reject the domestic selling prices for calculating the normal value in cases where, because of a ‘Particular Market Situation’ (‘PMS’), such domestic sales do not permit a proper comparison with the export price.
Direct Tax Amicus: April 2022 · 2022-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2022 · The article in this issue of Direct Tax Amicus discusses elaborately the recently introduced taxation of virtual digital assets (VDA). It discusses how the definition of VDA in the Income-tax Act is wider than the definition of digital asset expressed by Financial Action Task Force (FATF), OECD or UK Money-Laundering Laws.
Tax Amicus: April 2022 · 2022-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2022 · By Payal Nahar · The article in this issue of Tax Amicus discusses at length the significance of ‘appointed date’, ‘effective date’ and various clauses of the scheme of amalgamation/ merger/ demerger in the light of indirect tax laws. Elaborating upon the concepts, the author deliberates on a dispute in respect of those transactions which are undertaken between the appointed date and the effective date/till the fresh registration under indirect tax is obtained by the successor in its own name.
Corporate Amicus: March 2022 · 2022-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2022 · The first article highlights the law on cross border insolvency in India as it stands today. Discussing the need for such insolvency proceedings, the article deliberates upon the four main necessities as prescribed in the Model Law by the United Nations Commission on International Trade Law.
IPR Amicus: March 2022 · 2022-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2022 · By Vindhya S. Mani · The article discusses elaborately the recent decision of the Delhi High Court where the Court applied the concept of Doctrine of Equivalence to arrive at the finding of a prima facie case of infringement and also dismissed the exemption of parallel import under Section 107A(b) of the Patents Act, 1970 (‘Act’). Relying on the experts’ report, the Court narrowed...
International Trade Amicus: March 2022 · 2022-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2022 · By Devinder Bagia · The article in this issue of International Trade Amicus discusses a recent decision of the Anti-dumping Bench of the CESTAT which examined the issue as to what is the standard of evidence that is required to be considered by an investigating authority in a sunset review.
Direct Tax Amicus: March 2022 · 2022-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2022 · The Finance Bill, 2022 has proposed to insert an explanation to Section 14A of the Income-tax Act, 1961 to state that bereft exempt income being earned in any year, disallowance under Section 14A will still be attracted. The article in this issue of Direct Tax Amicus, in this regard, elaborately discusses various issues that may crop up once the provisions are enacted.
Tax Amicus: March 2022 · 2022-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2022 · The article in this issue of Tax Amicus discusses a recent decision of the Division Bench of the Karnataka High Court in the case of Bundl Technologies upholding the view of the Single Bench that the amounts deposited with the Department at odd hours during the DGGI investigations were paid involuntarily.
Tax Amicus: February 2022 · 2022-04-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2022 · The article in this issue of Tax Amicus highlights the changes in entries relating to electric vehicles (‘EV’) and their probable impact on the EV ecosystem in India. Elaborately discussing the amendments made by a notification issued as part of Budget 2022 proposals, the authors ...
Corporate Amicus: January 2022 · 2022-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2022 · By Dinesh Babu Eedi · In India, one set of facts expose an economic offender to prosecution under multiple legislations. In order to fully understand and organize how economic offences are being tackled today, the article in this issue...
Corporate Amicus: February 2022 · 2022-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2022 · By Kumar Panda · India has seen rapid adoption of crypto or digital currencies for trading and investment purposes. However, there is an uncertainty on the legal status and dealing with the same by the residents. The Bill proposing a sweeping ban has been listed twice in the legislative business of Lok Sabha and while the draft bill is in the dock, the Finance Minister in Budget 2022 has announced taxation of crypto profits.
IPR Amicus: February 2022 · 2022-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2022 · Indian Courts have number of times recognized that rights of the prior user in relation to the goods/services are superior to the rights of the registered proprietor in relation to the identical/similar goods/services. The article in this issue of IPR Amicus analyses Section 34 of the Trade Marks Act, 1999 which keeps on a higher ground the rights of a prior user of the mark than that of the registered proprietor of a trademark who is granted registration later.
International Trade Amicus: February 2022 · 2022-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2022 · By Archana Viswanathan · The article in this issue of International Trade Amicus examines the recent Final Findings issued by the DGTR in the Mid-Term Review of countervailing duty on imports of Welded Stainless-Steel Pipes and Tubes (‘product under consideration’, ‘PUC’) from China PR and Vietnam.
Direct Tax Amicus: February 2022 · 2022-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2022 · The article in this issue of Direct Tax Amicus elaborately discusses a restriction under various provisions of the Income Tax Act, granting certain tax holidays to new businesses and providing that the new business should ‘not be formed by splitting up, or the reconstruction, of a business already in existence’.
Corporate Practice: Quarterly Update 2022 (April - June) · 2022-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-practice-quarterly-update/lks-corporate-practice-quarterly-update-2022-april-june · The latest edition of our quarterly newsletter covers those significant amendments which may have wide implications on the ease of doing business. This Update highlights key developments during the period April-June 2022, in the Foreign Exchange Management Act, 1999, the Companies Act, 2013 and in the Securities law.
International Trade Amicus: January 2022 · 2022-03-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2022 · The article in this issue of International Trade Amicus examines the recent Final Findings issued by the DGTR in the Mid-Term Review of countervailing duty on imports of Welded Stainless-Steel Pipes and Tubes (‘product under consideration’, ‘PUC’) from China PR and Vietnam.
IPR Amicus: January 2022 · 2022-03-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2022 · By Malathi Lakshmikumaran · The article in this issue of IPR Amicus elaborately discusses a recent Delhi High Court decision wherein the Court has emphasised that the literal rule of interpretation should be applied while interpreting patent claims.
Direct Tax Amicus: January 2022 · 2022-03-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2022 · By Devashish Jain · The article in this issue of Direct Tax Amicus examines the question as to whether after the enactment of new reassessment law from 1 April 2021, the reassessment notice can still be issued under the old law till 30 June 2021 and whether the old law remains alive for such cases because of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 and subsequent notifications. The article notes that the issue has been contested before various...
Tax Amicus: January 2022 · 2022-03-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2022 · By Krithika Jaganathan · The article in this issue of Tax Amicus explores the on-ground impact of the recent CBIC Instruction dated 5 January 2022 on the Supreme Court’s decision in Westinghouse Saxby Farmer Ltd. v. CCE, Calcutta case.
Direct Tax Amicus: December 2021 · 2021-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2021 · The amendment by Finance Act, 2021 seeks to tax notional interest on Employee’s contribution to specified provident fund, exceeding the threshold limit made on or after 1 April 2021. Recently, the Income Tax Rules have been amended to lay down the manner of computation of taxability of interest.
International Trade Amicus: December 2021 · 2021-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2021 · The article analyses the recent decision of the CESTAT which has allowed an appeal against the Finance Ministry’s decision rejecting the Designated Authority’s recommendation to impose anti-dumping duty.
Tax Amicus: December 2021 · 2021-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2021 · By Ravi Raghavan · The textile sector has recently been in news for various reasons. The article in this issue of Tax Amicus intends to highlight the possible consequences arising out of the recent changes in the GST rates of textiles and textile articles.
IPR Amicus: December 2021 · 2021-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2021 · By Malathi Lakshmikumaran · Amendments to a patent application form an essential element in demarcating the scope of inventions. The article in this issue of IPR Amicus provides a comprehensive guide on the scope of claim amendments allowed in the Indian Patent regime. It focuses on the relevant aspects which must be kept in mind when applicants/patentees wish to file claim amendments.
Corporate Amicus: December 2021 · 2021-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2021 · By Astha Sinha · The article in this issue of Corporate Amicus reviews the recent changes made by the Securities and Exchange Board of India (‘SEBI’) in the related party transaction (‘RPT’) regime for listed entities. The article discusses the changes made in the definition of ‘related party’ and how the ambit of RPT has been widened to include transactions between a listed entity or its subsidiaries on one side and a related party of the listed entity or its subsidiaries on the other side.
IPR Amicus: September 2021 · 2021-11-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2021 · The article in this issue of IPR Amicus analyses an Order by the Intellectual Property Appellate Board (IPAB) on the issue of patent eligibility of computer-related inventions under Section 3(k) of the Patents Act.
International Trade Amicus: September 2021 · 2021-11-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2021 · The article in this issue of International Trade Amicus analyses a recent decision of the DGTR recommending extension of anti-dumping duty being imposed on ceramic tableware and kitchenware, excluding knives and toilet items from China to import of such goods from Malaysia. The DGTR had in the anti-circumvention investigation noted that there was a clear and distinct change in the pattern of trade of import of the subject goods into India from China and Malaysia.
Corporate Amicus: September 2021 · 2021-11-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2021 · The article in this issue of Corporate Amicus analyses the Master Direction on Prepaid Payment Instruments (PPI) issued by the Reserve Bank of India recently. The article notes that the latest directions have classified PPIs into two new categories, i.e. small PPIs and full-KYC PPIs, with an aim to simplify the regulatory procedure, as compared to the three categories provided in 2017 (Closed Systems PPI, Semi-Closed Systems PPI, and Open Systems PPI).
Direct Tax Amicus: September 2021 · 2021-11-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2021 · The article in this issue of Direct Tax Amicus elaborately discusses the recently introduced definition of ‘liable to tax’ in the Income-tax Act, 1961. Tracing the history of the dispute relating to the phrase in determination of residency under Double Taxation Avoidance Agreements (DTAA),
Tax Amicus: September 2021 · 2021-11-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2021 · It is not an aberrant practice for partnership firms to distribute assets to its partners at the time of retirement. However, such distribution of assets is an area of concern as far as GST is concerned.
International Trade Amicus: November 2021 · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2021 · The article in this issue of International Trade Amicus elaborately analyses the recently introduced anti-absorption provisions under the anti-dumping and countervailing duty laws. Stating when an anti-dumping duty or countervailing duty could be considered to have been absorbed, ...
Tax Amicus: November 2021 · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2021 · By Kundan Kumar · Under margin scheme, a registered person may at his option, discharge tax on sale of used or second-hand goods on the margin amount which is the difference between selling price and purchase price of the goods.
IPR Amicus: November 2021 · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2021 · A domain name can be used to uniquely identify an entity and can function as a source identifier on the world wide web. Elaborating on the anatomy of a domain name and the its registration, the author points out that second-level ‘names’ of the domain names are registerable under the Trade Marks Act, 1999 however, the authorities register domain names on a ‘first come first serve’ basis, sans a thorough conflict check.
Corporate Amicus: November 2021 · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2021 · The article in this issue of Corporate Amicus analyses the Special Purpose Acquisition Companies (‘SPACs’) which raise capital from an initial public offering (‘IPO’) to acquire an unspecified operating business.
Direct Tax Amicus: November 2021 · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2021 · The article in this issue of Direct Tax Amicus attempts to analyze the aspect of determining the year of taxability of capital gains arising out of the transfer of immovable property under Joint Development Agreements (‘JDAs’). It analyses the provisions of the Income Tax Act, 1961 and the jurisprudence laid down by various Courts and ITAT in case of registered JDAs.
Competition & Antitrust: November 2021 · 2021-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-november-2021 · ‘’This month’s edition discusses the various antitrust and merger control decisions from the months of October-November 2021. The newsletter features an article analysing the CCI’s decision relating to cartelization in the beer industry where a staggering penalty of INR 870 crore was imposed.
International Trade Amicus: August 2021 · 2021-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2021 · By Devinder Bagia · The defining feature and the heart of any trade remedial investigation is the product under consideration (‘PUC’). Discussing various aspects of the practice of investigating authorities in defining the scope of the PUC and identifying the product exclusions, the article also probes the necessity for the interested parties to assist the investigating authority in clarifying the scope of the PUC.
Corporate Amicus: August 2021 · 2021-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2021 · The first article in this 10th Anniversary issue of Corporate Amicus discusses a recent Supreme Court decision in the case of Silpi Industries v. Kerala State Road Transport Corporation. The Apex Court has categorically stated that, in order to seek the benefit under the Micro Small and Medium Enterprises Development Act, 2006, the seller should have been registered under the said Act on the date of entering into the concerned contract.
IPR Amicus: August 2021 · 2021-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2021 · By Raghav Sarda · The article discusses the increasing trend among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions...
Tax Amicus: August 2021 · 2021-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2021 · By D. Kalirajan · The Central Government recently notified the much-awaited Remission of Duties and Taxes on Exported Products Scheme (‘RoDTEP Scheme’) with retrospective effect i.e., for exports from 1 January 2021, with certain exclusions.
Direct Tax Amicus: August 2021 · 2021-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2021 · By Ravi Sawana · The article in this issue of Direct Tax Amicus elaborately discusses the recently introduced definition of ‘liable to tax’ in the Income-tax Act, 1961. Tracing the history of the dispute relating to the phrase in determination of residency under Double Taxation Avoidance Agreements (DTAA),
International Trade Amicus: October 2021 · 2021-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2021 · One of the foremost requirements in anti-dumping or countervailing duty investigation is to identify the scope of the ‘domestic industry’. Examining the definition of domestic industry, the article elaborates on why it is important to determine its scope. It also gives various recent examples of the varied practice of the DGTR while excluding or including the domestic producer in the scope of domestic industry.
IPR Amicus: October 2021 · 2021-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2021 · By Archana Viswanathan, Malathi Lakshmikumaran · The article in this issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court wherein the Court clarified that the mere coverage in every case does not result in obviousness. It also confirmed that the patent applications related to selection inventions may be granted, provided they satisfy three conditions.
Tax Amicus: October 2021 · 2021-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2021 · The article in this issue of Tax Amicus discusses a recent CBIC Circular 159/15/2021-GST on intermediary services. Dissecting the definition of ‘intermediary’ as given under Section 2(13) of the IGST Act, 2017, the author tries to be optimistic and analyses how the Circular instils hope or at least ensures that it should not be ignored.
Corporate Amicus: October 2021 · 2021-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2021 · The article in this issue of Corporate Amicus discusses the proposed amendments relating to the fall-back liability in the Consumer Protection (E-Commerce) Rules, 2020. The clause makes a paradigm shift in the liability of the online retailers who until now majorly functioned in the nature of middlemen but with these Rules coming into force, will become directly and vicariously responsible for the damage caused by the vendor to the customer.
Direct Tax Amicus: October 2021 · 2021-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2021 · The article in this issue of Direct Tax Amicus analyses the various income-tax implications of the amendments in Section 135 of the Companies Act, 2013 and the Companies (CSR Policy) Rules, 2014 with effect from 22 January 2021, and related aspects, on the companies and charitable trusts/societies being implementing agencies.
Corporate Amicus: July 2021 · 2021-09-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2021 · By Apeksha Bansal · The article in this issue of Corporate Amicus analyses few recently proposed amendments in the Consumer Protection (E-Commerce) Rules, 2020. The changes, once notified, will not only impact the e-commerce operators (both marketplace as well as inventory-based model entities) but also entities which are engaged by such operators for fulfilment of orders placed by buyers on an electronic portal or mobile based application.
IPR Amicus: July 2021 · 2021-09-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2021 · The article in this issue of IPR Amicus discusses the puzzle in choosing between the ‘Rule of Anti-Dissection’ and the ‘Rule of Dominant Feature’, both being used at present while adjudging the deceptive similarity between two composite trademarks.
Direct Tax Amicus: July 2021 · 2021-09-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2021 · The transfer of immovable property by land owners under the mechanism of Joint Development Agreement (‘JDA’) has evolved over the years. The article in this issue of Direct Tax Amicus analyses the provisions of Section 45(5A) of the Income-tax Act, 1961 in a scenario where the JDA is unregistered.
Tax Amicus: July 2021 · 2021-09-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2021 · It is common in commercial transactions to negotiate and record specific terms regarding which party would bear the burden of indirect tax in the agreement governing the transaction. Observing that if a person chooses to, or mistakenly, not shifts the burden of tax contractually, it will still not alter the nature of the tax, the article in this 10th Anniversary Issue of Tax Amicus analyses few select situations for highlighting the importance of drafting contracts with a proper tax clause..
Competition & Antitrust: July 2021 · 2021-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-july-2021 · This edition of Competition & Antitrust Update discusses the various antitrust decisions from the months of June-July 2021. Some of the recent decisions in the competition space, include initiation of a third in a series of investigations against Google by the CCI.
Competition & Antitrust: September 2021 · 2021-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-antitrust-september-2021 · ‘’This month’s edition discusses the various antitrust and merger control decisions from the months of August-September 2021. Some of the recent decisions in the competition space, include the Supreme Court of India dismissing the petitions filed by Amazon and Flipkart and allowing an antitrust probe against them.
Corporate Amicus: June 2021 · 2021-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2021 · By Noorul Hassan, Kumar Panda · Highlighting the participation of corporate India in supplementing the efforts of the government, the first article in this issue of Corporate Amicus discusses at length an important recent amendment in the Corporate Social Responsibility (‘CSR’) provisions. According to the changes, Section 135(6) of the Companies Act, 2013 now enables corporates to transfer unspent amounts concerning an ‘on-going project’ to a separate account designated as an ‘unspent CSR account’.
International Trade Amicus: June 2021 · 2021-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2021 · June 2021 marks a significant milestone for International Trade Amicus, as we celebrate our 10th Anniversary issue.
IPR Amicus: June 2021 · 2021-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2021 · The article in this issue of IPR Amicus discusses an IPAB decision wherein the Appellate Board has set aside the revocation order which was a result of post-grant opposition proceedings.
Direct Tax Amicus: June 2021 · 2021-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2021 · The article in this issue of Direct Tax Amicus attempts to discuss the dispute as to whether income-tax includes in its ambit the surcharge and cess also.
Tax Amicus: June 2021 · 2021-08-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2021 · The article in this 120th issue of Tax Amicus discusses an amendment made in the Central Goods and Services Tax Act, 2017 with effect from 1 January 2021 which has resulted in delinking the date of issuance of the debit note from the date of original / parent invoice against which the GST debit note is issued.
Competition Law: May 2021 · 2021-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-may-2021 · This month’s edition discusses the various antitrust decisions from the months of April-May 2021.
Competition Law: March 2021 · 2021-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-march-2021 · This month’s edition discusses the various antitrust decisions and merger orders from the months of February-March 2021. Some of the recent CCI decisions discussed in this issue include, investigation into WhatsApp’s updated Privacy Policy, a first of its kind interim order directing Makemytrip to re-list Treebo and FabHotels on its platform and a decision to not investigate the corrugated box manufacturer’s association for allegations of cartelization.
Competition Law: January 2021 · 2021-07-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-january-2021 · In this edition, we analyse the regulatory and policy measures proposed by various antitrust jurisdictions such as the United States, European Union, United Kingdom and of course India for the regulation of digital markets.
Corporate Amicus: May 2021 · 2021-07-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2021 · By Apeksha Bansal, Dinesh Babu Eedi · The first article in this issue of Corporate Amicus discusses various changes in the framework of the contract labour, which will come into effect when the Code of Occupational Safety, Health and Working Conditions, 2020 (‘Code’) will come into force.
International Trade Amicus: May 2021 · 2021-07-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2021 · The article in this issue of International Trade Amicus discusses the recent decision of the DGTR terminating the original investigation concerning imports of ‘Plain Medium Density Fibre Board having thickness 6mm and above’ produced by Kim Tin MDF Joint Stock Company, Vietnam.
IPR Amicus: May 2021 · 2021-07-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2021 · Considering the situation of shortage of drugs and other resources to combat Covid-19, India and South Africa have jointly requested for a TRIPS waiver.
Direct Tax Amicus: May 2021 · 2021-07-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2021 · By Harshit Khurana, Devashish Jain · The article in this issue of Direct Tax Amicus discusses how the legislature has vide Finance Act, 2021 gone far beyond the expectations of the taxpayers by redesigning the entire scheme of taxation in cases of reconstitution and dissolution of partnerships.
Tax Amicus: May 2021 · 2021-07-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2021 · The article in this issue of Tax Amicus discusses various recent significant developments in the e-way system and their implications for the business. It explains the integration of the e-way bill system with the RFID tag and how this is helping the authorities to validate supplies, detect cases of bill trading or circular trading, etc.
International Trade Amicus: April 2021 · 2021-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2021 · The article in this issue of International Trade Amicus discusses the recent amendments by the Finance Act, 2021 in the Customs Tariff Act, 1975 to allow imposition of anti-dumping duty (‘ADD’) and countervailing duty (‘ CVD’) on goods removed from a Special Economic Zone to the Domestic Tariff Area.
Direct Tax Amicus: April 2021 · 2021-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2021 · By Samyak Lohade · Recently, the Supreme Court in DCIT v. Pepsi Foods Ltd. examined the power of the Income Tax Appellate Tribunal (‘ITAT’) to grant stay, as well as certain amendments which provided for automatic vacation of stay granted by the ITAT. The article in this issue of Direct Tax Amicus analyses the legislative history in the matter of grant of stay by the Tribunal with the help of notable judicial precedents.
Tax Amicus: April 2021 · 2021-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2021 · As an industry with multitude of components and parts, the automotive industry is always under the scanner of the taxmen. Particularly, in respect of indirect taxes, there has been emergence of many new complicated issues. The article in this issue of Tax Amicus discusses some of these issues which plague this industry.
Corporate Amicus: April 2021 · 2021-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2021 · By Noorul Hassan · The article in this issue of Corporate Amicus raises many issues which may arise if the definition of ‘wages’ as envisaged in the Wage Code, 2019 is implemented. It traces the history of the changes as recommended in the report of the National Commission on Labour submitted in 2002, report of the Working Group on ‘Labour Laws & Other Regulations’, Code on Wages Bill, 2017 and the report of the Standing Committee on Labour (2018-19).
IPR Amicus: April 2021 · 2021-06-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2021 · Comparative advertisement may often lead to a legal tussle under the Indian Trademark Law. The article in this issue of IPR Amicus discusses elaborately the recent decision of the Single Judge of the Bombay High Court in Hindustan Unilever Limited and Another v. USV Private Limited which has since been upheld by the Division Bench and maintained by the Supreme Court.
Direct Tax Amicus: March 2021 · 2021-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2021 · The article in this issue of Direct Tax Amicus discusses the recently introduced Faceless Penalty Scheme, 2021 which has come into effect from 12 January 2021.
International Trade Amicus: March 2021 · 2021-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2021 · The article in this issue of Tax Amicus attempts to discuss the dispute on the scope of distribution of electricity services by DISCOMs.
IPR Amicus: March 2021 · 2021-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2021 · A registered proprietor of a trademark is required to remain cautious with respect to misuse of the trademark by others, failing which the registered proprietor may be disentitled from taking any legal action against the alleged offenders.
Corporate Amicus: March 2021 · 2021-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2021 · By Dinesh Babu Eedi · While social media has been playing a vital role in connecting people and building relations without any boundaries, its misuse by miscreants to spread fake news and for other illegal means, has also increased.
Tax Amicus: March 2021 · 2021-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2021 · The article in this issue of Tax Amicus attempts to discuss the dispute on the scope of distribution of electricity services by DISCOMs.
Direct Tax Amicus: February 2021 · 2021-05-11 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2021 · The article in this issue of Direct Tax Amicus discusses the recently introduced Faceless Penalty Scheme, 2021 which has come into effect from 12 January 2021.
Corporate Amicus: February 2021 · 2021-05-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2021 · Today, startups are identified as vital engines for economic growth and job genesis. With the support of the government and due to the colossal commercial potential for startups, India has moved up to the third position on the global list in respect of number of startups.
IPR Amicus: February 2021 · 2021-05-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2021 · The article in this issue of IPR Amicus 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.
International Trade Amicus: February 2021 · 2021-05-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2021 · One of the changes proposed by the Union Budget 2021-22 is the introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations.
Tax Amicus: February 2021 · 2021-05-10 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2021 · By Nitum Jain · There is no doubt that the GST regime has not seen a rule so debated as Rule 96(10) of the Central Goods and Services Tax Rules, 2017.
Corporate Amicus: January 2021 · 2021-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2021 · 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 in this issue of Corporate Amicus discusses at length the various amendments made by the Companies (Amendment) Act, 2020 related to the Corporate Social Responsibility (‘CSR’) mandate, and their implications.
Direct Tax Amicus: January 2021 · 2021-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2021 · The article in this issue of Direct Tax Amicus 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.
Tax Amicus: January 2021 · 2021-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2021 · By Nirav Sanjay Karia · The article in this issue of Tax Amicus intends to demystify the controversial issue relating to the classification of different kinds of toys under GST. It notes that tariff headings under the Customs Tariff Act are broadly divided into two categories under GST - electronic products and non-electronic products.
International Trade Amicus: January 2021 · 2021-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2021 · Anti-circumvention investigations are conducted in respect of anti-dumping measures that are already in force as on the date of initiation of the anti-circumvention investigation.
IPR Amicus: January 2021 · 2021-03-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2021 · The article in this issue of IPR Amicus discusses at length the recent decision of the Intellectual Property Appellate Board (‘IPAB’) in the case of Wisig Networks Private Limited v. Controller.
Corporate Amicus: November 2020 · 2020-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2020 · The first article in this issue of Corporate Amicus elaborately discusses a recent circular issued by SEBI that will be applicable for a scheme of merger, demerger, amalgamation or arrangement filed with the stock exchanges after 17 November 2020.
International Trade Amicus: November 2020 · 2020-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2020 · By Ankur Sharma · An important facet of trade remedy investigations, especially, anti-dumping and countervailing duty investigations is that if a producer/exporter from the country facing such investigation fully ‘cooperates’, the investigating authority acknowledges this and awards a duty basis the data presented by such party.
IPR Amicus: November 2020 · 2020-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2020 · By Jaya Pandeya, Ankur Garg · Elaborately discussing various IPAB Orders, including the 2011 decision in the case of LG Electronics and the very recent decision in the case of Esco Corporation, the article in this issue of IPR Amicus examines several issues involving divisional applications.
Direct Tax Amicus: November 2020 · 2020-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2020 · By Nupur Maheshwari · The article in this issue of Direct Tax Amicus discusses at length the question as to whether ‘slump exchange’ is covered by the provisions of Section 50B of the Income Tax Act, 1961.
Tax Amicus: November 2020 · 2020-12-28 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2020 · By Saurabh Malpani · With export promotion schemes like EOU, SEZ and EPCG being challenged at the international forums, alleged to be in violation of the WTO agreement, the thrust of the government has now shifted to age old scheme of duty deferment and manufacturing in customs bonded warehouse.
Corporate Amicus: October 2020 · 2020-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2020 · The article in this issue of Corporate Amicus elaborately discusses the recent amendments in the Foreign Contribution (Regulation) Act, 2010 (‘FCRA’) by the Foreign Contribution (Regulation) Amendment Act, 2020 which has come into effect from 29-09-2020.
International Trade Amicus: October 2020 · 2020-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2020 · The article in this issue of International Trade Amicus discusses at length the provisions relating to Mid-Term Review (‘MTR’) of anti-dumping measures.
IPR Amicus: October 2020 · 2020-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2020 · By Vindhya S. Mani · The article in this issue of IPR Amicus elaborately discusses a recent decision of the Intellectual Property Appellate Board (‘IPAB’) wherein the IPAB allowed the appeal challenging the revocation of Indian Patent No. 262968 by the Joint Controller following post-grant opposition proceedings.
Direct Tax Amicus: October 2020 · 2020-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2020 · By Harshit Khurana · The article in this issue of Direct Tax Amicus discusses at length a peculiar issue relating to Equalisation levy on non-resident e-commerce facilitators, regarding the amount on which the such e-commerce facilitators should charge such levy.
Tax Amicus: October 2020 · 2020-12-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2020 · Analysing Section 15(2)(d) of the Central Goods and Services Tax Act, 2017, the article in this issue of Tax Amicus elaborately discusses the question as to whether every charge paid for delayed payment of any amount form part of the value of supply. In the opinion of the authors, Section 15(2)(d) does not cover all scenarios where additional charges are paid.
IPR Amicus: December 2020 · 2020-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2020 · The article in this issue of IPR Amicus discusses elaborately, the recent decision of the Intellectual Property Appellate Board reaffirming the importance of the principles of natural justice in judicial and/or quasi-judicial decisions, whilst also clarifying aspects of patent law with respect to cited prior art documents and description of the invention.
Corporate Amicus: December 2020 · 2020-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2020 · Finance Act, 2019 has introduced various amendments to the Indian Stamp Act, 1899. Further, with an intent to bring uniformity in rates of stamp duty on both issuance and transfer of securities, whether in physical or dematerialized mode, the Central Government also introduced the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019.
Tax Amicus: December 2020 · 2020-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2020 · Employers often arrange for various facilities such as transportation, canteen, healthcare, insurance, for their employees.
Direct Tax Amicus: December 2020 · 2020-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2020 · By Neha Sharma · Compulsorily Convertible Debentures (‘CCDs’) are hybrid instruments, being debt at the time of issue along with a certainty to get converted into equity.
International Trade Amicus: December 2020 · 2020-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2020 · The article in this issue of International Trade Amicus intends to provide a brief overview of the legal framework in India and the trend of non-imposition of anti-dumping duty in certain cases.
Tax Amicus: September 2020 · 2020-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2020 · By Ankur Garg · Employee recoveries have always been a contentious issue, both in pre-GST era and under GST. The article in this issue of Tax Amicus elaborately discusses a recent decision of Maharashtra AAR in the case of Tata Motors, where the Authority has held that the provision of bus facilities by the employer to the employee on a nominal price falls under ‘employer-employee’ relation and is not a ‘supply’.
Corporate Amicus: September 2020 · 2020-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2020 · By Kumar Panda · Under the current circumstances of employees temporarily working remotely from a different country other than their regular work location, a question arises as to whether an individual and the employer will be subjected to different social security obligations, where provision of services is provided remotely from home country.
Corporate Amicus: August 2020 · 2020-11-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2020 · Corporate Social Responsibility (“CSR”) was introduced under the Companies Act, 2013 to discharge social responsibility through innovative ideas and management skills.
Direct Tax Amicus: August 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2020 · Doctrine of Merger is a common law doctrine which is founded on the principles of propriety in the hierarchy of justice delivery system. The underlying logic of Doctrine of Merger is that there cannot be more than one decree or an operative order governing the same subject-matter at a given point of time.
IPR Amicus: September 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2020 · The article in this issue of IPR Amicus discusses at length the recent decision of the Intellectual Property Appellate Board (‘IPAB’) in the case of Stempeutics Research Pvt. Ltd. v.
Direct Tax Amicus: September 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2020 · By S. Sriram · Sub-section (1H) introduced in Section 206 of the Income-tax Act, 1961 by the Finance Act, 2020, seeks to extend the ambit of Tax Collection at Source (‘TCS’) to consideration received from sale of goods.
International Trade Amicus: September 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2020 · By Divyashree Suri  · The article in this issue of International Trade Amicus discusses an interesting proposition which arose in a recent dispute before the WTO’s DSB in the case United States - Tariff Measures on Certain Goods from China (DS543). Relying on Article 12.7 of the Dispute Settlement Understanding (‘DSU’), the United States had requested the Panel to not issue findings regarding the tariffs imposed by the United States on certain Chinese imports.
Tax Amicus: August 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2020 · By Shankar Rochlani · The first article in this issue of Tax Amicus discusses at length the issue as to whether an intermediary suppling service to a foreign customer should discharge CGST+SGST or IGST. It notes that Section 8(2) of the Integrated Goods and Services Tax Act, 2017 dealing with ‘intra-State supply’ begins with the term ‘subject to…’ thereby giving a meaning that Section 8 is inextricably conditional upon Section 12 and does not have its own identity unless the later section is invoked.
International Trade Amicus: August 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2020 · The European Union, like India, follows a lesser duty rule in case of anti-dumping investigations as is ‘desirable’ by the WTO’s Anti-Dumping Agreement.
IPR Amicus: August 2020 · 2020-11-03 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2020 · The Delhi High Court recently granted an ad-interim injunction to the plaintiff and restrained the defendants, from using the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks.
Competition Law: October 2020 · 2020-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-october-2020 · In this edition, we discuss the evolution of competition law with respect to the e-commerce sector and detail the challenges likely to emerge and steps taken in order to address them. We have also reviewed recent competition law decisions regarding allegations of unilateral conduct against Ashiana Housing, Delhi Metro Rail Corporation, Hexagon India & Yamaha as well as anti-competitive conduct by Amazon.
International Trade Amicus: July 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2020 · Significant distortions methodology on imports from China as per Article 2(6a) of the EU’s amended Basic Regulation has been applied by the European Union in three original anti-dumping investigations.
Corporate Amicus: July 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2020 · One of the common defenses taken by a party, facing a claim in an arbitration is that the contract has already been discharged by performance, however, it is not uncommon for the claimant to dispute the discharge voucher signed by it and claim that it was executed under fraud, coercion or undue influence.
IPR Amicus: July 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2020 · Since February 2020, the Covid-19 (also known as Coronavirus) pandemic has been a major talking point and consequently many pandemic referenced words are being used as trademarks and are being filed for registration at Trademark Registries worldwide.
Direct Tax Amicus: July 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2020 · Section 115BAA of the Income Tax Act, 1961 is a reduced corporate taxation scheme introduced for domestic companies vide the Taxation Laws (Amendment) Act, 2019 (w.e.f. AY 2020-21). Once opted for, the domestic company would be taxed at 25.17% (effective tax rate inclusive of surcharge and cess) during the lifetime of the said company in respect of its total income.
Tax Amicus: July 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2020 · Question whether the time limit imposed on transitioning the credit into GST from the erstwhile regime is sacrosanct has now been decided by various High Courts and interestingly, not all of them have taken the same view.
International Trade Amicus: June 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2020 · The article in this issue of International Trade Amicus discusses at length the recently introduced provisions of ‘Significant Distortions Methodology’ by the European Union. The author elaborately analysis the few recent expiry reviews by EU wherein the EU authorities...
Corporate Amicus: June 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2020 · By Dinesh Babu Eedi · The first article in this issue of Corporate Amicus covers Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 which has been recently promulgated in order to prevent corporates from being forced into insolvency/liquidation, due to unprecedented situations arising out of COVID-19 pandemic.
IPR Amicus: June 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2020 · Article in June 2020 issue of IPR Amicus discusses elaborately the recent decision of the Delhi High Court in the case of Monsanto Holdings Pvt. Ltd. and Ors. v. Competition Commission of India and Ors.
Direct Tax Amicus: June 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2020 · By Samyak Lohade · After the recent introduction of exemption to Sovereign Wealth Funds in respect of certain income earned from India, the issue as to whether such entities are subject to tax, in the first place, has been reignited.
Tax Amicus: June 2020 · 2020-09-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2020 · By Ratan Jain · The decisions of the GST Council’s 40th Meeting have failed to cheer the industry as the GST Council merely announced procedural relief rather than substantive measures to boost the demand and revive the economy.
Tax Amicus: May 2020 · 2020-09-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2020 · By Nirav Sanjay Karia · Though the Government has announced various relief measures by way of waiver of interest, penalty, extension in statutory due dates, etc., for exporters, their woes seem to be increasing under GST.
Corporate Amicus: May 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2020 · By Kumar Panda · COVID-19 crises has posed a challenge for execution of contracts. The article in this issue of Corporate Amicus hence does an in-depth analysis of electronic execution of contracts. It not only elaborately discusses the governing laws of contracts in India, i.e. Indian Contract Act, 1872, the Information Technology Act, 2000 and the Indian Evidence Act, 1860, but also touches upon many case law on the subject.
International Trade Amicus: May 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2020 · To overcome the issue of the alleged expiry of Paragraph 15(a)(ii) of the Chinese Accession Protocol and the probable illegality of the continuation of non-market economy methodology vis-à-vis China, the EU has amended its Basic Anti-dumping Regulation.
IPR Amicus: May 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2020 · The article in this issue of IPR Amicus elaborately discusses a recent decision of the Bombay High Court which, while dealing with the issue of disparagement by a video blogger, laid down the principles by which any such video or any statement can be considered to be defamatory.
Direct Tax Amicus: May 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2020 · Section 132(4A) of the Income Tax Act, 1961 empowers an Assessing Officer to presume that anything that is found in searched premises belongs to the occupant of such premises. However, this power to presume is not absolute in the hands of the Assessing Officer, in that the presumption is rebuttable.
Corporate Amicus: April 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2020 · The lockdown throughout the country, as a preventive measure for containing the virus, has raised several questions on the business and employment front across sectors which now need to carefully review their existing employee protection and safety policies, strategies and procedures.
International Trade Amicus: April 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2020 · By Divyashree Suri  · The recommendations and rulings of the WTO’s DSB are preferably to be adopted immediately after the concerned country communicates its intentions to implement them. However, if the same is not possible, the country is granted a ‘reasonable period of time’ for such implementation and subsequent compliance.
IPR Amicus: April 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2020 · A Single Judge of the Delhi High Court recently examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India. The Court held that the Defendants cannot be said to be committing passing off with respect to the know-how of the Plaintiff no.1 passed to the Defendants since know-how/trade secret/confidential information is not a ‘property’ and no relief in rem can be claimed with respect to it.
Direct Tax Amicus: April 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2020 · By Harshit Khurana · OECD’s plan to build a ‘Unified Approach’ for taxing digital economy has been testing the patience of the consumer/ user facing countries since long. India was one of the first countries to implement a digital tax levy called the ‘Equalization levy’ in 2016, and now in 2020 it has broadened the scope of the levy.
Tax Amicus: April 2020 · 2020-09-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2020 · By Nupur Maheshwari · Elaborately discussing various recent notifications issued by CBIC, the first article in this issue of Tax Amicus states that even though the Government has brought in various relief measures for the taxpayers, the same are not free from arbitrariness.
Competition Law: August 2020 · 2020-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-august-2020 · In this edition, the Competition Law team discusses the new approach adopted by the Competition Commission of India (“CCI”) in dealing with cartels in two recent orders - despite finding the parties to be engaged in bid-rigging and cartelisation, the CCI refrained from imposing penalties.
Competition Law: June 2020 · 2020-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-june-2020 · The June 2020 edition of Competition Law Update discusses the regulatory tussle between the Competition Commission of India (CCI) and the Controller of Patents in the recent case of Monsanto Holdings.
International Trade Amicus: March 2020 · 2020-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2020 · The article in this issue of International Trade Amicus analysis recent amendments made in the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of circumvention provisions relating to anti-dumping duty. Circumvention is a mechanism used by companies to ‘avoid’ duties which are targeted against unfair imports.
Corporate Amicus: March 2020 · 2020-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2020 · By Kumar Panda · Reserve Bank of India in 2016 had issued a framework for imposing monetary penalties on Authorised Payment Systems Operators / banks under Payment and Settlement Systems Act, 2007. This Framework which provides a procedural guidance on levy of penalties and compounding under the PSS Act, has been recently updated by the RBI.
IPR Amicus: March 2020 · 2020-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2020 · By Ankur Garg · The Delhi High Court recently held that once a person has contributed to any cinematographic film in any manner, then as per the moral rights, he/ she has right to paternity. The Single Judge upheld an order of the Trial Court granting mandatory interim injunction in favour of the Plaintiff.
Direct Tax Amicus: March 2020 · 2020-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2020 · By Bharathi Krishnaprasad · Finance Bill, 2020 has proposed to relieve corporates from paying distribution tax on dividends (‘DDT’) and proposes to go back to the old school ways of taxing such dividends in the hands of the shareholders. The Bill has also proposed re-introduction of Section 80M of the Income Tax Act which was omitted vide Finance Act, 2003.
Tax Amicus: March 2020 · 2020-05-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2020 · The Indian commercial airline industry mostly takes aircrafts on lease from foreign vendors, where the lease agreement usually also covers engine, landing gear, auxiliary power unit and maintenance / replacement / refurbishment clauses. Recognising that the transaction is service and not for goods, Sl. No. 547A of Notification No. 50/2017-Cus.
Corporate Amicus: February 2020 · 2020-05-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2020 · The article in this issue of Corporate Amicus discusses issues related to recently introduced system of Convertible Notes (C-notes). C-Notes have been defined as an instrument of debt, which can be converted to equity or redeemed. The author believes that C-notes are similar to optionally convertible debenture (OCD) and fall under its definition under Section 2(30) of the Companies Act, and hence their issuance should mandatorily comply with Section 71 of the Companies Act read with Rule 18 of t
IPR Amicus: February 2020 · 2020-05-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2020 · By Vindhya S. Mani · Two co-ordinate Single Judge Benches of the Delhi High Court have recently arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits in relation to a pharmaceutical composition. Analysing the two decisions threadbare, the author states that the question as to what constitutes “Coverage” and “Disclosure” in the context of genus and species patent is still uncertain, and that the determination of th
Direct Tax Amicus: February 2020 · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2020 · Benami Transactions (Prohibition) Act, 1988 after the amendment in 2016 also provides for confiscation of benami properties besides criminalizing benami transactions. The Rajasthan High Court recently deliberated upon the question as to whether the consequences of the Amendment Act were retrospective in nature.
International Trade Amicus: February 2020 · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2020 · By Divyashree Suri  · Finance Bill, 2020 has proposed amendment to the provisions relating to Safeguard duty in order to expand the powers of the Central Government to implement a safeguard measure by the way of a tariff rate quota or any “other safeguard measure” it deems fit. The Tariff Rate Quota regime allows for imports to freely enter the country to fill the demand-supply gap which may exist in the country and on the other hand also protects the domestic industry and its market share by imposing a duty on impor
Tax Amicus: February 2020 · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2020 · The article in this issue of Tax Amicus elaborately discusses the recent Gujarat High Court decision in the case of Mohit Minerals Pvt. Ltd. v. UOI, where the Court has struck down the levy of GST on ocean freight in case of imports. Tracing the history of the dispute, the authors analyse the impact of the decision and discuss what the assessees may have to do. The authors opine that so long as the matter is not stayed by the Supreme Court, the decision of the High Court would be binding, howeve
Corporate Amicus: January 2020 · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2020 · The article in this 100th issue of LKS Corporate Amicus discusses at length the consequential effect of the implementation of Companies (Creation and Maintenance of databank of Independent Directors) Rules, 2019. As per the Rules, an online databank of persons eligible to be appointed as Independent Directors (ID) will be placed on the website of Indian Institute of Corporate Affairs and any ID whether already appointed or is proposed to be appointed must undergo the process of passing online pr
Corporate Amicus: Previous Editions · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-previous-editions · December 2012 Issue November 2012 Issue October 2012 Issue September 2012 Issue August 2012 Issue July 2012 Issue June 2012 Issue May 2012 Issue April 2012 Issue March 2012 Issue February 2012 Issue January 2012 Issue
IPR Amicus: January 2020 · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2020 · By Sudeshna Banerjee · The article in this 100th issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court on patentability of computer related inventions (CRIs). The High Court has reiterated the principle that if the invention demonstrates a “technical effect” or a “technical contribution”, it is patentable even though it is based on a computer program. The Court pointed out that the effect which the computer program produces is crucial in determining patentability.
IPR Amicus: Previous Editions · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-previous-editions · December 2012 Issue November 2012 Issue October 2012 Issue September 2012 Issue August 2012 Issue July 2012 Issue June 2012 Issue May 2012 Issue April 2012 Issue March 2012 Issue February 2012 Issue January 2012 Issue
Direct Tax Amicus: January 2020 · 2020-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2020 · By Bharathi Krishnaprasad · The article in this issue of Direct Tax Amicus intends to discuss few crucial aspects concerning claim of and computing deduction under Section 36(1)(viia) of the Income Tax Act. Until 2017, only specified categories of banks were permitted to claim deduction qua provision for bad and doubtful debts.
Competition Law: April 2020 · 2020-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/competition-law/competition-law-april-2020 · Discusses the antitrust risks businesses face during the COVID-19 pandemic, including pressure toward price coordination among competitors.
International Trade Amicus: January 2020 · 2020-03-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2020 · By Divyashree Suri  · Article 2.2 of the WTO’s Anti-dumping Agreement allows the investigating authority of a country to reject domestic prices of the exporting country for the purposes of calculating normal value if the domestic sales of the like product do not permit a proper comparison based on certain factors. The article in this issue of International Trade Amicus discusses at length the recent Panel report of the DSB in the dispute involving imposition of anti-dumping duty by Australia on A4 copy paper from Ind
Tax Amicus: January 2020 · 2020-03-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2020 · By Satya Sai, Ranadeep Voriganti · Cross-border supplies (import and export) of goods and services generally entail the presence of an intermediary. It involves provision of two independent supplies, i.e., one from the principal to the ultimate customer and another from the agent to the principal.
Direct Tax Amicus: December 2019 · 2019-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2019 · By Neha Sharma · The phrase ‘applied for charitable purposes in India’ under Section 11 of the Income Tax Act has been a subject matter of litigation in the recent past. Considering the position as it was prevalent prior to the amendment in the Income Tax Act, 1922 in 1953 (effective from 1-4-1952), period post amendment and after introduction of Income Tax Act, 1961, the author is of the view that it can be said that the mandate under Section 11(1)(a) is only to apply the income in India for charitable purposes
International Trade Amicus: December 2019 · 2019-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2019 · USA’s disinterest in appointing new members to the DSB Appellate Body, has ensured the reduction of the WTO Appellate Body to a single member body. The present article discusses the impact of absence of WTO’s Appellate Body on pending appeals and towards the efficacy of WTO. The author contemplates that the dispute settlement body will continue to work although in the absence of an appellate body, any appeal will render the panel process futile.
IPR Amicus: December 2019 · 2019-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2019 · The article in this issue of IPR Amicus attempts to provide few insights into the sufficiency of disclosure in a patent specification. The authors note that according to the Guidelines for Examination of Patent Applications in the field of pharmaceuticals issued by the Indian Patent Office, a complete specification must be sufficient to enable the whole width of the claimed invention to be carried out and also provide the best method of performing the invention, and that the sufficiency of discl
Tax Amicus: December 2019 · 2019-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2019 · By Akhilesh Kangsia, Sudeshna Banerjee · The recent judgement of the Supreme Court in ITC v. CCE, Kolkata has been quite unsettling for the assessees, as their refund claims are being rejected because of non-challenge to the assessment. However, this ruling is likely to pose an issue for the department as well. The Court has ruled that even the department needs to challenge the assessment by filing an appeal under Section 128 of the Customs Act, 1962 before coming to demand route under Section 28.
Corporate Amicus: December 2019 · 2019-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2019 · The article in this issue of Corporate Amicus explains the key features of the draft Consumer Protection (e-commerce) Rules 2019 proposed by Ministry of Consumer Affairs. The draft Rules, issued in the wake of the movement against deep discounts offered by e-commerce giants, propose to create liabilities on the e-commerce companies with respect to quality control of products offered, removal of counterfeits, and mandatory returns on non-match of products with their advertisements.
Tax Amicus: November 2019 · 2019-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2019 · By Astha Sinha · The CBIC has on 9th October 2019 notified yet another round of amendments to the CGST Rules which may have far reaching implications for the trade and industry both from the point of view of increased burden of compliances and financial hit that the companies may now be forced to take on account of blocked mis-matched input tax credits.
Direct Tax Amicus: November 2019 · 2019-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2019 · By Mahendra Singh · In international trade, Indian companies also avail carriage services provided by foreign shipping companies. The amount paid in lieu of shipping services to these foreign companies may be taxed if the income is accrued or received in India.
International Trade Amicus: November 2019 · 2019-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2019 · By Divyashree Suri  · WTO Panel has held that certain Indian export promotion schemes violate the provisions of the Agreement on Subsidies and Countervailing Measures.
Corporate Amicus: November 2019 · 2019-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2019 · The article in this issue of Corporate Amicus discusses the scope of new provision related to product liability introduced in the newly enacted Consumer Protection Act, 2019.
IPR Amicus: November 2019 · 2019-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2019 · Division Bench of the Delhi High Court recently held that once the patentee has filed its reply-statement, he is not required to provide any separate reasons for cross-examination of the witnesses whose affidavits are filed by the opponent in support of its post-grant opposition.
IPR Amicus: October 2019 · 2019-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2019 · By Malathi Lakshmikumaran · The Article in this issue of IPR Amicus discusses as to how Biological Diversity Rules of different States of India are not in tandem with the Biological Diversity Act 2002 (BDA) which was enacted by India in adherence to its ratification to Rio de Janeiro’s Convention on Biological Diversity.
Tax Amicus: October 2019 · 2019-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2019 · The article in this 100th issue of Tax Amicus attempts to analyse the question as to whether the investment income earned in the form of dividends arising on account of ownership of shares is to be taken into consideration for reversal of common input tax credit under Rules 42 and 43 of the Central Goods and Services Tax Rules, 2017.
Direct Tax Amicus: October 2019 · 2019-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2019 · Covers the ambiguity in claiming additional employment deductions under Section 80JJAA of the Income-tax Act.
International Trade Amicus: October 2019 · 2019-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2019 · Marks the 100th issue and covers India's concerns over the Regional Comprehensive Economic Partnership, plus trade remedy and WTO news.
Corporate Amicus: October 2019 · 2019-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2019 · The first article in this issue of Corporate Amicus elaborately discusses various features of the Draft Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Bill, 2019 which was recently released by the Ministry of Labour and Employment.
Direct Tax Amicus: September 2019 · 2019-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2019 · By Nupur Maheshwari · Covers the 'make available' condition for taxing Fees for Included Services under the India-US DTAA in short duration engagements.
Corporate Amicus: September 2019 · 2019-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2019 · Covers the article Preference Liquidation: Hit or Miss?, along with notifications, circulars and case law updates for the month.
IPR Amicus: September 2019 · 2019-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2019 · Covers a patent validity and infringement analysis in Communication Components Antenna Inc v. Ace Technologies Corp.
Tax Amicus: September 2019 · 2019-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2019 · By Divyashree Suri  · While the dispute on levy of piggy-back cesses such as education cesses, where duty payments were made by debit to the duty credit scrips such as DEPB scrips, is yet to settle down, the controversy has come back with a renewed vigor under the present MEIS duty credit regime and the Social Welfare Surcharge (SWS) levy.
International Trade Amicus: September 2019 · 2019-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2019 · By Divyashree Suri  · Covers the role of an adjustment plan in safeguard investigations under WTO rules, plus trade remedy and WTO news.
Corporate Amicus: August 2019 · 2019-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2019 · By L. Badri Narayanan · Covers SEBI's approval of shares with differential voting rights, compliance officers' duties under SEBI rules, and steps strengthening institutional arbitration in India.
IPR Amicus: August 2019 · 2019-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2019 · Covers a trademark passing off dispute over a film title release involving an Ayurvedic sexologist's family clinic name.
Direct Tax Amicus: August 2019 · 2019-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2019 · Covers the new Section 194N TDS on cash withdrawals exceeding Rs. 1 crore from banks, cooperative societies and post offices.
International Trade Amicus: August 2019 · 2019-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2019 · Covers whether Special Economic Zones qualify as domestic industry under India's trade remedial laws, plus trade remedy and WTO news.
Indirect Tax Amicus: August 2019 · 2019-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-august-2019 · By Astha Sinha, Jayesh Talreja, Chaitanya R. Bhatt · Covers GST implications of employer-employee HR policies and amendments to Section 12(8) of the IGST Act, plus GST, Customs and Excise developments.
IPR Amicus: July 2019 · 2019-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2019 · By Ankur Garg · Covers the mode of infringement of a cinematograph film in the MRF Limited v. Metro Tyres copyright dispute.
Direct Tax Amicus: July 2019 · 2019-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2019 · Covers tax incentives for affordable housing under Sections 80-IBA and 80EEA and the Income Tax law changes proposed in Budget 2019.
Indirect Tax Amicus: July 2019 · 2019-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-july-2019 · By Atul Gupta · Covers relief for real estate developers on GST timelines and coverage of redemption fine under the Sabka Vishwas scheme, plus GST, Customs and Excise developments.
Corporate Amicus: July 2019 · 2019-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2019 · Covers liquidation preference for investors in private companies and the key corporate sector changes proposed in Budget 2019.
International Trade Amicus: July 2019 · 2019-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2019 · Covers the anti-dumping duty dispute on rubber chemical imports and the Designated Authority's dilemma, plus trade remedy and WTO news.
International Trade Amicus: June 2019 · 2019-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2019 · Covers the continuing crisis facing the WTO's Appellate Body as it loses members, plus trade remedy and WTO news.
IPR Amicus: June 2019 · 2019-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2019 · Covers a Delhi High Court ruling on design protection for footwear straps and colour combinations in Relaxo Footwears v. Aqualite.
Corporate Amicus: June 2019 · 2019-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2019 · Covers recovery proceedings for pre-resolution plan debts against a corporate debtor, unstamped arbitration agreements, and class action suits under company law.
Indirect Tax Amicus: June 2019 · 2019-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-june-2019 · Covers the way forward for GST as it enters its third year and recourse against Appellate AAR orders, plus GST, Customs, Excise and VAT developments.
Direct Tax Amicus: June 2019 · 2019-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2019 · Covers whether arm's length pricing must be computed for depreciable capital assets purchased from an associated enterprise.
Corporate Amicus: May 2019 · 2019-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2019 · Covers the Supreme Court restating an arbitrator's power to grant interest and the issuance of shares carrying differential voting rights.
IPR Amicus: May 2019 · 2019-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2019 · By Vindhya S. Mani · Covers the Delhi High Court ruling that export is covered under the research exemption in Section 107A of the Patents Act.
Indirect Tax Amicus: May 2019 · 2019-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-may-2019 · Covers input tax credit reversal on sale of used capital goods under GST, plus developments in GST, Customs, Excise and VAT.
International Trade Amicus: May 2019 · 2019-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2019 · Covers the consequences of India's non-participation in US countervailing duty investigations, plus trade remedy and WTO news.
Direct Tax Amicus: May 2019 · 2019-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2019 · By Bharathi Krishnaprasad · Covers directors' liability under the Income-tax Act, including joint and several liability imposed by Section 179.
Indirect Tax Amicus: April 2019 · 2019-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-april-2019 · Covers the input tax credit implications of CSR expenses under GST, plus developments in GST, Customs, Excise and VAT.
International Trade Amicus: April 2019 · 2019-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2019 · Covers the WTO panel ruling on security exceptions in the Russia Traffic in Transit dispute, plus trade remedy and WTO news.
Direct Tax Amicus: April 2019 · 2019-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2019 · By Ravi Sawana · Covers prosecution under Section 276C of the Income-tax Act for wilful attempts to evade tax, penalty or interest.
Corporate Amicus: April 2019 · 2019-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2019 · Covers the Companies (Significant Beneficial Owners) Amendment Rules 2019 and the Supreme Court ruling upholding removal of the cap on maximum pensionable salary.
IPR Amicus: April 2019 · 2019-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2019 · Covers the Delhi High Court's dynamic injunction against rogue websites hosting pirated films in the UTV case.
Direct Tax Amicus: March 2019 · 2019-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2019 · By Mahendra Singh · Covers the Supreme Court's Vijay Industries ruling on whether deductions under Section 80HH are computed on gross or net profits.
International Trade Amicus: March 2019 · 2019-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2019 · Covers the US withdrawal of Generalised System of Preferences benefits for India, plus trade remedy and WTO news.
Indirect Tax Amicus: March 2019 · 2019-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-march-2019 · Covers breaking the GST credit chain for real estate and unified registration burdens on EOUs and DTA units, plus GST, Customs, Excise and VAT developments.
IPR Amicus: March 2019 · 2019-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2019 · Covers how effective a generic prefix is in trademark disputes, including recent online booking portal cases.
Corporate Amicus: March 2019 · 2019-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2019 · Covers the Banning of Unregulated Deposits Schemes Ordinance 2019, relief for disqualified directors, and directors' remuneration as employees under the ESI Act.
Direct Tax Amicus: February 2019 · 2019-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2019 · By Neha Sharma · Covers the tax deducted at source provisions applicable to winnings from online gaming under the Income-tax Act.
International Trade Amicus: February 2019 · 2019-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2019 · Covers a WTO jurisprudential analysis of material retardation in DGTR's recent trade remedy findings, plus trade remedy and WTO news.
Corporate Amicus: February 2019 · 2019-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2019 · Covers indemnity clauses in Share Purchase Agreements and how corporate insolvency resolution under the IBC runs independent of winding up under the Companies Act.
IPR Amicus: February 2019 · 2019-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2019 · Covers the grant of punitive damages in trademark infringement suits, including the Whatman International ruling.
Indirect Tax Amicus: February 2019 · 2019-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-february-2019 · By Rohan Muralidharan · Covers interest liability on unutilized input tax credit, revision of GST returns and forms, plus GST, Customs, Excise and VAT developments.
Direct Tax Amicus: January 2019 · 2019-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2019 · Covers whether a liaison office can constitute a permanent establishment under the India-US Double Taxation Avoidance Agreement.
IPR Amicus: January 2019 · 2019-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2019 · Covers the liabilities of an e-commerce intermediary in India following the Christian Louboutin v. Nakul Bajaj ruling.
Corporate Amicus: January 2019 · 2019-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2019 · Covers regulatory issues facing E-pharmacies in India and liquidated damages clauses in Share Purchase Agreements.
Indirect Tax Amicus: January 2019 · 2019-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-january-2019 · By Chaitanya R. Bhatt, Saurabh Malpani · Covers refund issues from inverted duty structure in exports, GST treatment of moulds and tools, plus GST, Customs, Excise and VAT developments.
International Trade Amicus: January 2019 · 2019-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2019 · Covers DGTR's new Manual of Operating Practices and Handbook of Operating Procedures for trade remedy investigations, plus trade remedy and WTO news.
Direct Tax Amicus: December 2018 · 2018-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2018 · Covers the capital gains tax implications of converting a company into a Limited Liability Partnership.
Indirect Tax Amicus: December 2018 · 2018-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-december-2018 · Covers the GST treatment of liaison offices in India, denial of input tax credit for missing e-way bills, plus GST, Customs and Excise developments.
IPR Amicus: December 2018 · 2018-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2018 · By Malathi Lakshmikumaran · Covers regularization of non-compliance with the Biological Diversity Act, 2002, and India's obligations under the Convention on Biological Diversity.
Corporate Amicus: December 2018 · 2018-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2018 · By Prashant Phillips · Covers the proposed regulatory regime for Over The Top communication services and amendments strengthening India's anti corruption law.
International Trade Amicus: December 2018 · 2018-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2018 · Covers duty margins for new shippers under Rule 22 of India's Anti-Dumping Rules in sampling based investigations, plus trade remedy and WTO news.
Direct Tax Amicus: November 2018 · 2018-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2018 · Covers privity of contract and locus with a source of income as a test for diversion of income by overriding title.
IPR Amicus: November 2018 · 2018-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2018 · Covers the scope of Section 3(i) of the Patents Act as it applies to diagnostic methods of treatment.
Corporate Amicus: November 2018 · 2018-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2018 · Covers the regulatory uncertainty around virtual currency in India amid continued RBI and government caution against its risks.
Indirect Tax Amicus: November 2018 · 2018-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-november-2018 · Covers open issues in reversing input tax credit on write offs under GST, plus developments in GST, Customs, Excise and VAT.
International Trade Amicus: November 2018 · 2018-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2018 · Covers the definition of a Safeguard Measure under WTO law through the Indonesia Iron or Steel Safeguards dispute, plus trade remedy and WTO news.
IPR Amicus: October 2018 · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2018 · By Sudeshna Banerjee, Ankur Garg · Covers issues around obtaining a foreign filing license for Indian residents seeking to file patent applications abroad.
Direct Tax Amicus: October 2018 · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2018 · By Nambirajan R. · Covers whether an amalgamation can be treated as action taken in concert purely for tax benefit, referencing Section 230 of the Companies Act, 2013.
Indirect Tax Amicus: October 2018 · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-october-2018 · Covers TDS issues under GST law, plus developments in GST, Customs, Central Excise and Service Tax, and VAT.
Corporate Amicus: October 2018 · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2018 · Covers the Supreme Court's ArcelorMittal ruling on Section 29A of the IBC, data fiduciary roles under the Personal Data Protection Bill 2018, and cross border insolvency.
International Trade Amicus: October 2018 · 2018-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2018 · Covers the appealability of negative final findings by India's Designated Authority in anti-dumping investigations, plus trade remedy and WTO news.
International Trade Amicus: July 2018 · 2018-09-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2018 · Panel report in Australia - Plain packaging: A &ldquo;Healthy&rdquo; verdict By Jayant Raghu Ram WTO recently circulated the panel report in the Plain Packaging complaints brought against Australia
Indirect Tax Amicus: September 2018 · 2018-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/indirect-tax-amicus-september-2018 · Covers preparing for GST audit and annual returns, plus developments in GST, Customs, Central Excise and Service Tax, and VAT.
International Trade Amicus: September 2018 · 2018-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2018 · Covers India's export subsidies under the WTO SCM Agreement amid the US trade dispute, plus trade remedy and WTO news.
Corporate Amicus: September 2018 · 2018-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2018 · Covers Section 29A of the IBC's impact on resolution applicants and whether pendency of objections to an arbitral award is a dispute under Section 9 of the IBC.
International Trade Amicus: June 2018 · 2018-08-29 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2018 · Delhi High Court has recently held that extensions of anti-dumping duty post expiry of the duty in force, whether it be one-year extension in the interim of sunset review or five-year extension in view of likelihood of recurrence or continuation of dumping and injury to the domestic industry pursuant to a sunset review determination, are both impermissible.
IPR Amicus: August 2018 · 2018-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2018 · Recently, Delhi High Court delivered a judgment in favour of Philips in the consolidated matters namely Koninklijke Philips Electronics N.V. vs. Rajesh Bansal & Ors.
International Trade Amicus: August 2018 · 2018-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2018 · Circumvention of anti-dumping duty is one of the foremost challenges for investigating authorities.
Corporate Amicus: August 2018 · 2018-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2018 · Ministry of Corporate Affairs has invited suggestions on draft version of chapter on Cross Border Insolvency proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016.
Direct Tax Amicus: August 2018 · 2018-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2018 · Section 92 of the Income-tax Act, 1961 provides that any income arising from an international transaction shall be computed, having regard to the arm’s length price.
Tax Amicus: August 2018 · 2018-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2018 · Due to multi-rate structure in India, taxpayers face a peculiar problem when the final product attracts lower GST while the inputs/input services are liable to tax at much higher rate.
International Trade Amicus: May 2018 · 2018-07-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2018 · By Ankur Sharma · According to the principle of bound tariffs, WTO member countries are bound not to impose import tariffs more than what they commit to the WTO membership, subject to certain conditions under which they can impose tariffs in excess to that bound by them.
Tax Amicus: July 2018 · 2018-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2018 · It has been more than a year since India made the historic transition from the traditional indirect taxation regime an all-new integrated indirect taxation regime i.e. Goods and Services Tax.
Direct Tax Amicus: July 2018 · 2018-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2018 · The Authority for Advance Rulings (Income Tax) in its recent ruling in the case of FRS Hotel Group has brought a question mark on the issue of operation and management contract for hotels.
Corporate Amicus: July 2018 · 2018-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2018 · SEBI has accepted the recommendations of the Kotak Committee proposing various amendments in SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.
IPR Amicus: July 2018 · 2018-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2018 · Delhi High Court recently granted interim injunction to the plaintiffs restraining the defendants from using the trade mark or the trade name ‘HM Megabrands’.
International Trade Amicus: March 2018 · 2018-06-25 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2018 · By Ankur Sharma · DGAD has recently introduced a questionnaire format for user industry in India. It is applicable if a user industry is not related to a producer/exporter of the product under consideration in the country under investigation.
International Trade Amicus: April 2018 · 2018-06-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2018 · The United States has instituted measures imposing high duties on all imports of steel and aluminium, justifying these measures on the basis of its national security requirements.
Direct Tax Amicus: June 2018 · 2018-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2018 · By Bharathi Krishnaprasad · The Central Government, in September 2016, introduced Income Computation and Disclosure Standards (shortly, ‘ICDS’), under the Income tax law, that would govern computation of income of an assessee under the head ‘profits or gains from business or profession’ and ‘income from other sources’ necessitated a taxpayer to take a fresh look at certain issues which were accepted as settled.
Tax Amicus: June 2018 · 2018-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2018 · CBIC has recently clarified certain issues involving job work including the issue relating to tax implications on free of cost (FOC) supplies of moulds and the need for reversal of input tax credit (ITC) in such cases.
Corporate Amicus: June 2018 · 2018-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2018 · Specific Relief (Amendment) Bill, 2018 introduces a new concept of “substituted performance” by proposing to amend certain provisions of the Specific Relief Act, 1963.
IPR Amicus: June 2018 · 2018-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2018 · Last month Delhi High Court held that use of a single colour as against a combination of colours does not qualify as a ‘mark’ under Section 2(1)(m) and as a ‘trademark’ under Section 2(1)(zb) of the Trademark Act.
Corporate Amicus: May 2018 · 2018-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2018 · Specific Reliefs (Amendment) Bill, 2017 proposing to amend several provisions of the Specific Reliefs Act, 1963 has been passed by the Lok Sabha.
Tax Amicus: May 2018 · 2018-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2018 · Advance Rulings under GST – Certain questions of law By Dr. G. Gokul Kishore GST made its entry in July, 2017. To facilitate trade on issues relating to liability or credit or cla
Direct Tax Amicus: May 2018 · 2018-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2018 · Finance Act, 2017 amended the Income-tax Act, 1961 (‘IT Act’) to provide that the annual value of building or land appurtenant thereto which is held by the assessee as stock-in trade will be deemed to be Nil for a period of one year from the end of the financial year in which the certificate of completion is obtained in respect of such property.
International Trade Amicus: February 2018 · 2018-04-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2018 · Three types of reviews are contemplated under the WTO Anti-dumping Agreement and the Indian Anti-dumping Rules, 1995.
Direct Tax Amicus: April 2018 · 2018-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2018 · Under OECD Model Tax Convention income from professional services was taxed in terms of Article 14 titled ‘Independent Personal Services’ However, Article 14 was deleted from the OECD MTC with effect from 29th April 2000 and the taxation of income from professional services was brought at par with taxation of business profits as provided in Article 7 of OECD MTC.
IPR Amicus: April 2018 · 2018-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2018 · Section 124 of the Trademarks Act, 1999 (the Act) provides for a possibility of stay of a trademark infringement suit in case there is a challenge to the registered trademark which is the subject matter of the suit.
Corporate Amicus: April 2018 · 2018-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2018 · The cryptocurrencies or virtual currencies can be defined as a type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.
Tax Amicus: April 2018 · 2018-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2018 · Job workers use moulds and dies provided to them by their principals. Whether amortised value of such moulds should be included by job workers in the job charges for discharging GST? The authors have attempted to answer this question in the light of recent clarification by the department.
International Trade Amicus: January 2018 · 2018-03-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2018 · Delhi High Court has recently answered in affirmative the question as to whether the Designated Authority must be satisfied that prima facie some case is made out before initiating the sunset review.
Corporate Amicus: March 2018 · 2018-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2018 · The Companies (Amendment) Act, 2017 was notified on January 3, 2018.
IPR Amicus: March 2018 · 2018-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2018 · The Division Bench of Madras High Court has reversed the findings of the Single Judge and set aside the interim injunction order after holding that there cannot be any copyright in the title of the cinematograph film or any other copyrightable subject matter.
Tax Amicus: March 2018 · 2018-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2018 · It is important to decide whether supplies are to be treated as intra-State supplies or inter-State supplies for payment of correct type of tax.
Direct Tax Amicus: March 2018 · 2018-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2018 · The issue of liability to deduct tax at source on reimbursement of expenditure can be traced to the difference in claim of the taxpayer and taxman.
Corporate Amicus: February 2018 · 2018-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2018 · It has been almost two years since the Insolvency and Bankruptcy Code came into effect. Some significant amendments have recently been made to the Code based on inputs received from various market participants.
IPR Amicus: February 2018 · 2018-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2018 · A Single Judge of the Delhi High Court on January 8, 2018 has held that unless a design is not significantly distinguishable from the known designs or combination of designs, then such a design is not entitled to registration.
Tax Amicus: February 2018 · 2018-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2018 · Amendments in the Legal Metrology (Packaged Commodities) Rules, 2011 which govern the pre-packed commodities, have come into effect from 1-1-2018.
Direct Tax Amicus: February 2018 · 2018-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2018 · By Nambirajan R. · The liberal interpretation of the term ‘income’ and ‘business’ has not been wide enough to bring into the tax net certain receipts like compensation on termination of managing agency, profit from transfer of DEPB scrip, non-compete fee, etc.,
Direct Tax Amicus: January 2018 · 2018-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2018 · By Balaji Sai Krishnan · The income chargeable under the head ‘salaries’ is one of the heads of incomes which covers exhaustively, ‘payments’ made between persons in the capacity of employer and employee.
Corporate Amicus: January 2018 · 2018-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2018 · Aiming greater transparency on sale of packaged commodity online By Rohit Subramanian Legal Metrology (Packaged Commodities) Rules, 2011 have been recently amended to introduce substantive changes to bring e
IPR Amicus: January 2018 · 2018-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2018 · Madras High Court has recently held that “dubbing” of a cinematograph film does not constitute translation and instead falls within the ambit of the expression ‘communication to the public’.
Tax Amicus: January 2018 · 2018-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2018 · By Krithika Jaganathan · Parties to contract generally incorporate their expectation in terms of damage caused by failure of either party to perform its obligations completely or as per the agreed terms.
International Trade Amicus: October 2017 · 2017-12-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2017 · In today’s business environment, it is a common practice for manufacturing companies to have extended trading arms (whether related or unrelated) which may be established in different countries for managing the export business.
Corporate Amicus: December 2017 · 2017-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2017 · By L. Badri Narayanan · Recent Ordinances issued by the Government of Telangana, amending certain provisions of the Telangana State Gaming Act, 1974, have dealt a bad hand to the players and organisers of Online Rummy, resulting in their casting away their cards abruptly.
International Trade Amicus: December 2017 · 2017-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2017 · By Ankur Sharma · The Supreme Court of India recently held that Ministry of Finance is required to issue the notification extending anti-dumping duty before expiry of the five-year levy, and that duty that has already lapsed cannot be extended by another notification at a later date.
Direct Tax Amicus: December 2017 · 2017-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2017 · By Nambirajan R. · ITAT Delhi has held that ‘guarantee fee’ will not qualify as interest under the India-UK DTAA or the Income Tax Act, 1961, since it can relate only to payment by a person who has received some amount pursuant to a loan transaction.
Tax Amicus: December 2017 · 2017-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2017 · Vouchers are instruments which are redeemable on its face value against supply of goods or services. Though legislature has sought to tax vouchers under the GST regime, there are unresolved problems which may lead to controversy in the near future.
IPR Amicus: December 2017 · 2017-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2017 · By Prosenjit Chattopadhyay · Section 3(h) of the Patents Act, 1970 mandates “a method of agriculture or horticulture” as non-patentable subject matter.
Corporate Amicus: November 2017 · 2017-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2017 · Foreign Direct Investment upto 100 percent is allowed in single brand retail trade sector.
International Trade Amicus: November 2017 · 2017-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2017 · The next Ministerial Conference of Members of the Word Trade Organization is scheduled to be held in Buenos Aires on 10-13 December 2017.
Direct Tax Amicus: November 2017 · 2017-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2017 · RFinance Act 2006 inserted Explanation 1 to Section 40(a)(ii) of the Income Tax Act clarifying that any sum payable outside India and eligible for relief of tax under Section 90 or deduction from the income tax payable under section 91 is not allowable as a deduction under section 40 of the Income Tax Act.
IPR Amicus: November 2017 · 2017-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2017 · By Aruna Verma · Amendments of patent applications may involve amending any portion of either the complete specification, or any information pertaining to such patent application.
Tax Amicus: November 2017 · 2017-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2017 · Section 54(3) of the Central Goods and Services Tax Act, 2017 (‘the CGST Act’), provides for refund of any unutilised input tax credit (ITC) in two scenarios.
International Trade Amicus: August 2017 · 2017-10-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2017 · Cold rolled flat products of stainless steel of width above 1250mm were being imported into India and thereafter were slit into flat sheets of lesser width, to avoid anti-dumping duty.
Direct Tax Amicus: October 2017 · 2017-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2017 · By Balaji Sai Krishnan, Bharathi Krishnaprasad · Recently, the European Court of Justice (‘ECJ’), exercising arbitration procedure under Article 273 of the Treaty on the Functioning of the European Union (‘TFEU’) interpreted the term ‘debt-claims with participation in profit’ appearing in Article 11(2) of the Austro-German Double Tax Avoidance Agreement (‘DTAA’).
Tax Amicus: October 2017 · 2017-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2017 · By R. Sahana, Nitum Jain · GST law whether clearly indicates the person who is obliged to pay tax in a transaction involving services provided by a shipping line located outside India to an exporter located outside India for the purpose of transporting goods to an importer located in India?
IPR Amicus: October 2017 · 2017-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2017 · By Malathi Lakshmikumaran · US Food and Drug Administration (FDA) and Oncologic Drugs Advisory Committee (ODAC) have unanimously approved CTL019 (tisagenlecleucel) or Kymriah®, an investigational chimeric antigen receptor T cell (CAR-T) therapy.
Corporate Amicus: October 2017 · 2017-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2017 · By L. Badri Narayanan · The Apex Court has recently passed a judgment, for the first time, interpreting the scheme of IBC along with certain key provisions, that goes on to establish the efficacy of IBC while upholding the reasons for which the said law was introduced.
International Trade Amicus: July 2017 · 2017-09-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2017 · Article 19.1 of the WTO’s Dispute Settlement Understanding obliges the Member to amend or withdraw the duty, found to be inconsistent with any agreement.
International Trade Amicus: June 2017 · 2017-09-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2017 · India and the European Union have been negotiating a bilateral free trade agreement known as the Broad-based Trade and Investment Agreement (BTIA) since 2007, with the last round happening in 2013.
IPR Amicus: September2017 · 2017-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september2017 · By Aruna Verma · IP law provides means by which the IP rights may be effectively enforced against infringement. However, the law also has provisions to prevent any person, especially right-owners, from making indiscriminate threats of infringement proceedings against others.
Corporate Amicus: September 2017 · 2017-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2017 · Considering the pressing need to replace the labour law related legislations with laws which reflect India’s real story today, the government in its annual budget presentation this year announced merging of 44 labour laws into 4 codes on (i) wages; (ii) industrial relations; (iii) social security and welfare; and (iv) safety and working conditions.
Tax Amicus: September 2017 · 2017-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2017 · Other than filing of GST Returns, issue relating to appropriate classification of goods and services and their tax rates is one of the many burning issues which require immediate action.
Direct Tax Amicus: September 2017 · 2017-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2017 · Valuation of inventory is not supposed to give rise to any income and therefore the same should be at lower of cost or market value.
IPR Amicus: August 2017 · 2017-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2017 · By Prosenjit Chattopadhyay, Archana Viswanathan · Recently the Indian Patent Office refused to grant a patent to the Regents of University of California, for Enzalutamide on the ground that the invention lacked inventive step and was not patent eligible under Sections 3(d) and 3(e) of the Indian Patents Act.
Corporate Amicus: August 2017 · 2017-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2017 · The complexity surrounding transactions in mergers and acquisitions can never be under-estimated. Such transactions undergo a prodigious milieu, which involves discussions, proposals, negotiations and most importantly, regulatory approvals.
Tax Amicus: August 2017 · 2017-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2017 · The Legislature has retained the concept of ‘bundled services’ under the erstwhile Service Tax regime as ‘composite supply’ and has further broadened its scope to include supply of goods as well under the new GST regime.
Direct Tax Amicus: August 2017 · 2017-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2017 · The Mumbai Bench of the Income Tax Appellate Tribunal had occasion to examine the India-Singapore DTAA in a recent judgment.
Tax Amicus: July 2017 · 2017-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2017 · According to the GST laws, any assessee can seek clarification on specific matters or questions relating to the supply of goods or services or both from the AAR.
Direct Tax Amicus: July 2017 · 2017-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2017 · Residential status of a company was historically being determined under the Income-Tax Act based on the test of ‘control and management’ being situated in India, during the ‘whole’ of any previous year.
Corporate Amicus: July 2017 · 2017-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2017 · Various benches of NCLT have been pronouncing conflicting orders giving rise to inconsistency in interpretation of Insolvency and Bankruptcy Code (IBC) provisions.
IPR Amicus: July 2017 · 2017-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2017 · By Prashant Phillips · The Patent Office has released another revised version of guidelines for examination of Computer Related Inventions (CRIs).
International Trade Amicus: April 2017 · 2017-06-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2017 · Among the plethora of trade related issues that may arise on the first day of Brexit, an important issue is that of the continuation of existing trade remedy measures by the EU.
International Trade Amicus: May 2017 · 2017-06-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2017 · By Ankur Sharma · A key feature of anti-dumping investigations is the protection available to commercially sensitive information that interested parties provide to an investigating authority, with the idea that such sensitive information should remain in the safe hands of the authority.
IPR Amicus: June 2017 · 2017-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2017 · One of the defences available to a defendant in a patent infringement suit for avoiding damages, is that he/she was unaware of the existence of the patent(s) alleged to be infringed.
Corporate Amicus: June 2017 · 2017-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2017 · Public offer in relation to acquisition of shares and takeover of public companies in India is governed by a self-contained code enshrined in the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.
Direct Tax Amicus: June 2017 · 2017-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2017 · Pharmaceutical companies incur huge expenses in launching and promoting their products by way of gifts to medical professionals, holding conferences and distribution of promotional material.
Tax Amicus: June 2017 · 2017-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2017 · India is on the verge of ushering in a tax revolution with GST marking its entry in the Indian economic and political horizon.
International Trade Amicus: March 2017 · 2017-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2017 · Recent Panel Report in Canada–Welded Pipe has reinforced the disciplines for applying “facts available” standard under the WTO Anti-dumping Agreement and has clarified the extent of analysis expected from investigating authorities while applying the standard.
Direct Tax Amicus: March 2017 · 2017-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2017 · Finance Bill, 2017 proposed a number of changes like thin capitalization rules, secondary adjustments, changes in domestic transfer pricing provisions, taxation of dividend in excess of Rs. 10 lakhs in a year and so on.
Tax Amicus: May 2017 · 2017-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2017 · Article GST liability on transfer/disposal of assets in lieu of tax liability: European Union&rsquo;s Court of Justice has recently held that transfer of tangible property to the State Treasury in settlement of arrears of taxes is a transa
Direct Tax Amicus: May 2017 · 2017-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2017 · In 2012 the majority view of a Special Bench of the Income Tax Appellate Tribunal had given a conclusion that disallowance under Section 40(a)(ia) can be made only to the amounts of expenditure which are payable as on the date 31st March of every year and it cannot be invoked to disallow expenditure which has been actually paid during the previous year, without deduction of TDS.
Corporate Amicus: May 2017 · 2017-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2017 · With the announcement of phase-wise abolition of Foreign Investment Promotion Board (FIPB), and of further liberalization of the FDI policy, it is almost certain that a greater role would be given to the Reserve Bank of India or to the concerned Ministries.
IPR Amicus: May 2017 · 2017-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2017 · High Court of Delhi has opined that the drawing cannot simpliciter be termed as a mechanical device to get the benefit of being excluded from Section 2(d) of the Designs Act.
International Trade Amicus: February 2017 · 2017-04-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2017 · With only two more ratifications pending, India’s Category A commitments submitted to the WTO at time of ratification of the Trade Facilitation Agreement, last year, would shortly become binding and enforceable.
Direct Tax Amicus: February 2017 · 2017-04-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2017 · Unless the party has performed or is willing to perform its obligations under the contract, and in the same sequence in which these are to be performed, it cannot be said that the provisions of Section 53A of the Transfer of Property Act will come into play on the facts of that case.
Corporate Amicus: April 2017 · 2017-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2017 · By Noorul Hassan · Answering the question as to whether a person who is unable to demonstrate having an ‘interest’ in the affairs of a company, is entitled to obtain copies of such company’s statutory registers, NCLT has recently held that the term ‘any other person’ in relation to a company should include any person who has a business interest in such company, such as a creditor, investor, banker, customer, etc.
Direct Tax Amicus: April 2017 · 2017-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2017 · Taxes are mandatory and necessary. Opinion, however, has been divided on the issue as to whether taxes are avoidable.
IPR Amicus: April 2017 · 2017-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2017 · Indian Courts have predominantly applied the test, termed as the ‘Classical Trinity factors’ as set out in the landmark House of Lords decision in Reckitt & Colman Products Ltd v Borden Inc.
Tax Amicus: April 2017 · 2017-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2017 · By Krithika Jaganathan · The concept of way bill and the requirement for every consignment to be accompanied by a way bill has been retained under the GST regime, albeit electronically.
Direct Tax Amicus: January 2017 · 2017-03-06 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2017 · Income of non-resident shipping entities posed many challenges and to ease the same Section 44B was enacted.
IPR Amicus: March 2017 · 2017-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2017 · Article in this issue of IPR Amicus discusses a recent decision of the Delhi High Court involving liability of an intermediary in a design infringement case.
Corporate Amicus: March 2017 · 2017-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2017 · Companies Act, 2013 has been amended by Insolvency and Bankruptcy Code, 2016. The amendment now defines the term “winding up” as “winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016.”
Tax Amicus: March 2017 · 2017-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2017 · India’s decade long wait for a national tax on supply of goods and services that will create one of the world’s biggest single market could be almost over by July 1.
IPR Amicus: February 2017 · 2017-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2017 · Article in this issue of IPR Amicus discusses a recent decision of the Delhi High Court granting permanent injunction in a dispute involving use of mark similar to that of Mother Dairy.
Corporate Amicus: February 2017 · 2017-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2017 · Slump sale is a commonly used method of business acquisition and in order to give effect to the transaction, the parties typically enter into a Business Transfer Agreement (BTA).
Tax Amicus: February 2017 · 2017-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2017 · GST implementation is likely to be the biggest change in Indian tax history, and hence it becomes vital for every business to gear itself for smooth transition from the existing regime to GST regime.
International Trade Amicus: January 2017 · 2017-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2017 · WTO’s Appellate Body report in the dispute European Union - Anti-Dumping Measures on Biodiesel from Argentina (DS 473) is the topic for discussion in the article covered in this issue of International Trade Amicus.
IPR Amicus: January 2017 · 2017-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2017 · Trans-border reputation as the name suggests means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor is the trade mark registered.
Tax Amicus: January 2017 · 2017-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2017 · One of the perennial issues in taxation of goods is the determination of the nature of transaction as inter-State sale subject to Central Sales Tax or local sale subject to VAT.
Corporate Amicus: January 2017 · 2017-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2017 · Benami Transactions (Prohibition) Amendment Act, 2016 covers comprehensively all aspects of transactions or arrangements where the source of funding for acquisition of a benami property has no permissible links to the ownership structure.
International Trade Amicus: October 2016 · 2016-12-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2016 · Law as enshrined in Article 2.4.2 of the Agreement on Implementation of Article VI of GATT 1994 permits use of an alternative methodology for computation of the dumping margin if there is targeted dumping.
Direct Tax Amicus: October 2016 · 2016-12-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2016 · By Bharathi Krishnaprasad · Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an organisation by granting them the right to benefit from any appreciation in the value of the common stock (shares) of a corporation.
International Trade Amicus: December 2016 · 2016-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2016 · Specific provisions of Section 15 of the Protocol of Accession of China to the WTO expired on 11th December, 2016.
Tax Amicus: December 2016 · 2016-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2016 · The revised Model GST Law proposes to bring price control mechanism to ensure that input tax credits availed by a registered taxable person or the reduction in the price on account of any reduction in the tax rate under GST, have actually resulted in commensurate reduction in the price of the goods or services.
IPR Amicus: December 2016 · 2016-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2016 · By Sudeshna Banerjee · Article Secrecy directions in designs - Most of us are familiar with provisions in Patents Law related to secrecy directions on inventions relevant for defence purposes and the security of India. The
Direct Tax Amicus: December 2016 · 2016-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2016 · The similarity between customs valuation and transfer pricing methodologies is that the objective of both is to establish whether or not the price at which the transaction has been entered into has been influenced by the relationship between the parties entering into the transaction.
Corporate Amicus: December 2016 · 2016-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2016 · Recent Bombay High Court judgement has sparked a debate on the issue of stamp duty payable on the order sanctioning the scheme of amalgamation where the transferor and transferee companies have registered offices in two different States in India.
International Trade Amicus: September 2016 · 2016-11-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2016 · Article 9 of the WTO Anti-Dumping Agreement provides for the possibility to limit the amount of duty that can be applied to remedy dumping.
International Trade Amicus: August 2016 · 2016-11-07 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2016 · The Indian authorities have recently recommended discontinuation of anti-dumping duty in respect of two products, finding absence of causal link.
IPR Amicus: November 2016 · 2016-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2016 · In a recent judgement, the Karnataka High Court indirectly applied the doctrine of lifting of corporate veil in the field of trademark law.
Corporate Amicus: November 2016 · 2016-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2016 · Taking cognizance of instances where promoters, directors and key managerial personnel (Senior Management) of certain listed entities received rewards from private equity investors, SEBI has issued a Consultative Paper on “Corporate Governance Issues in Compensation Agreements” for public comments.
International Trade Amicus: November 2016 · 2016-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2016 · Article VI:5 of GATT prevents a situation of double remedy/compensation for the “same situation” of “dumping” or “export subsidization” in relation to concurrent Anti-dumping and Countervailing duty investigations.
Direct Tax Amicus: November 2016 · 2016-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2016 · A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.
Tax Amicus: November 2016 · 2016-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2016 · It is said that in GST, the cascading effect of taxes would be removed with a continuous chain of set-off from the original producer’s or service provider’s point upto the retailer’s level.
IPR Amicus: October 2016 · 2016-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2016 · The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours.
Tax Amicus: October 2016 · 2016-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2016 · Article GST &ndash; A look at certain grey areas in transition provisions Date of implementation of Goods &amp; Services Tax (GST) is now certain, however, there are several grey areas in transition provisions as contained in the Model Law
International Trade Amicus: July 2016 · 2016-09-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2016 · United Kingdom has decided by referendum to leave the European Union and once it officially pulls out, UK will have to establish its own tariffs and trade relations with the EU and third countries such as India.
IPR Amicus: September 2016 · 2016-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2016 · By Ravi Raghavan · Article in this issue of IPR Amicus deals with statutory licensing of copyrights under the Copyright (Amendment) Act, 2012.
Corporate Amicus: September 2016 · 2016-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2016 · By Ravi Raghavan · While E-commerce has touched all forms of business transactions at present, E-wallets or mobile wallets are slowly taking over the traditional system of payments.
Tax Amicus: September 2016 · 2016-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2016 · India is on the expressway in implementing the biggest reform ever in its indirect tax system and the tax administration on its part is releasing draft rules and forms almost daily.
Direct Tax Amicus: September 2016 · 2016-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2016 · While the requirement of compliance with transfer pricing regulations by all the AEs involved in a transaction has been a subject matter of intense debate and practically, many foreign AEs do not comply with TP regulations in India, a recent ruling of a Special Bench of ITAT, Kolkata emphasises the requirement of compliance with Indian TP regulations by non-residents even where they do not receive any income because of their relationship with Indian AE.
Direct Tax Amicus: August 2016 · 2016-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2016 · Delhi High Court in a recent decision has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordinary items of income.
IPR Amicus: August 2016 · 2016-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2016 · Article in this issue of Amicus seeks to explore and understand the evolving nexus between the Biological Diversity Act, 2002 and the Patents Act, 1970.
Tax Amicus: August 2016 · 2016-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2016 · India is now set to introduce its biggest indirect taxes reform by launching the Goods and Services Tax (GST) regime.
Corporate Amicus: August 2016 · 2016-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2016 · Real Estate (Regulation and Development) Act, 2016 has been promulgated with the objective of establishing institutional infrastructure to ensure that the real estate sector functions in an efficient and transparent manner and consumer interests are protected.
International Trade Amicus: June 2016 · 2016-07-26 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2016 · Market economy status for China, in the backdrop of ongoing crisis in the steel industry, is the topic of discussion in the Article in this issue.
International Trade Amicus: May 2016 · 2016-07-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2016 · Recent WTO discussions have centered on the question of China’s entitlement to Market Economy Status (MES) post 11th December, 2016.
Direct Tax Amicus: July 2016 · 2016-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2016 · Recently, the Central Board of Direct Taxes notified the rules for granting of Foreign Tax Credit (FTC) to resident taxpayers on income earned in foreign jurisdiction.
IPR Amicus: July 2016 · 2016-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2016 · Examination of computer-related inventions (CRIs) by the Indian Patent Office is perceived to be ambiguous. However, certain recent decisions of the Controller highlight the emerging consistency in examination of CRIs.
Corporate Amicus: July 2016 · 2016-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2016 · Banking Laws (Amendment) Act, 2012, introduced Exception 3 to Section 28 of Indian Contract Act, 1872 as a saving clause for a guarantee agreement of a bank or a financial institution.
Tax Amicus: July 2016 · 2016-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2016 · Model law on GST contains certain indicative provisions relating to credit or Input Tax Credit (ITC). Though one has to wait for the final version and finer details including draft ITC Rules, article in this issue of Amicus attempts to take a broad look at the emerging scenario on ITC.
International Trade Amicus: April 2016 · 2016-06-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2016 · United States maintains a licensing mechanism known as the Steel Import Monitoring and Analysis (SIMA) System, according to which any business importing steel mill products covered under the licensing program is required to procure a license.
Direct Tax Amicus: April 2016 · 2016-06-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2016 · Last year, the Indian Government introduced a voluntary declaration of undisclosed foreign income and assets for resident taxpayers under the Black Money Act which met with limited success.
Direct Tax Amicus: June 2016 · 2016-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2016 · While Section 9(1) (ii) creates a deeming fiction on what could be an accrual or deemed accrual in respect of salary received/receivable by a non- resident, there is no clear explanation in the Act with respect to amounts/income which has been received or deemed to have been received.
Corporate Amicus: June 2016 · 2016-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2016 · Under Power Purchase Agreements (PPAs) while quoting the capacity charge and the energy charge, bidders have to also indicate their escalable/ variable component and non-escalable /fixed component.
Tax Amicus: June 2016 · 2016-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2016 · India is now poised to launch the next generation reform on the indirect tax front and this momentous change is being heralded as GST.
IPR Amicus: June 2016 · 2016-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2016 · Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country outside India.
Direct Tax Amicus: March 2016 · 2016-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2016 · With the Finance Bill 2016, the penalty regime in income-tax law is proposed to undergo a major overhaul.
International Trade Amicus: March 2016 · 2016-05-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2016 · Disclosure of information by the Designated Authority in an anti-dumping investigation is regulated to a large extent by Rule 6(7) as well as Rule 7 of the Anti-dumping Rules.
Tax Amicus: May 2016 · 2016-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2016 · Assessees under Central Excise ordinarily discharge duty on the goods cleared by them on the basis of invoices raised indicating the value of these goods as on the date of the clearance of these goods.
Direct Tax Amicus: May 2016 · 2016-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2016 · India entered into The Double Taxation Avoidance Agreement (‘DTAA’) with Mauritius on 24th August, 1982.
IPR Amicus: May 2016 · 2016-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2016 · By Ankur Garg, Sudeshna Banerjee · The modified guidelines for examination of Computer Related Invention CRIs provide a three-stage test for determining whether a claim falls within the exclusions of Section 3(k) of the Patents Act, 1970.
Corporate Amicus: May 2016 · 2016-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2016 · Larger Bench of the Bombay High Court has held that stamp duty is payable on a High Court Order sanctioning a scheme of merger/reconstruction, as an instrument of conveyance.
International Trade Amicus: February 2016 · 2016-04-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2016 · Since 2001 when China joined the WTO, it has been treated as a non-market economy country. Because of the non-market economy treatment, in most anti-dumping investigations, China’s domestic cost and selling price are not considered by the investigating authorities.
Direct Tax Amicus: February 2016 · 2016-04-05 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2016 · With the developed economies feeling the brunt of losing tax revenues due to tax planning, provisions relating to Transfer Pricing were introduced to ensure economic value add in every jurisdiction is adequately compensated.
International Trade Amicus: January 2016 · 2016-04-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2016 · By Atul Gupta · The need for determination of the domestic industry comes at the stage of initiation of an investigation.
Direct Tax Amicus: January 2016 · 2016-04-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2016 · CBDT recently notified a draft of guiding principles for determination of PoEM of a company. PoEM has been defined to be a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole are, in substance, made.
Tax Amicus: April 2016 · 2016-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2016 · 'Ease of doing business' is the buzz-word today and with India going ahead with the WTO’s Trade Facilitation Agreement, conditions for doing business in India are bound to improve.
Corporate Amicus: April 2016 · 2016-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2016 · 'Control' is a term of wide connotation and, by its very nature, is not amenable to any precise standard definition of general application.
IPR Amicus: April 2016 · 2016-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2016 · The legal protection to an invention is based on the claims of the granted patent. A process patent has claims directed towards a method/ process of manufacture of the product.
Corporate Amicus: March 2016 · 2016-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2016 · Law relating to the establishment of Commercial Courts, Commercial Division and Commercial Appellate Divisions has recently been enacted.
IPR Amicus: March 2016 · 2016-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2016 · By Kundan Kumar · Can proceedings for rectification before the Intellectual Property Appellate Board be initiated without the permission of the Court trying the infringement suit? The Delhi High Court recently held that prior permission of the Court is not necessary.
Tax Amicus: March 2016 · 2016-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2016 · Examining some of the important changes brought about as part of Budget, 2016 by the Finance Bill, 2016, the article discusses at length some of the changes proposed in Rule 6 of the Cenvat Credit Rules
Tax Amicus: February 2016 · 2016-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2016 · Since the age old excise concepts like those on taxable event of ‘manufacture’ continue to evolve even today, the article in this issue attempts to highlight the concept or test of manufacture in the light of recent key decisions of the Supreme Court and seeks to give an overview of the possible outcomes.
Corporate Amicus: February 2016 · 2016-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2016 · Globally, alternative dispute resolution is slowly, but steadily becoming the preferred mode for settling disputes.
IPR Amicus: February 2016 · 2016-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2016 · Patents are not just instruments of private commercial utilisation but also have an impact on public policy.
IPR Amicus: January 2016 · 2016-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2016 · A plaintiff would be entitled to rely on the grant of a patent as prima facie proof of validity, but the defendant would only be required to demonstrate (through scientific literature, expert evidence, etc.)
Tax Amicus: January 2016 · 2016-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2016 · Determination of ‘place of removal’ for the purpose of inclusion of freight and insurance charges in assessable value, under Central Excise Law is one issue which keeps evolving and at the same time baffles not just the assessee but also the Department, Tribunal and Courts.
Corporate Amicus: January 2016 · 2016-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2016 · Agricultural land in the rural areas and real estate in cities have always been a stable rock for economies and investors since time immemorial across the world.
Corporate Amicus: December 2015 · 2015-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2015 · The first article on “Resolving disputes the ‘Ordinance’ way” in Corporate Amicus, December 2015 issue discusses Arbitration and Conciliation (Amendment) Ordinance, 2015.
Direct Tax Amicus: December 2015 · 2015-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2015 · Direct Tax Amicus for the month of December 2015 covers article titled ‘Situs of IP for taxing rights’. According to the author, States that want to extend their taxing power on IP holding companies should first have some understanding of the nature of IP rights.
Tax Amicus: December 2015 · 2015-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2015 · By Yogendra Aldak, Rajesh Ostwal · December 2015 issue of Tax Amicus brings to readers two articles. While the first talks about various issues in the recently notified Swachh Bharat Cess, the second article is on interest liability in case where duty is paid before finalisation of provisional assessment.
IPR Amicus: December 2015 · 2015-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2015 · IPR Amicus of December 2015 covers an article on Divisional Applications for patents. It is opined that there is no settled jurisprudence that a divisional application can be filed only based on the invention claimed in the parent application.
International Trade Amicus: December 2015 · 2015-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2015 · Article in this December 2015 issue of the International Trade Amicus discusses Countervailing duty laws in India.
International Trade Amicus: September 2015 · 2015-11-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2015 · By Nambirajan R. · An article discussing some of the important changes made by the American Trade Enforcement Effectiveness Act to relax USA’s trade remedy law in favour of its domestic industry is covered under Article Section of this issue of International Trade Amicus. This article pertains to some of th
Direct Tax Amicus: September 2015 · 2015-11-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2015 · Direct Tax Amicus of September 2015 issue covers an article pertaining the analysis of consortium model and how it has now gained popularity, whereby companies usually collaborate and jointly bid for government projects. Notification &amp; Circular portion of Direct Tax Am
International Trade Amicus: August 2015 · 2015-11-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2015 · By Atul Gupta · August 2015 issue of International Trade Amicus covers an article titled ‘Transparency and Confidentiality in AD Investigation’. In this article, the author discusses about the basic requirements in an anti-dumping duty investigation to establish the volume and value of the imports (of t
Direct Tax Amicus: August 2015 · 2015-11-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2015 · By Balaji Sai Krishnan · The August, 2015 issue of Direct Tax Amicus features an article titled ‘Jurisprudence of International Tax Law’. In this article the author discusses how the Inter-Nation Equity concept has played a pivotal role in the development of international tax law as it stands today. According to
International Trade Amicus: November 2015 · 2015-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2015 · By Atul Gupta · Article in this November 2015 issue of International Trade Amicus discusses the issue of ‘Date of expiry of definitive anti-dumping duty’.
Direct Tax Amicus: November 2015 · 2015-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2015 · Provisions relating to deduction of tax at source (‘TDS’) do offer the government a good tool of efficient tax recovery but unless counterbalanced with a measure like Section 197, can become a weapon of oppression.
Corporate Amicus: November 2015 · 2015-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2015 · November 2015 issue of Corporate Amicus carries an article on proposed Environment Laws (Amendment) Bill, 2015, and explains the objective and challenges behind the move by Ministry of Environment, Forest and Climate Change (MoEFCC).
IPR Amicus: November 2015 · 2015-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2015 · IPR Amicus, November, 2015 covers an article ‘Slogans - An issue of descriptiveness’. This article discusses about the difficulty in getting trademark protection for slogans as it is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature.
Tax Amicus: November 2015 · 2015-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2015 · Valuation of composite goods under VAT laws is the subject for discussion under Article section in the November 2015 issue of Tax Amicus.
IPR Amicus: October 2015 · 2015-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2015 · Article in this October 2015 issue of the IPR Amicus discusses recent Delhi High Court Judgement granting permanent injunction in the case involving patented diabetics drug.
Tax Amicus: October 2015 · 2015-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2015 · Will GST continue with distortions of existing tax structure? Article in this issue of Tax Amicus discusses various complications of the existing indirect tax structure and concludes that the transition into GST may not be as smooth for the industry as is generally made out in certain media presentations.
International Trade Amicus: October 2015 · 2015-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2015 · By Atul Gupta · Article in this issue of International Trade Amicus discusses a recent decision of the Indian Supreme Court on maintaining consistency between Indian Domestic Law and WTO: ADA.
Direct Tax Amicus: October 2015 · 2015-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2015 · Article in this October 2015 issue of Direct Tax Amicus titled “Month-end Provisions and Reversal – Is TDS called for?”
Corporate Amicus: October 2015 · 2015-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2015 · First article in this issue of Corporate Amicus discusses legitimacy of levy of seigniorage fee on consumers and the ambiguity in the calculation of the same.
Direct Tax Amicus: July 2015 · 2015-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-july-2015 · The July, 2015 issue of Direct Tax Amicus features an article on &lsquo;Corporate Guarantee &ndash; Certainty in taxation not guaranteed!&rsquo;. This article analyses tax implications of various transactions arising out of a contract of guarantee between Associated Enterprises (&lsquo;AEs&r
Corporate Amicus: September 2015 · 2015-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2015 · September issue of Corporate Amicus carries an article discussing the hotly debated issue - whether plastics should be banned or not. The author mentions the pendency of a petition before the National Green Tribunal (NGT) seeking a ban on the use of plastic bottles whereas according to he
IPR Amicus: September 2015 · 2015-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2015 · IPR Amicus, September, 2015 covers an article titled ‘Software inventions - Examining patentability’. This article discuss about recently issued version of the Guidelines by Indian Patent Office for Examination of Computer Related Inventions. Ratio Decidendi secti
Tax Amicus: September 2015 · 2015-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2015 · September issue of Tax Amicus covers an article which discusses the question as to whether &lsquo;Total&rsquo; Cenvat credit is to be considered for reversal formula under Rule 6 of Cenvat Credit Rules. According to the author, where inputs or input services are exclusively used in the manuf
Corporate Amicus: August 2015 · 2015-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2015 · August 2015 issue of Corporate Amicus carries an article titled &lsquo; Letter and Spirit of the law&rsquo; in which the author discusses how certain sections of the Companies Act, 2013 are delightfully vague and at times even with contra-indications, with unintended consequences as companie
Tax Amicus: August 2015 · 2015-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2015 · Article Section of this month&rsquo;s Tax Amicus carries an article titled &lsquo;Refund of excess customs duty paid under self-assessment system&rsquo;. This article discusses about the issues and implications in obtaining refund under the Indian Customs law when the importer is required to
IPR Amicus: August 2015 · 2015-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2015 · IPR Amicus, August, 2015 covers an article titled &lsquo;Make in India meets the Biological Diversity Act&rsquo;. This article explains about the nation-wide initiative of the Government of India launched in September 2014. It also analyses the importance of having harmonization among the wo
International Trade Amicus: June 2015 · 2015-07-27 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2015 · An article discussing the merits and demerits of the proposal made to enhance the rights of third party under WTO Dispute Settlement Understanding (DSU) is covered under Article Section of this International Trade Amicus issue. Tables containing trade remedy measures by and agains
Direct Tax Amicus: June 2015 · 2015-07-27 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-june-2015 · By Balaji Sai Krishnan · The June, 2015 issue of Direct Tax Amicus features an article on, International Taxation and Revenue Rule. In this article the author states that the concept of revenue rule in the nascent stage of international taxation contributed to the development of source and resident based taxation
Corporate Amicus: July 2015 · 2015-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2015 · July 2015 issue of Corporate Amicus carries an article containing discussions on the fundamentals of engaging contract labour and the pitfalls that can be avoided to have a congenial environment in the company. Notifications &amp; Circular portion in this Amicus covers Negotiable
International Trade Amicus: July 2015 · 2015-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2015 · July 2015 issue of International Trade Amicus covers an article titled &lsquo;Courting balance between investor and host-State in ISDS&rsquo;. In this article, the author discusses different approaches to ensure investor protection without compromising on certain sovereign rights of a State.
IPR Amicus: July 2015 · 2015-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2015 · By Raghav Sarda · IPR Amicus, July, 2015 covers an article on ‘Separation of rights under copyright &amp; design laws’. This article explains that protection available to artistic work under Designs Act and Copyrights Act are different, and considering the inherent overlapping, one should opt carefully for
Tax Amicus: July 2015 · 2015-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2015 · By K. Srikanth · Tax Amicus of July 2015 covers an article on &lsquo;GST and centralized registration&rsquo;. In this article the author briefly discusses and shares thoughts on the probable impact of GST on service providers who have opted for centralized service tax registration at present. Noti
International Trade Amicus: May 2015 · 2015-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2015 · An article pertaining to the time-limit in anti-dumping reviews in India is the topic of discussion in May, 2015 issue in which the author states the requirement for a suitable amendment in Rule 23 (2) of AD Rules, to put at rest the anomaly relating to time limit in review. This Amicus as u
Direct Tax Amicus: May 2015 · 2015-06-17 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-may-2015 · The May, 2015 issue of Direct Tax Amicus features an article on applicability of res judicata in tax matters which discusses on certain key issues of non &ndash;applicability of doctrine of res judicata in taxation. The Circular and Instruction section covers a circular clarifying that no in
International Trade Amicus: April 2015 · 2015-06-04 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2015 · India has proposed a new model of Bilateral Investment Treaty to address several issues it has been facing including claims from foreign investors based on taxation and the allegation that India failed to provide proper investment climate. In this issue of International Trade Amicus readers
IPR Amicus: June 2015 · 2015-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2015 · By Kundan Kumar · The article in IPR Amicus, June, 2015 on law of disparagement, comparative advertising and acceptable competitive behaviour as regards trademark discusses the meaning of disparagement and the extent to which the comparing is allowed in advertising of products keeping in mind the fairness
Tax Amicus: June 2015 · 2015-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2015 · Department of Consumer Affairs has amended Legal Metrology (Packaged Commodities) Rules, 2011 and the article included in June, 2015 issue of Tax Amicus discusses in detail the amendments made, and elaborates as to how these changes have opened a Pandora&rsquo;s box of practical difficulties
International Trade Amicus: March 2015 · 2015-05-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2015 · Article in this March 2015 issue of International Trade Amicus seeks to analyze whether the time period for completing a mid-term or sunset review can be extended beyond the statutory time period of 12 months, and whether such extension is in consonance with the Act and AD Rules. Considering
International Trade Amicus: February 2015 · 2015-05-12 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2015 · Remand power of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in anti-dumping cases has been taken up for discussion in this month&rsquo;s International Trade Amicus. According to the author, there is no clarity in the provisions inasmuch as despite having an inherent power to
Corporate Amicus: May 2015 · 2015-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2015 · This May, 2015 issue of Corporate Amicus features an article discussing certain legal issues which potential Joint Venture (JV) partners must tackle at the stage of finalizing the transaction structure. Notification section includes amendments in Companies Incorporation Rules which have c
Tax Amicus: May 2015 · 2015-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2015 · The new Foreign Trade Policy (FTP) has introduced a specific provision in Para 3.15 clarifying that exporters shall be entitled for duty drawback of the basic customs duty apart from the Cenvat credit or duty drawback of additional duties of customs debited in the scrip. In view of this prov
IPR Amicus: May 2015 · 2015-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2015 · The Article Section of IPR Amicus, May, 2015 discusses the initiative of government in promoting the Digital India project and issues like copyright, use of Open Source Software (OSS) and underlines the need for the cohesive policy platform to realize the dream of Digital India. R
IPR Amicus: April 2015 · 2015-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2015 · The Article section of IPR Amicus April, 2015 contains a discussion on the Central Government guidelines for implementation of International Treaty on plant genetic resources under Multi Lateral System for food and agriculture. The Ratio Decidendi section covers the Delhi
Tax Amicus: April 2015 · 2015-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2015 · Service Tax is leviable on all services other than services which are specified under the negative list but trading (which is buying and selling of goods) is not a service and therefore it is specified under the negative list. This is to overcome the recent judgment of CESTAT, Ahmedabad in w
Direct Tax Amicus: April 2015 · 2015-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-april-2015 · By Anupam Misra · The April 2015 issue of Direct Tax Amicus features an article on compelling a non-resident to seek PAN which discusses two different decisions of the Tribunal with differing views on whether tax could be deducted at the rate prescribed in a treaty even when the non-resident does not have a P
Corporate Amicus: April 2015 · 2015-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2015 · In this issue of Corporate Amicus the author in the first article questions the penal powers of SEBI. SEBI is imposing heavy penalties on companies which hampers investors&rsquo; interest and securities market. In this issue readers can also go through the article providing economic perspect
International Trade Amicus: January 2015 · 2015-03-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2015 · Should India join the Information Technology Agreement-II? Article in this issue of International Trade Amicus after discussing various views, both in favour and against the agreement, concludes that it would be better for India to wait and watch how things take shape in 2015.
Tax Amicus: March 2015 · 2015-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2015 · Latest amendment in the notification relating to exemption for supplies to International Competitive Bidding has been analysed by the author in the article in this issue. According to the article, domestic manufacturers may place reliance on the words &ldquo;mutatis mutandis&rdquo; in the pr
Corporate Amicus: March 2015 · 2015-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2015 · Merging of Forwards Markets Commission with SEBI has been taken by for discussion in March 2015 issue of Corporate Amicus. According to the author, though the proposed merger will be highly beneficial to the growth of commodities market in general and will make it open to a larger section of
IPR Amicus: March 2015 · 2015-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2015 · Article in this month&rsquo;s IPR Amicus discusses elaborately the draft National IPR Policy released recently by the IPR Think Tank. According to the author, while the draft policy is a step in the right direction, the challenge lies in implementing its objectives within a realistic timefra
Direct Tax Amicus: March 2015 · 2015-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-march-2015 · The March 2015 issue of Direct Tax Amicus is devoted to highlights of changes in the Union Budget 2015 and includes the proposal to amend test of residence using Place of Effective Management (POEM) concept, deferral of GAAR by 2 years, abolition of wealth tax, clarity on allowance of bal
IPR Amicus: February 2015 · 2015-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2015 · Article in this issue of IPR Amicus discusses at length process patent litigation in the pharma sector. The author notes that it will be interesting to see if courts continue to employ intermediates as the criteria or if parties are able to convince the courts of other parameters to ascertai
Tax Amicus: February 2015 · 2015-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2015 · Transfer of Status Holder Incentive Scrip (SHIS) is the topic of discussion in this month&rsquo;s article. Discussing the question as to whether mere issuance of sale invoice in favour of broker / intermediary by the seller status holder would amount to transfer of scrip, the author is of th
Corporate Amicus: February 2015 · 2015-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2015 · By Noorul Hassan · Indian approach to taxi aggregators is the topic analysed in this month&rsquo;s article in Corporate Amicus. It is stated that even though it becomes extremely difficult to make a law on each and every activity carried out in India, an exclusive law on e-commerce activity is recommended, par
Direct Tax Amicus: February 2015 · 2015-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-february-2015 · The article in the February 2015 issue of Direct Tax Amicus explores the controversy on allowability of depreciation in a finance lease transaction in the light of revised accounting standards to be notified by the Indian Government. The clarification issued by the Central Board of Direct
Corporate Amicus: January 2015 · 2015-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2015 · By Dinesh Babu Eedi · SEBI´s Companies (Amendment) Bill, 2014 seeks to clarify the issues on Section 185 of the Companies Act, 2013 dealing with the issue of loans to the Directors by their companies.
Direct Tax Amicus: January 2015 · 2015-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-january-2015 · By S. Sriram · The issue of taxation of share holder activity which sans clarification by CBDT, is often subject of dispute forms the basis of discussion in the Article section of the January 2015 issue of Direct Tax Amicus. Central purchasing authority not being beneficial owner for purpose of DTAA, taxab
IPR Amicus: January 2015 · 2015-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2015 · By Kunal Aggarwal · An overview of Design registration in India is provided by the Article in this January 2015 issue of IPR Amicus.
Tax Amicus: January 2015 · 2015-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2015 · By Kunal Aggarwal · The dispute regarding determination of place of provision of entertainment to find out the jurisdiction of State which has the power to levy Entertainment Tax is discussed at length by the author in the article covered in this month´s issue of Tax Amicus.
International Trade Amicus: October 2014 · 2014-12-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2014 · Refund of anti-dumping duty as a result of review investigation has been taken up for discussion by the author in the article carried in this issue of International Trade Amicus. According to the author, procedural dichotomy in the law is required to be remedied through harmonious reading of the p
Corporate Amicus: December 2014 · 2014-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2014 · SEBI´s new proposed Insider Trading Regulations is the topic of discussion this month´s Corporate Amicus.
International Trade Amicus: December 2014 · 2014-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2014 · The article in this month´s issue of International Trade Amicus does a comparative analysis of the procedures of conducting a hearing in an anti-dumping investigation.
Direct Tax Amicus: December 2014 · 2014-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-december-2014 · The December 2014 issue of Direct Tax Amicus features an article on taxation of Engineering, Procurement and Construction (EPC) contracts which involve complex issues like existence of Permanent Establishment (PE), whether offshore supplies are taxable as FTS and transfer pricing issues. Rat
IPR Amicus: December 2014 · 2014-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2014 · Article in this December 2014 issue of IPR Amicus discusses elaborately, recent order of Delhi High Court on rules for determining deceptive similarity and consequent trademark infringement when the conflicting trademarks under consideration are composite marks i.e. marks comprising more than one element.
Tax Amicus: December 2014 · 2014-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2014 · Will compliance costs actually go down with introduction of GST? The article in this month’s issue of the Tax Amicus while analyzing GST set-up in different countries concludes that though the GST story has not fully been told as yet, it is perhaps right time for the trade to study the likely impact of GST on their compliance costs, and represent to the Empowered Committee and the Government before it is too late.
International Trade Amicus: November 2014 · 2014-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-nov-2014 · This issue brings to readers an article on the ongoing dispute relating to USA’s certain Country of Origin Labelling Requirements (COOL), as raised by Canada and Mexico.
Direct Tax Amicus: November 2014 · 2014-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-november-2014 · The highlight of the November 2014 issue of Direct Tax Amicus is the discussion on transfer pricing issues as regards contract research centres in India , featured in the Article Section. The tax-payer friendly instructions issued by CBDT and clarification regarding threshold limit to approa
Corporate Amicus: November 2014 · 2014-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2014 · Recently introduced SEBI (Real Estate Investment Trusts) Regulations, 2014 is the topic of discussion this month in Corporate Amicus-November 2014 issue.
Tax Amicus: November 2014 · 2014-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2014 · Offshore sale transactions and their treatment under the Central Sales Tax regime has been taken up for in-depth analysis in this November 2014 issue of Tax Amicus.
IPR Amicus: November 2014 · 2014-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2014 · By Vindhya S. Mani · Delhi High Court has recently upheld order of the Single Judge that revocation of a patent is not automatic under Section 64(1)(m) of the Patents Act, 1970 and that it is open to the court to examine whether the omission to furnish information under Section 8 of the Act was deliberate or intentional.
International Trade Amicus: September 2014 · 2014-10-24 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2014 · Export restraints and growing concern among WTO Members relating to the same is the topic of discussion this month. Article in this issue of International Trade Amicus while discussing two recent WTO DSB reports concerning export restrictions, holds that the question of whether export restraints c
Direct Tax Amicus: October 2014 · 2014-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-october-2014 · The article on doing business in India through liaison office (LO), in the October 2014 issue of Direct Tax Amicus highlights the need for vigilance in structuring the format of LO, while applicability of transfer pricing provisions to issue of shares, guarantee being an international transa
IPR Amicus: October 2014 · 2014-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2014 · By Vindhya S. Mani · Bombay High Court’s recent Order holding that use as trademark is sine qua non to claim honest concurrent use , is the subject of the article covered in this month’s IPR Amicus. It is noted here that entire purpose behind the enactment of Section 12 of the Trade Marks Act is to ensure that genuine
Tax Amicus: October 2014 · 2014-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2014 · Issues relating to time limit for availment of Cenvat credit, as introduced recently, have been taken up for analysis in October 2014 issue of Tax Amicus. According to the author, there are number of issues like, time limit in case of re-credit, delayed receipt of goods from job worker, credit ava
Corporate Amicus: October 2014 · 2014-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2014 · ‘Responsibilities of an independent director’ is the topic of discussion in this October 2014 issue of Corporate Amicus. The article in this issue holds that recent legislative measures should instill confidence in the minds of otherwise competent and capable individuals for taking unfettered deci
International Trade Amicus: August 2014 · 2014-09-19 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2014 · Procedural conundrum of Indian safeguard law has been taken up for discussion in the Article section of this issue. According to the author, even though mechanism has been set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS), yet lot of procedural loo
Tax Amicus: September 2014 · 2014-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2014 · By Nirav Sanjay Karia · Incentives by various Indian provincial or State Governments to manufacturers under regional Sales Tax or VAT provisions are discussed in the Article section of Tax Amicus this month. The author throws light on how these incentives are increasingly becoming disincentives to assessees under Central
Corporate Amicus: September 2014 · 2014-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2014 · FDI in India is the topic of discussion this month. While certain recent FDI reforms in India have been elaborately discussed in this issue, Notifications and Circulars part of the Amicus covers recent decision of the Government of India to allow FDI in railway transport sector. Ministry of Corpor
Direct Tax Amicus: September 2014 · 2014-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-september-2014 · The September 2014 issue of Direct Tax Amicus covers criteria for selection of cases for scrutiny (Circular), decision on applicability of transfer pricing provisions to secondary adjustments, eligibility of IT enabled HR services for Section 10A deduction, taxability of services rendered by
IPR Amicus: September 2014 · 2014-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2014 · Recent decision of the Chancery Division of the Community Trade Mark Court in the dispute concerning a trademark battle over the word “PINK”, is elaborately discussed in this September 2014 issue of IPR Amicus. Ratio decidendi in this issue covers important Bombay High Court Order holding that t
International Trade Amicus: July 2014 · 2014-08-27 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2014 · Article in this issue of International Trade Amicus discusses at length investment protection as being enshrined more and more in Free Trade Agreements (FTAs). The article states that though divergence between a nation’s domestic laws and the provisions in international treaties is not something n
International Trade Amicus: June 2014 · 2014-08-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2014 · International Trade Amicus has completed 3 years and the June, 2014 issue is the Third Anniversary Issue of this newsletter. International standard and Indian practice relating to ‘unforeseen developments’ under safeguard law is the topic for discussion in the article. Under ‘WTO News’ this issue
IPR Amicus: August 2014 · 2014-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2014 · By Vindhya S. Mani · Bombay High Court’s Order upholding the order of Intellectual Property Appellate Board (IPAB) granting compulsory license to an anti-cancer drug, has been elaborately discussed in this issue of IPR Amicus. According to the author, this decision has paved the way for more applications of compulsory
Direct Tax Amicus: August 2014 · 2014-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/direct-tax-amicus/direct-tax-amicus-august-2014 · The article in August 2014 issue of Direct Tax Amicus discusses the possible unequal treatment of non-resident on restriction of disallowance to 30% in case of TDS defaults on payments to residents. The clarification on taxation of AIFs having status of non-charitable trusts is covered under
Tax Amicus: August 2014 · 2014-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2014 · By Karthik S. Nair · New provisions brought into force with the assent of Finance (No. 2) Bill, 2014 with effect from 6-8-2014, requiring compulsory pre-deposit and withdrawing discretion of the appellate authorities / body to grant stay is discussed in this issue of Tax Amicus. According to the author of the article
Corporate Amicus: August 2014 · 2014-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2014 · Major obligations for companies under the Corporate Social Responsibility (CSR) provisions, as introduced by the new Companies Act, 2013, have been highlighted by the author in the article carried in the August issue of Corporate Amicus. The author says that though the principle of CSR is laudable
International Trade Amicus: May 2014 · 2014-07-30 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2014 · By Ankur Sharma · A brief analysis of the recently issued final findings in the safeguard review investigation on imports of PX-13 also known as 6 PPD into India, issued by the Directorate General of Safeguards has been taken by the author in the ‘Article’ section of this issue. The author is of the view that this
International Trade Amicus: April 2014 · 2014-07-25 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicusv-april-2014 · Technical Barriers to Trade or TBT as non-tariff barriers form the subject matter of discussion in the article published in International Trade Amicus this month. The author is of the view that in recent years, there has been a proliferation in the usage of technical regulations, standards and con
Corporate Amicus: July 2014 · 2014-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2014 · Satellite Communications Policy in India is the topic of discussion this month in Corporate Amicus. According to the author, a major overhaul in the legal and administrative policy framework governing satellite communications in India is required to achieve the dream of a “Digital India”. The se
IPR Amicus: July 2014 · 2014-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2014 · By Vindhya S. Mani · The July issue of IPR Amicus begins with an article containing discussion on a recent Delhi High Court decision concerning registration of license / assignment deed under the Patents Act. According to the author, the practice of staying proceedings pending determination of registration of the lice
Tax Amicus: July 2014 · 2014-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2014 · Legal status of clarifications given by the Central Board of Excise and Customs (CBEC or Board) through its Budget 2014 instructions is the topic of discussion this month. According to the first article this month, these clarifications, though beneficial to the assessees, have not been supported b
IPR Amicus: June 2014 · 2014-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2014 · By Jaya Pandeya · “Is new hardware required for patenting computer implemented inventions in India?” – this is the question posed by the author in the ‘Article’ section of IPR Amicus – June, 2014. Discussing an order of the Intellectual Property Appellate Board (IPAB), the author concludes that the law does not man
Tax Amicus: June 2014 · 2014-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2014 · By Chaitanya R. Bhatt · The June, 2014 issue of Tax Amicus brings you two articles. The first one relating to direct tax is on a recent ruling of the Authority for Advance Rulings (AAR) holding that ‘Protocol’ signed along with the treaty cannot be treated at par with the provisions contained in the treaty itself, though
Corporate Amicus: June 2014 · 2014-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2014 · To improve corporate governance, the new Companies Act, 2013 mandates a number of Board committees for specified companies for various purposes like audit, nomination and remuneration, Corporate Social Responsibility (CSR) and stakeholders’ relationship. The basis, structure and functions of these
International Trade Amicus: March 2014 · 2014-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2014 · Article in this issue of Tax Amicus discusses elaborately provisional anti-dumping measures being imposed by India. According to the article, the provisions are often misused and hence there is a need to make specific provision fixing an upper limit for imposition of provisional measures. Table on
Tax Amicus: May 2014 · 2014-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2014 · In a recent decision, the Delhi High Court has held that business support services provided by foreign company through seconded employees to Indian subsidiary constituted ‘fees for technical services’ (FTS) and such services also create foreign company’s Service PE in India. The article covered in
IPR Amicus: May 2014 · 2014-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2014 · The High Court of Madras, in a recent decision, considered the popular issue of interface between copyright and design protection in case of an artistic work and this order forms the basis for discussion in the article published in this issue of IPR Amicus. The ‘Ratio Decidendi’ column analyses
Corporate Amicus: May 2014 · 2014-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2014 · Over the years, thousands of Share Purchase Agreements (SPAs) have been executed but the perfect and completely error free agreement eludes us all. The article in this issue brings out some of the essential features of a classic textbook document for better understanding of the topics that need to
International Trade Amicus: February 2014 · 2014-04-08 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2014 · By Ankur Sharma · Limitations under Article X of the GATT, 1994 and how they have been to an extent overcome in the recently concluded Trade Facilitation Agreement (TFA) is the topic of discussion this month. First article this month concludes that TFA would improve movement and clearance of goods as a result of in
Tax Amicus: April 2014 · 2014-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2014 · The emerging concept of Service PEs has been discussed in the ‘Article’ section in the backdrop of recent decision of the Income Tax Appellate Tribunal (ITAT) in the case of JCB Bamford. The author argues that establishing that there is no PE is not simply a matter of keeping the period of stay in
IPR Amicus: April 2014 · 2014-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2014 · IPR Amicus brings to readers an article on Indian statutory scenario in respect of prosecution for infringement of trade mark, under the provisions of Prevention of Money Laundering Act or the PMLA. The author notes that compared to punishment for such offence under other laws, the addition of tra
Corporate Amicus: April 2014 · 2014-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2014 · The agenda for sports law reform in the year 2014 has been laid down by the author in his article in this month’s issue of Corporate Amicus. Among other issues, the author is of the view that an area of sports law where reforms are badly needed is anti-doping programme implementation. Under ‘Notif
International Trade Amicus: January 2014 · 2014-03-21 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2014 · This first issue of International Trade Amicus in year 2014 brings you a detailed article on recently signed Trade Facilitation Agreement (TFA). According to the article though the agreement would apparently lend credibility to the World Trade Organisation and would reduce the cost of imports and
Tax Amicus: March 2014 · 2014-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2014 · Concept of Input Service Distributor (ISD) and the recent amendment in the Cenvat Credit Rules is the topic of discussion this month in Tax Amicus. According to the author of the article, a plain reading of the amended rule can lead to an unfair situation and hence the trade has to take up this an
IPR Amicus: March 2014 · 2014-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2014 · By Vindhya S. Mani · The article section of the March 2014 issue of IPR Amicus features two articles – a discussion on the Patent (Amendment Rules) 2014 and definition of small entities, and the emphasis on principles of natural justice by the Intellectual Property Appellate Board (IPAB). Ratio decidendi carries decis
Corporate Amicus: March 2014 · 2014-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2014 · This March 2014 issue of Corporate Amicus carries two discussions of recent topics of interest. While the first article talks about provisions relating to 'Directors' in both old and new Companies Act, second article covers voting rights of holders of depository receipts abroad. CSR provisions are
Tax Amicus: February 2014 · 2014-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2014 · Article in this issue of Tax Amicus while pointing out some anomalies in the Cenvat credit regime, holds that the approach of the Central Excise Department treating Cenvat credit as largesse to be bestowed upon assessees only if it wishes, points to the mind-set which is one of denial and riddled
IPR Amicus: February 2014 · 2014-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2014 · The shifting battleground between innovator drugs and biosimilars in India is discussed in the article section of IPR Amicus, February 2014. Delhi High Court ruling on whether copyright can be claimed in pranic healing, its performance, etc., and UK High Court ruling against use of key words amoun
Corporate Amicus: February 2014 · 2014-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2014 · By Ankur Garg · This issue of Corporate Amicus is special – it brings to readers two articles. Restraining legal proceedings and rights of nominees are the two topics of discussion in the articles. The author of the first article observes that the judicial opinion is now somewhat entrenched in honouring the choic
Corporate Amicus: January 2014 · 2014-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2014 · By Noorul Hassan · Bitcoins – an area not explored much - is the topic of discussion this month in Corporate Amicus – January 2014 issue. The article in this issue, discussing elaborately legal provisions present in different jurisdictions, concludes that governments should attempt at regulating the sector rather th
Tax Amicus: January 2014 · 2014-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2014 · Place of Provision of Service (POPS) Rules have been discussed at length in this January 2014 issue of Tax Amicus. The article, considering some examples, concludes that determining the place of consumption is a complex task on account of intangible nature of services and the different modes by wh
IPR Amicus: January 2014 · 2014-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2014 · Trademark questions in adwars , as in Pepsodent Germicheck v. Colgate Strong Teeth form part of the discussion in the Article section in January 2014 issue of IPR Amicus. The Ratio Decidendci column covers a number of interesting cases right from registration under the Insecticides Act when patent
International Trade Amicus: August 2013 · 2013-12-13 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2013 · Labour standards and its effect on international trade is the topic of discussion this August 2013 issue of International Trade Amicus. According to the article, protection of domestic industry from unfair competition is fine but importance of mutual or collaborative growth shall not be underestim
International Trade Amicus: July 2013 · 2013-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2013 · The practice of India and the U.S. concerning imposition, collection and review of countervailing and anti-dumping duty is the subject of study this month. Article in this July 2013 issue of International Trade Amicus discusses various procedures which are different in India and USA and also how t
Tax Amicus: July 2013 · 2013-12-09 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2013 · This second anniversary - July 2013 issue of Tax Amicus includes article considering various aspects of tax planning of multinational companies having operations in multiple jurisdictions. It deliberates on issues concerning permanent establishment and anti-avoidance provisions. Risk Management Sy
International Trade Amicus: December 2013 · 2013-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2013 · Article XI of the GATT, providing for general elimination of quantitative restrictions, is the topic of discussion in the article this month. It is concluded that analysis of a claim under Article XI will involve application of some principles discussed, in the article itself, on a case-by-case ba
Corporate Amicus: December 2013 · 2013-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2013 · By Noorul Hassan · Article in this December 2013 issue of Corporate Amicus deliberates upon the question as to whether role of ‘Independent Directors’ will truly become independent with the introduction of Companies Act, 2013. This issue covers clarification issued by Ministry of Corporate Affairs that provisions of
IPR Amicus: December 2013 · 2013-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2013 · December 2013 issue of IPR Amicus carries an article on scope of Extant Notified Variety under the Protection of Plant Varieties and Farmers’ Rights Act, 2001. The classification of goods and services published by the Indian Trademark Registry and the Guidelines for functioning under Madrid Protoc
Tax Amicus: December 2013 · 2013-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2013 · Service Tax on services provided to educational institutions and recent exemption to canteen service provided in factories, are the topics discussed in two articles covered in this month’s Tax Amicus. According to the author of the first article, there still exists doubt as to whether in the light
IPR Amicus: November 2013 · 2013-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2013 · An interesting discussion on the reform of Brazilian patent law inspired by Indian laws like disallowance of patents on new forms of known substances, is featured in the Article section of November 2013 issue of IPR Amicus. Ratio Decidendi includes rejection of application for compulsory license,
International Trade Amicus: November 2013 · 2013-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2013 · Principle of National Treatment, as enshrined under Article III of the GATT has been discussed elaborately in this November 2013 issue of International Trade Amicus. According to the author, though the first sentence of Article III:2 necessitates ‘like’ product, yet in the light of the second sent
Tax Amicus: November 2013 · 2013-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2013 · Obligation to tolerate an act which is a declared service is the topic of discussion this month. Article in this issue of Tax Amicus discusses at length various issues while concluding that a case can be made to argue that fines, damages and penalties do not characterize a transaction of an activi
Corporate Amicus: November 2013 · 2013-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2013 · Specific provisions relating to ‘mergers and acquisitions’ and ‘one person companies’ as brought into force after introduction of Companies Act, 2013 are discussed at length, in two articles, in this issue of Corporate Amicus. First article highlights a few key changes made in the new Act and conc
International Trade Amicus: June 2013 · 2013-10-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2013 · Article in this June 2013 second anniversary issue of International Trade Amicus discusses how certain Indian measures relating to solar cells and modules are in violation of the WTO provisions. As per the discussion, the provisions providing for sourcing of certain minimum amount of inputs from t
Tax Amicus: June 2013 · 2013-10-18 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2013 · Article in this June 2013 issue of Tax Amicus discusses in detail service tax liability in the case of cross border provision of service. As per the article, cross border services entailing presence of an intermediary may unnecessarily suffer service tax because the provisions are not clear. Under
Corporate Amicus: October 2013 · 2013-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2013 · Investigation & whistle blowing provisions and provisions for class actions, under the new Companies Act, 2013 have been discussed in detail, in two articles, in this issue of Corporate Amicus. The first article states that the new Act provides for effective complaint mechanism. The second one hol
Tax Amicus: October 2013 · 2013-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2013 · By Kunal Aggarwal · Value Added Tax (VAT) on developers is at the centre of discussion this month. Article in this issue discusses in detail, recent Supreme Court Judgment in the case of Larsen and Toubro upholding the interpretation of law as held by Division Bench in the case of K. Raheja Development. According to
IPR Amicus: October 2013 · 2013-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2013 · Exemption to use of patented products, process for research or Bolar exemption, grant of marketing approval for generics and patent linkage in India form the topics for discussion in the article section of October 2013 issue of IPR Amicus. The Ratio Decidendi section features the Delhi High Court
International Trade Amicus: October 2013 · 2013-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2013 · Extension of Safeguard duty measures, after they have lapsed, is the topic of discussion this month. Article in this October 2013 issue of International Trade Amicus argues that initiation of review should not be equated with the extension of the said trade remedy measure and that India, in this r
International Trade Amicus: May 2013 · 2013-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2013-issue · Has the countdown begun for removal of India’s export promotion schemes which indirectly provide subsidy to Indian exports? Article in this May 2013 issue of International Trade Amicus analyses in detail WTO’s Agreement on Subsidies and Countervailing Measures (SCM agreement) and the timelines the
Tax Amicus: May 2013 · 2013-09-16 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2013-issue · By Satya Sai · Refund of Cenvat credit on services under reverse charge mechanism is the topic of discussion in this May 2013 issue of Tax Amicus. Article in this issue concludes that service providers who are under partial reverse charge are in advantageous position in terms of Cenvat credit and refund as compa
International Trade Amicus: April 2013 · 2013-09-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2013 · Practice of price undertaking, as prevalent in the imposition of anti-dumping duty, is the topic of discussion this month. Article in this April 2013 issue of the International Trade Amicus concludes that though the wordings of Rule 15.3 of the Anti-dumping Rules are generic in nature, the DGAD al
Tax Amicus: April 2013 · 2013-09-02 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2013 · By Kundan Kumar · Export of services under the new regime of negative list of Service Tax has been discussed threadbare in this issue of Tax Amicus. The article holds that service in respect of which the place of provision is outside India and where the consideration is received in Indian currency, such service wou
IPR Amicus: September 2013 · 2013-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2013 · The September 2013 issue of IPR Amicus features a discussion on the applicability of Hot News Doctrine in India as decided by the Delhi High Court. IPAB decision on onus of proof on applicant of proposed to use mark, ineligibility of descriptive word Snax for registration in respect of light foods
Corporate Amicus: September 2013 · 2013-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2013 · This special issue of Corporate Amicus, on the recently enacted Companies Act, 2013, discusses in detail various finer points of the new provisions. As per the write-up, the new provisions are progressive, aim at better governance and a higher level of transparency and disclosures. The new 2013 Ac
International Trade Amicus: September 2013 · 2013-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2013 · Evaluation of application seeking initiation of anti-dumping duty is the topic of discussion this month. Article in this September 2013 issue elaborately discusses the DSB panel report in the dispute between Guatemala and Mexico, and concludes that information contained in the application must be
Tax Amicus: September 2013 · 2013-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2013 · Availability of Cenvat credit on partially paid invoices is the topic of discussion this month. Article in this September 2013 issue holds that questions relating to availability of credit on such invoices are not yet settled. Under Customs portion, this issue covers DGFT Public Notice amending Ha
Corporate Amicus: August 2013 · 2013-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2013 · By Dinesh Babu Eedi · Doctrine of attribution in corporate criminal liability is the topic of discussion this month in the Second Anniversary - August 2013 issue of Corporate Amicus. Article on this subject seeks to point out that prosecution of officers for the criminal acts of company would depend on facts and circum
IPR Amicus: August 2013 · 2013-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2013 · August 2013 issue, the second anniversary issue of IPR Amicus, opens with a discussion on working of patents in India. ‘Ratio Decidendi’ section features the case of Sudarshan Chemical Industries in the UK High Court on obviousness while combining sample with prior art and the order of the Intelle
Tax Amicus: August 2013 · 2013-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2013 · Recent amendment in the Legal Metrology (Packaged Commodities) Rules, 2011 regarding “industrial consumers” and “institutional consumers” has been discussed elaborately in this August 2013 issue of Tax Amicus. The authors are of the view that the amendments have complicated certain simple and sett
IPR Amicus: July 2013 · 2013-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2013 · In the July 2013 issue of IPR Amicus, the IPAB decision in Electronic Navigation Research Institute reiterating bar on patentability under Section 3 (k) on mathematical methods is discussed in the ‘Article’ section. A special feature of this issue is the report on two major decisions of the IPAB i
Corporate Amicus: July 2013 · 2013-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2013 · By Kunal Kapoor · Land Acquisition Bill, 2011 has been analyzed comparatively with the Land Acquisition Act, 1894, in the article covered in this July issue of Corporate Amicus. India has further liberalized its FDI Policy in respect of ten specified sectors including the hitherto closed sector relating to defence.
International Trade Amicus: March 2013 · 2013-06-25 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2013 · Do various Indian schemes placing a requirement of domestic content violate WTO provisions? Article in this issue of International Trade Amicus concludes that the Indian FDI Policy in multi-brand retail calling for domestic content is inconsistent with Article 2.1 of the TRIMs (Trade Related Inves
Tax Amicus: March 2013 · 2013-06-25 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2013 · This post-budget issue of Tax Amicus covers major changes proposed to be made by the Finance Bill, 2013 and the changes brought by notifications issued under Central Excise, Customs and Service Tax law. Article in this March 2013 issue discusses the newly proposed Amnesty Scheme (Voluntary Complia
IPR Amicus: June 2013 · 2013-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2013 · The judgments of Delhi High Court on protection under common law for design rights and broadcasting rights are discussed in the context of quasi-property rights in the Article Section. The June 2013 issue of IPR Amicus features case law in Myriad on patentability of naturally occurring genes and a
Corporate Amicus: June 2013 · 2013-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2013 · Squeeze out provisions in the Companies Act, 1956 is the topic of discussion in this June 2013 issue of Corporate Amicus. The article in this issue holds that the principle to majority rule cannot be used to deprive a person or group of persons of their property. Department of Industrial Policy an
International Trade Amicus: February 2013 · 2013-05-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2013 · By Atul Gupta · Exemption from anti-dumping duty and the government’s power under the Customs Act to grant exemption from anti-dumping duty is the subject for analysis this month. Article in this February, 2013 issue of the International Trade Amicus considers the question deliberating upon the issue as to whethe
Tax Amicus: February 2013 · 2013-05-23 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2013 · Service tax liability on grant-in-aid is discussed in this February, 2013 issue of Tax Amicus. Article in this issue holds that the taxability would depend on existence of the nexus with service provided in return. Service tax portion covers Calcutta High Court order holding that the officers of C
International Trade Amicus: January 2013 · 2013-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2013 · By Atul Gupta · Article in this January 2013 issue of International Trade Amicus discusses consequences of de minimus dumping margin. As per the article, procedures being followed in India are not in line with the decisions of World Trade Organisation’s DSB panel on the question of inclusion of exporters having d
Tax Amicus: January 2013 · 2013-05-14 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2013 · A thorny issue of determination of place of provision of service is discussed elaborately, Rule-by-Rule, in the article in this January 2013 issue of Tax Amicus. Central Board of Excise and Customs (CBEC) has issued a Circular for recovery of confirmed demand even in cases where stay application i
IPR Amicus: May 2013 · 2013-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2013 · The 'Ratio decidendi' section of IPR Amicus, May 2013 summarises the decision of the US Supreme Court (Bowman v Monsanto) on patent exhaustion besides Indian cases on obviousness for patent and twin test of prior use and confusion in respect of trademarks. The ‘Articles’ section features a discuss
Corporate Amicus: May 2013 · 2013-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2013 · By Kunal Kapoor · New banking licence guidelines issues by the RBI have been discussed at length in this May 2013 issue of Corporate Amicus. Article, on this topic, states that the guidelines instead of emphasizing on establishment of new banks should have considered improvisation and consolidation of existing enti
Corporate Amicus: April 2013 · 2013-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2013 · Sweat equity shares and the laws governing them is the topic of discussion this month. This April 2013 issue of Corporate Amicus covers article which deliberates on various aspects of issuance of such shares. Foreign Direct Investment (FDI) Policy has been further relaxed and hence a circular cons
IPR Amicus: April 2013 · 2013-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2013 · The implications of posting of patent applications are discussed in the Article section of IPR Amicus - April 2013. Ratio decidendi covers the Delhi High Court larger bench decision on registration of designs abroad besides decision on passing off in domain names and the English Court decision tha
Tax Amicus: Previous Editions · 2013-03-22 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-previous-editions · December 2012 Issue November 2012 Issue October 2012 Issue September 2012 Issue August 2012 Issue July 2012 Issue June 2012 Issue May 2012 Issue April 2012 Issue March 2012 Issue February 2012 Issue January 2012 Issue
International Trade Amicus: Previous Editions · 2013-03-20 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-previous-editions · December 2012 Issue November 2012 Issue October 2012 Issue September 2012 Issue August 2012 Issue July 2012 Issue June 2012 Issue May 2012 Issue April 2012 Issue March 2012 Issue February 2012 Issue January 2012 Issue
Corporate Amicus: March 2013 · 2013-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2013 · Jurisdiction of Competition Appellate Tribunal (COMPAT) is the topic of discussion this month. Article in this March 2013 issue of Corporate Amicus analyses the topic in the light of an earlier Supreme Court decision while concluding that in certain circumstances the only option available is to fi
IPR Amicus: March 2013 · 2013-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2013 · Two articles are featured in IPR Amicus - March 2013. The first article discusses Foreign Filing License requirements particularly for first filing in a foreign country. The second article is on the Delhi High Court order restoring a trademark after 29 years, reinstating the rights of the register
IPR Amicus: February 2013 · 2013-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2013 · A discussion on the cancellation of a registered design on the ground of prior registration abroad is one of the highlights of February 2013 issue of IPR Amicus. The ‘Ratio decidendi’ section includes the CJEU decision on the mark ‘steam glide’ for iron as being descriptive, IPAB decision on divis
Corporate Amicus: February 2013 · 2013-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2013 · Is there a database right protection in India? Article in this February 2013 issue of Corporate Amicus discusses this topic while analyzing the copyright law and holding that protection of value in these rights need to be further appreciated. SEBI has introduced regulations for investment advisors
Corporate Amicus: January 2013 · 2013-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2013 · Article in this January, 2013 issue of Corporate Amicus analyses challenges and way forward in respect of restrictive covenants in employment contracts while observing that new ideas are still in the process of getting assimilated in the India legal system. Ministry of Corporate Affairs has asked
IPR Amicus: January 2013 · 2013-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2013 · An analysis of the rights of co-owners under Indian Patents Act is presented in the Article section of IPR Amicus January 2013 issue. Ratio decidendi section covers case law on trademark protection to marginally tweaked marks, relevance of prior use of mark in different jurisdiction and decision o
IPR Amicus: December 2012 · 2012-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-december-2012 · The ambiguity in Indian patent laws on whether registration of patent licenses and assignments is necessary for the transactions to be valid is the basis for discussion in the article in this issue of IPR Amicus. 'Ratio Decidendi' provides summary of the English case on denial of trademark to tile
Tax Amicus: December 2012 · 2012-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-december-2012 · Article in this issue of "Tax Amicus" discusses how conditions for availing exemption, whether substantial or only procedural/technical, are important for availing the benefit and merely because a procedure is directory, its compliance is not to be dispensed with. DGFT has allowed terminal excise
Corporate Amicus: December 2012 · 2012-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-december-2012 · SEBI has recently introduced provisions for regulating the Indian financial markets. Article in this issue of "Corporate Amicus" discusses these regulations, while also pointing out some problems in SEBI (Alternative Investment Funds) Regulations and the SEBI (Investment Advisors) Regulations. Mut
International Trade Amicus: December 2012 · 2012-12-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-december-2012 · By Astha Sinha · USA has raised visa fees for companies hiring more than 50% foreign labour. Would the move withstand WTO scrutiny? Article in this December 2012 issue of "International Trade Amicus" discusses various aspects of General Agreement in Trade in Services (GATS) and concludes how the law will not be a
Corporate Amicus: November 2012 · 2012-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-november-2012 · Labour welfare cess for workers in the construction industry is the topic of discussion this month. Article in this November 2012 issue of "Corporate Amicus" clarifies the implications of various provisions, while also covering procedures like registration and liability to pay cess. A case note on
International Trade Amicus: November 2012 · 2012-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-november-2012 · Various aspects of 'sampling' in the European Union's anti-dumping law and how it can be used in the Indian circumstances, which may also require amendment in the Indian anti-dumping provisions is the topic of discussion this month in "International Trade Amicus". In WTO, while the Appellate body
IPR Amicus: November 2012 · 2012-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-november-2012 · Governmental use of patented inventions and provisions of Sections 48 and 100 of the Patents Act, 1970 are analysed in the article on ‘Use of patented inventions by the government’. The news section contains draft guidelines issued by the Indian patent office on traditional knowledge and biologica
Tax Amicus: November 2012 · 2012-11-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-november-2012 · Applicability of Sales tax on an agreement to sell under-construction flat, in the light of the recent Bombay High Court decision, is the topic of discussion this month. CESTAT has held that export goods conforming to DGFT criteria are not liable for confiscation and that refund of central excise
Corporate Amicus: October 2012 · 2012-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-october-2012 · This month, the topic of discussion is penalty on cartel members and leniency provisions in case of honest declaration by the whistleblowers, who were earlier part of the cartel. The article holds that this is a right step in the right direction but the provisions are not clearly worded. This issu
Tax Amicus: October 2012 · 2012-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-october-2012 · This issue of "Tax Amicus" discusses recently notified Rules for Advance Pricing Arrangements which provide option for compliance through cooperation, though not provide for retrospective application. New All Industry Rates (AIR) of Drawback have been notified and EOUs have been granted exemption
International Trade Amicus: October 2012 · 2012-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-october-2012 · Grant of market economy status for Chinese exporters has always been a bone of contention with the investigating authorities around the world. This October 2012 issue of "International Trade Amicus" discusses a recent ECJ order distinguishing between State 'interference' and 'influence' and its ef
IPR Amicus: October 2012 · 2012-10-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-october-2012 · Delhi High Court's decision recognising international exhaustion of trademarks as per Trade Marks Act, 1999 is the highlight of this issue. The article discusses parallel importation and 'market' as interpreted by the court. The case law section contains another important decision of the Delhi Hig
Tax Amicus: September 2012 · 2012-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-september-2012 · Education Guide released by CBEC on Taxation of Services, is sought to be termed as a clarification with full sanctity under the law, in this months’ article. In terms of changes in the statutory provisions, Customs duty has to be paid mandatorily through e-payment by specified importers while Rul
IPR Amicus: September 2012 · 2012-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-september-2012 · The 'Statutory updates' section discusses the America Invents Act which has come into force from 16-9-2012. Of particular interest is the shift to First to file provisions. Important decisions from different for a High Court and IPAB on whether slogans can be copyrighted, test of obviousness as pe
International Trade Amicus: September 2012 · 2012-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-september-2012 · Product under consideration (PUC) for the purpose of anti-dumping investigations is required to be carefully selected. Though the Anti-dumping Agreement (ADA Agreement) does not provide for any guidelines in this regard, but, an overtly broad PUC can create complications. This September 2012 issue
Corporate Amicus: September 2012 · 2012-09-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-september-2012 · By Kunal Kapoor · This month the topic of discussion varies from SEBI's jurisdiction in the light of recent Supreme Court of India decision, to the development of Competition law in India. While one article holds that now any issue of shares to more than specified persons would be treated as public issue, another a
International Trade Amicus: August 2012 · 2012-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-august-2012 · Anti-dumping duty is imposed at 'all other rates' on the exporters who had not participated in the investigations. But, after the recent DSB panel report the investigating authorities are required to revisit their current practices though there is a lacuna in the Anti-dumping Agreement itself. On
IPR Amicus: August 2012 · 2012-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-august-2012 · This is the First Anniversary issue of IPR Amicus. Focussing on practical issues in filing and obtaining patent protection, the article in this issue, analyses pendency of patent applications in India. Case law on post-grant opposition, use of laudatory expression as trademark, SPC for new applica
Corporate Amicus: August 2012 · 2012-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-august-2012 · Regulations and Rules covering acceptance and utilization of foreign contributions by individuals and entities in India are elaborated in this months' article in "Corporate Amicus". Product/activity group codes have been made mandatory for cost audit reports. Ministry of Corporate Affairs has also
Tax Amicus: August 2012 · 2012-08-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-august-2012 · Service tax liability on the services agreed not to be provided and its interesting combinations with Point of Taxation Rules (POT Rules), is the topic of discussion in this months' "Tax Amicus". Central Board of Excise and Customs (CBEC) has also issued clarification on these Rules in relation to
Corporate Amicus: July 2012 · 2012-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-july-2012 · By Anurag Kapur · Merger of business entities not implies any automatic merger of licences or approvals held by the merging entities. This article in "Corporate Amicus" discusses a recent Delhi High Court order on the subject which also talks of jurisdiction of Telecom Dispute Settlement and Appellate Tribunal (TDS
Tax Amicus: July 2012 · 2012-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-july-2012 · Introduction of Negative List in the Service Tax provisions from July 2012 is one of the landmark changes in the Indian Taxation regime. New Place of Provision of Services Rules have also been notified which supersede earlier Export of Services Rules and Import of Services Rules. Under Central Exc
IPR Amicus: July 2012 · 2012-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-july-2012 · By Prashant Phillips · Copyright (Amendment) Act, 2012 bringing major changes like performer's rights, protection of technological measures and compulsory licensing for benefit of the disabled is the highlight of this issue. Various issues in patent translation covering India, Europe and USA are discussed in the article
International Trade Amicus: July 2012 · 2012-07-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-july-2012 · The Indian system of New Shipper Review under the anti-dumping investigations has various lacunae. The provisions give wide discretionary powers to the investigating authorities. The issues like prospective period of investigation, time period for completing investigation, multiplicity of investig
Corporate Amicus: June 2012 · 2012-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-june-2012 · By Ankur Garg · SEBI has recently replaced its Consent Scheme with a more transparent one. Article in this issue of "Corporate Amicus" discusses the salient features of this new scheme. Ministry of Corporate Affairs has also introduced new guidelines for declaration of financial institutions as Public Financial I
IPR Amicus: June 2012 · 2012-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-june-2012 · The article in this issue of IPR Amicus discusses the European Court of Justice ruling on copyright protection to functionality and language of a computer program. Case-law on copyright in communication of literary or musical works in sound recording, word 'Ayur' being generic, power of Registrar
International Trade Amicus: June 2012 · 2012-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-june-2012 · By Atul Gupta · This first anniversary issue of the "International Trade Amicus" discusses India's measures to impose definitive anti-dumping duty retrospectively from the date of provisional levy after expiry of the latter. In WTO, USA's dolphin safe labels were found to be violative of the Technical Barriers to
Tax Amicus: June 2012 · 2012-06-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-june-2012 · By Anshul Mathur · Tax liability in respect of hire-purchase transactions under various State laws is discussed at length in this issue. The article argues that there is double taxation on processing fees/documentation charges and that standardization of practices and uniformity is the need of the hour. In Central E
Tax Amicus: May 2012 · 2012-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-may-2012 · By Charanya Lakshmikumaran · This issue of "Tax Amicus" carries article pointing to certain anomalies in MRP based valuation/assessment of cosmetics less than 10g or 10ml. "Ratio decidendi" covers CESTAT orders holding Special CVD refund as admissible on goods imported and transferred on right to use basis and that Cenvat cre
Corporate Amicus: May 2012 · 2012-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-may-2012 · Doctrine of 'essential facilities' and its applicability in context of Indian social, economic and market conditions is the topic of discussion in this month's "Corporate Amicus". Some international applications of the said doctrine are also analyzed elaborately in the article. Reserve Bank of Ind
International Trade Amicus: May 2012 · 2012-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-may-2012 · Bilateral Investment Treaties is the topic of discussion in this 12th issue of "International Trade Amicus". While article in this issue analyses whether protection to foreign investors under these treaties is fair and amounts to equitable treatment, USA has released its new model for its bilatera
IPR Amicus: May 2012 · 2012-05-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-may-2012 · The "Article" section features an insight into the practice of divisional patents in India. Amendments to Japanese IP laws came into effect on 1-4-2012. The IPR Law & Procedure section captures some of the major changes like joint technology or product development activities and dispute resolution
Tax Amicus: April 2012 · 2012-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-april-2012 · By Shivam Mehta · This issue of "Tax Amicus" covering major changes brought by Budget 2012 also discusses the features of new Service Tax regime based on Negative List. While Central Excise and Service Tax rates have been raised across the board to 12%, various new rules are being proposed in Service Tax. Cenvat cr
IPR Amicus: April 2012 · 2012-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-april-2012 · This issue begins with a discussion on amendment of patent applications and patents in India covering priority date of a claim, date of filing and various case-law. Proposed changes to Canadian copyright laws and decision of US Court of Appeals in Youtube/ Viacom dispute are covered in appropriate
Corporate Amicus: April 2012 · 2012-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-april-2012 · Article in this issue of "Corporate Amicus" analyses Competition Law and its applicability in sports law while also deliberating upon the question as to whether we can have leagues and club events outside the National Sports Federation. External Commercial Borrowing (ECB) Policy has been further r
International Trade Amicus: April 2012 · 2012-04-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-april-2012 · This issue of "International Trade Amicus" analyses time limit for anti-dumping investigations and India's practice in this regard. Article in this April 2012 issue ponders over whether it is permissible for investigating authority to re-look into investigation after 18 month deadline? In WTO, bot
Corporate Amicus: March 2012 · 2012-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-march-2012 · Downstream investments by entities owned and controlled by resident Indian citizens presently may not be counted for ascertaining indirect foreign investments which are subject to restrictions under the FDI Policy. Article in this issue terms such policy as a blessing in disguise. National Manufac
Tax Amicus: March 2012 · 2012-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-march-2012 · This pre-budget issue of "Tax Amicus" covers article seeking clarifications on various Cenvat credit issues. Cenvat Credit Rules have been further amended to restrict credit availability to units getting inputs from units enjoying area based exemptions. CBE&C has clarified on Central Excise duty e
IPR Amicus: March 2012 · 2012-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-march-2012 · The first compulsory licence was issued by India licensing the production of Sorafenib Tosylate a generic version of anti-cancer drug Nexavar invoking Section 84 of the Patents Act. This landmark order which holds great significance for pharma industry and patent protection in India is discussed i
International Trade Amicus: March 2012 · 2012-03-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-march-2012 · This March 2012 issue of "International Trade Amicus" covers article on anti-dumping duty assessment and combination rates which states that use of combination rates on apprehension of dumping by reseller would result in unnecessary prejudice to producers who are ready to cooperate but are subject
International Trade Amicus: February 2012 · 2012-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-february-2012 · India's new anti-circumvention rule is the topic for discussion this month. Whether these rules, which are set to tighten the anti-dumping provisions, would lead to sudden spurt in anti-dumping investigations? In WTO, the DSB Appellate Body has held that China's export restrictions on certain raw
Tax Amicus: February 2012 · 2012-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-february-2012 · Contractual rights whether constitutes capital assets? Article in this February 2012 issue of "Tax Amicus" dwells upon this topic in the light of recent Supreme Court judgment in the case of Vodafone. Duty structure of gold and silver has been changed both under Central Excise and Customs while cu
Corporate Amicus: February 2012 · 2012-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-february-2012 · Definition of pre-packed commodity has been at the centre of dispute since long and there is no clarity even after introduction of Legal Metrology Act, 2009. Article in this issue of Corporate Amicus holds that intention of the legislature is not to include every packed commodity under the said de
IPR Amicus: February 2012 · 2012-02-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-february-2012 · The decision of Intellectual Property Appellate Board (IPAB) on patentability under Section 3 (k) of the Patents Act, 1970 in case of Yahoo is a major highlight of the issue. Also covered in "Ratio Decidendi" section are the IP protection of trademark' basmati' and copyright infringement in case o
IPR Amicus: January 2012 · 2012-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/ipr-amicus/ipr-amicus-january-2012 · The January 2012 issue of IPR Amicus discusses applicability of learned society exception to publications in the internet in the “Article” section. Highlights under “Statutory Updates” are establishment of IP court in Russia and public notice issued by the Controller General of Patents, Design and
Corporate Amicus: January 2012 · 2012-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/corporate-amicus/corporate-amicus-january-2012 · By Noorul Hassan · Article in this issue of "Corporate Amicus" discusses, categorization of Micro Finance Institutions as Non Banking Financial Company and the benefits flowing out of it. Share holders meeting by video conferencing is now not mandatory as before and 100% FDI, under government approval route, has bee
Tax Amicus: January 2012 · 2012-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/indirect-tax-amicus/tax-amicus-january-2012 · Punitive charges like damages, interest and penalty whether are allowed as deductions under the Income Tax Act if the same are compensatory in nature? Article in this January 2012 issue of "Tax Amicus" while discussing the same, concludes that Maxwell’s faith in the judiciary stands vindicated. Am
International Trade Amicus: January 2012 · 2012-01-01 · (no practice area listed) · https://www.lkslaw.com/insights/newsletters/international-trade-amicus/international-trade-amicus-january-2012 · WTO's dispute settlement mechanism and its effectiveness to provide solutions to trade disputes are discussed this month. Article in this issue of "International Trade Amicus", suggesting penalty before imposition of sanctions, also states that some innovative solutions have to be found out. In WT

## Monographs (16)

IFSCA amends its Fund Management Regulations · 2026-09-29 · General Corporate · https://www.lkslaw.com/insights/monographs/ifsca-amends-its-fund-management-regulations · The IFSCA (Fund Management) (Second Amendment) Regulations, 2026 introduce wide-ranging changes to the regulatory framework for fund management entities and schemes in GIFT-IFSC. Key amendments broaden the definition of "associate”, permit conditional follow-on investments by venture capital schemes, allow differential distribution rights, and mandate independent valuation.
The Evolving Landscape of the Hospitality Sector in India · 2026-08-04 · General Corporate · https://www.lkslaw.com/insights/monographs/the-evolving-landscape-of-the-hospitality-sector-in-india · The hospitality industry in India has emerged as one of the most dynamic and resilient sectors of the economy, playing a pivotal role in shaping the nation’s economic growth. As a vital component of the broader tourism ecosystem, the industry not only serves as a gateway to India’s rich heritage but also significantly contributes to the country’s Gross Domestic Product (“GDP”) and foreign exchange earnings. In recent years, it has transformed into a key driver of development, creating employment opportunities, supporting allied sectors and boosting regional economies. Recognizing the critical role played by this sector, the Government of India has implemented a wide range of targeted initiatives to foster development, modernize infrastructure, enhance service quality and promote India as a leading global tourist destination.
Competition Law Roundup for 2025 · 2026-01-18 · Competition & Antitrust · https://www.lkslaw.com/insights/monographs/competition-law-roundup-for-2025 · We are pleased to share LKS Competition Law Roundup for the year 2025.
Unconditional Stay Of Arbitral Awards · 2025-08-27 · (no practice area listed) · https://www.lkslaw.com/insights/monographs/unconditional-stay-of-arbitral-awards · This monograph examines the statutory and jurisprudential principles applied by the courts while granting a stay of arbitral awards. It attempts to highlight the ambiguities and the direction in which the law may (or ought to) evolve in the future.
Taxation Of The Digital Economy · 2025-08-27 · GST Consultancy · https://www.lkslaw.com/insights/monographs/taxation-of-the-digital-economy · Ahead of the GST council meeting on 17 December, Lakshmikumaran & Sridharan, in this detailed whitepaper, has showcased international best practices in GST for online gaming. According to the report, most countries with a thriving online gaming industry follow a ‘Tax on Gross Gaming Revenue (GGR)’ model. It also cites examples of countries where high taxation and /or incorrect levy on the contest entry amount (CEA) led to revenue loss for the Government and encouraged the growth of the unauthorised offshore betting and gambling platforms.
Foreign Exchange Laws – Guide to investigation, adjudication and appeal · 2025-08-27 · Economic Offences · https://www.lkslaw.com/insights/monographs/foreign-exchange-laws-guide-to-investigation-adjudication-and-appeal · The monograph discusses the manner and steps of investigation, inquiry and adjudication under the Indian Foreign Exchange laws.
Decoding SEBI (LODR) Third Amendment Regulations, 2024 · 2025-08-27 · Securities Law · https://www.lkslaw.com/insights/monographs/decoding-sebi-lodr-third-amendment-regulations-2024 · The monograph discusses the key provisions of the SEBI (Listing Obligations and Disclosure Requirements) (Third Amendment) Regulations, 2024. It also highlights comments from the LKS Corporate Law Team.
Competition Law Yearly Round-Up for 2024 · 2025-08-27 · Competition & Antitrust · https://www.lkslaw.com/insights/monographs/competition-law-yearly-round-up-for-2024 · This yearly round-up recapitulates the competition law highlights of 2024 and is divided into three parts. Part I highlights noteworthy enforcement trends while Part II includes an overview of some of the key combinations reviewed by the CCI. Part III focuses on various regulatory developments.
Rise of W&I insurance in deal making · 2025-08-27 · Mergers & Acquisitions · https://www.lkslaw.com/insights/monographs/rise-of-w-i-insurance-in-deal-making · The monograph discusses the key aspects pertaining to W&I Insurance and highlights the important global trends in its evolution.
Yearly Round up 2021 · 2025-08-27 · Competition & Antitrust · https://www.lkslaw.com/insights/monographs/yearly-round-up-2021 · The Handbook – Yearly Round-Up 2021 summarises the year 2021 from the perspectives of corporate laws, commercial laws, FEMA and SEBI regulations. It also covers summaries of various case law both from the corporate practice and from the direct tax practice area. On direct tax, the handbook elaborately discusses various notifications and circulars, and changes in the Income Tax Act and the Income Tax Rules. It also covers M&A tax updates and judgements.
India’s Real Estate Renaissance · 2024-10-03 · Real Estate · https://www.lkslaw.com/insights/monographs/india-s-real-estate-renaissance · This monograph highlights the key sectors contributing to the growth of the real estate sector in India, the current legal framework, existing policies and the regulatory regime providing scope for greater opportunities in this market.
Farm to Food: Key Trends and Regulatory Outlook in Agritech · 2024-09-12 · General Corporate · https://www.lkslaw.com/insights/monographs/farm-to-food-key-trends-and-regulatory-outlook-in-agritech · This inaugural issue of LKS - In Focus offers a 360 degree view of the industry from legal, regulatory and tax perspectives. The articles span the farm bills, innovations in agritech, trends in the seed industry, climate change, food laws, intellectual property issues relating to agri both from tech and brand perspectives, income tax incentives, and, classification issues relating to food products.
E-Mobility: Key trends and regulatory outlook in electric vehicles · 2024-09-12 · General Corporate · https://www.lkslaw.com/insights/monographs/e-mobility-key-trends-and-regulatory-outlook-in-electric-vehicles · The latest issue of “LKS - IN FOCUS” provides a 360-degree view of the E-mobility sector that seems of be the future of automobiles in the country. It covers articles on important topics surrounding electric vehicles in India. Talking about the affordability and desirability, the articles cover the policy and regulatory environment and the electric vehicle charging infrastructure. Further, covering topics like telematics: the new frontier in AutoTech, collaboration and acquisitions among automakers, various authors also deal with commercial contracts for the EV industry and tax on lithium-ion batteries.
LKS Investing In India · 2024-09-12 · Mergers & Acquisitions · https://www.lkslaw.com/insights/monographs/lks-investing-in-india · India is a booming G20 economy. As per the IMF, India is ‘easily’ the fastest growing economy in the world. The Indian economy’s rapid growth has been attributed to the government of India (“GOI”) increasing focus towards higher capital expenditure over the last few years.1 It has seen consistent economic growth over the last decade and has a high future potential, thanks to its burgeoning middle class with increasing disposable incomes, several high net worth individuals and a stable democracy. It is also one of the relatively newer industrialised countries of the world and has a large and growing base of educated and skilled manpower.
GST on online gaming · 2024-09-12 · GST Consultancy · https://www.lkslaw.com/insights/monographs/gst-on-online-gaming · LKS analysis of the Group of Ministers (GOM) report on online gaming. The analysis also covers latest legislative developments impacting GST on online gaming, while talking about implications of the Information Technology Rules on GST, comparative analysis of legal status & business models of lottery vs online gaming, and services vs goods argument for online gaming.
LKS Impact of the Proposed Taxation · 2024-08-04 · Direct Tax · https://www.lkslaw.com/insights/monographs/lks-impact-of-the-proposed-taxation · White Paper on taxability of online gaming income. It covers the overview of the online skill gaming industry, income-tax with respect to the gaming income, and elaborately discusses the taxability aspects of online gaming income as proposed by the Finance Bill, 2023. We also suggest few recommendations in this regard.

## Media (37)

Budget 2025 Expectations: Will FM Sitharaman announce reform policies for a taxpayer-friendly tax regime? · 2025-10-30 · (no practice area listed) · https://www.lkslaw.com/insights/media/budget-2025-expectations-will-fm-sitharaman-announce-reform-policies-for-a-taxpayer-friendly-tax-regime
Next GST Council meeting may eliminate 12% tax slab and shift items to other slabs · 2025-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/media/next-gst-council-meeting-may-eliminate-12-tax-slab-and-shift-items-to-other-slabs
Lakshmikumaran And Sridharan Attorneys Advised Shareholders Of Oremus Corporate Services On Acquisition By Fornax Corporate Services · 2025-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/media/lakshmikumaran-and-sridharan-attorneys-advised-shareholders-of-oremus-corporate-services-on-acquisition-by-fornax-corporate-services
Lakshmikumaran & Sridharan Attorneys Advises LÄPPLE Group · 2025-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/media/lakshmikumaran-and-sridharan-attorneys-advises-l-ae-pple-group
Insertion Of Sub-Sections 18(1B) And (1C) And Its Impact On Provisional Assessment Timeline In Cases Of Verification Of Origin In Terms Of FTA · 2025-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/media/insertion-of-sub-sections-18-1-b-and-1-c-and-its-impact-on-provisional-assessment-timeline-in-cases-of-verification-of-origin-in-terms-of-fta
Fornax acquires Oremus Corporate Services; Lakshmikumaran and Sridharan Attorneys advises Oremus · 2025-10-26 · (no practice area listed) · https://www.lkslaw.com/insights/media/fornax-acquires-oremus-corporate-services-lakshmikumaran-and-sridharan-attorneys-advises-oremus
New Income Tax Bill 2025: Uncovering the Real Policy Shifts · 2025-10-21 · (no practice area listed) · https://www.lkslaw.com/insights/media/new-income-tax-bill-2025-uncovering-the-real-policy-shifts
Compliance Obligations For Engaging Women In Night Shifts In Commercial Establishments · 2025-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/media/compliance-obligations-for-engaging-women-in-night-shifts-in-commercial-establishments
Punjab & Haryana High Court Notice To Central Government Over CGST Rules’ Amnesty Scheme · 2025-10-19 · (no practice area listed) · https://www.lkslaw.com/insights/media/punjab-and-haryana-high-court-notice-to-central-government-over-cgst-rules-amnesty-scheme
Exercising Higher Pension under EPS: Analysing the Supreme Court Verdict and the Post-Judgment Challenges · 2025-06-29 · (no practice area listed) · https://www.lkslaw.com/insights/media/exercising-higher-pension-under-eps-analysing-the-supreme-court-verdict-and-the-post-judgment-challenges
Rising GST Collections: An opportunity to Streamline Taxation · 2025-05-27 · (no practice area listed) · https://www.lkslaw.com/insights/media/rising-gst-collections-an-opportunity-to-streamline-taxation
Chartering the troubled waters of accommodation services under GST · 2025-04-27 · (no practice area listed) · https://www.lkslaw.com/insights/media/chartering-the-troubled-waters-of-accommodation-services-under-gst
GST as Operational Debt? · 2025-04-10 · (no practice area listed) · https://www.lkslaw.com/insights/media/gst-as-operational-debt
ITAT Extends Relief To Owners Of Taj Hotel Group, Sets Aside Reassessment Action Initiated Based On ED Report · 2025-04-09 · (no practice area listed) · https://www.lkslaw.com/insights/media/itat-extends-relief-to-owners-of-taj-hotel-group-sets-aside-reassessment-action-initiated-based-on-ed-report
Redefining Local Authority under GST Laws · 2025-04-02 · (no practice area listed) · https://www.lkslaw.com/insights/media/redefining-local-authority-under-gst-laws
Reserve Goods at Crossroads: How to bridge the gap between compliances under Drugs law and GST? · 2025-03-31 · (no practice area listed) · https://www.lkslaw.com/insights/media/reserve-goods-at-crossroads-how-to-bridge-the-gap-between-compliances-under-drugs-law-and-gst-1
Expanding ISD Horizons - Navigating New Laws & Compliance Challenges Free · 2025-03-30 · (no practice area listed) · https://www.lkslaw.com/insights/media/expanding-isd-horizons-navigating-new-laws-and-compliance-challenges-free
Foreign business reorganisations: unravelling the tax implications in India · 2025-03-20 · (no practice area listed) · https://www.lkslaw.com/insights/media/foreign-business-reorganisations-unravelling-the-tax-implications-in-india
Unsettling the settled: The growing influence of Legislative Amendments on Judicial Oversight · 2025-03-14 · (no practice area listed) · https://www.lkslaw.com/insights/media/unsettling-the-settled-the-growing-influence-of-legislative-amendments-on-judicial-oversight
Boost To EV Battery Manufacturing: A Step Towards Achieving Sustainable Climate Goals? · 2025-03-06 · (no practice area listed) · https://www.lkslaw.com/insights/media/boost-to-ev-battery-manufacturing-a-step-towards-achieving-sustainable-climate-goals
Delhi High Court Disallows Additional IGST On Re-Import Of Aircraft Imposed By Customs Dept · 2025-03-06 · (no practice area listed) · https://www.lkslaw.com/insights/media/delhi-high-court-disallows-additional-igst-on-re-import-of-aircraft-imposed-by-customs-dept
LKS supports Fibro India deal as part of LÄPPLE restructure · 2025-03-05 · (no practice area listed) · https://www.lkslaw.com/insights/media/lks-supports-fibro-india-deal-as-part-of-l-ae-pple-restructure
Tonnage Tax Scheme for Inland Water Transport · 2025-03-03 · (no practice area listed) · https://www.lkslaw.com/insights/media/tonnage-tax-scheme-for-inland-water-transport
Sunset of the Settlement Commission — Impact, Challenges and Interim Measure · 2025-03-02 · (no practice area listed) · https://www.lkslaw.com/insights/media/sunset-of-the-settlement-commission-impact-challenges-and-interim-measure
A case of tariff rationalization amidst tariff wars · 2025-02-26 · (no practice area listed) · https://www.lkslaw.com/insights/media/a-case-of-tariff-rationalization-amidst-tariff-wars
Pre-deposit of Penalties: Finance Bill, 2025 at variance with Council recommendation! · 2025-02-25 · (no practice area listed) · https://www.lkslaw.com/insights/media/pre-deposit-of-penalties-finance-bill-2025-at-variance-with-council-recommendation
Budget 2025 Update: Classification hurdle removed for Mobile Phone Industry · 2025-02-10 · (no practice area listed) · https://www.lkslaw.com/insights/media/budget-2025-update-classification-hurdle-removed-for-mobile-phone-industry
Levy of GST on Assignment of Leasehold Rights: Aftermath of Gujarat High Court’s verdict … · 2025-02-02 · (no practice area listed) · https://www.lkslaw.com/insights/media/media-2
2025 Budget: Expert Reactions From Lakshmikumaran & Sridharan Attorneys · 2025-01-31 · (no practice area listed) · https://www.lkslaw.com/insights/media/2025-budget-expert-reactions-from-lakshmikumaran-and-sridharan-attorneys
CESTAT Rules In Favor Of Secure Meters On Classification of Communication Modules · 2025-01-30 · (no practice area listed) · https://www.lkslaw.com/insights/media/cestat-rules-in-favor-of-secure-meters-on-classification-of-communication-modules
Budget 2025: Expectations for a Tax Regime Overhaul · 2025-01-29 · (no practice area listed) · https://www.lkslaw.com/insights/media/media-1
Budget 2025: Will Income Tax Act get simpler? Changes to watch out for · 2025-01-28 · (no practice area listed) · https://www.lkslaw.com/insights/media/budget-2025-will-income-tax-act-get-simpler-changes-to-watch-out-for
Bharti Airtel Judgment: Analysis, Implications and Way Forward · 2025-01-23 · (no practice area listed) · https://www.lkslaw.com/insights/media/bharti-airtel-judgment-analysis-implications-and-way-forward
GST Outlook in the 2025 Budget · 2025-01-22 · (no practice area listed) · https://www.lkslaw.com/insights/media/gst-outlook-in-the-2025-budget
Lakshmikumaran & Sridharan Attorneys advises IndiaMART's secondary acquisition of Mobisy Technologies. · 2025-01-15 · (no practice area listed) · https://www.lkslaw.com/insights/media/lakshmikumaran-and-sridharan-attorneys-advises-india-mart-s-secondary-acquisition-of-mobisy-technologies-1
Lakshmikumaran & Sridharan Attorneys advises IndiaMART's secondary acquisition of Mobisy Technologies. · 2025-01-15 · Arbitration · https://www.lkslaw.com/insights/media/lakshmikumaran-and-sridharan-attorneys-advises-india-mart-s-secondary-acquisition-of-mobisy-technologies
The GST Puzzle: Are Electronic Commerce Operators the Service Providers or Just Facilitators? · 2025-01-09 · Arbitration · https://www.lkslaw.com/insights/media/the-gst-puzzle-are-electronic-commerce-operators-the-service-providers-or-just-facilitators · By Shivam Mehta, Shubham Vijay

## People (134)

A S Aniruddha · Associate Partner · https://www.lkslaw.com/people/aniruddha-as
Agrim Arora · Associate Partner · https://www.lkslaw.com/people/agrim-arora
Akhilesh Kangsia · Partner · https://www.lkslaw.com/people/akhilesh-kangsia
Amar Pratap Singh · Executive Partner · https://www.lkslaw.com/people/amar-pratap-singh
Anand Nainawati · Executive Partner · https://www.lkslaw.com/people/anand-nainawati
Ankur Garg · Partner · https://www.lkslaw.com/people/ankur-garg
Ankur Sharma · Partner · https://www.lkslaw.com/people/ankur-sharma
Anshul Mathur · Executive Partner · https://www.lkslaw.com/people/anshul-mathur
Anupam Misra · Associate Partner · https://www.lkslaw.com/people/anupam-misra
Anurag Kapur · Partner · https://www.lkslaw.com/people/anurag-kapur
Apeksha Bansal · Associate Partner · https://www.lkslaw.com/people/apeksha-bansal
Archana Viswanathan · Associate Partner · https://www.lkslaw.com/people/archana-viswanathan
Aruna Verma · Associate Partner · https://www.lkslaw.com/people/aruna-verma
Asish Philip Abraham · Executive Partner · https://www.lkslaw.com/people/asish-philip-abraham
Astha Sinha · Associate Partner · https://www.lkslaw.com/people/astha-sinha
Atul Gupta · Executive Partner · https://www.lkslaw.com/people/atul-gupta
Balaji Sai Krishnan · Associate Partner · https://www.lkslaw.com/people/balaji-sai-krishnan
Bharathi Krishnaprasad · Director · https://www.lkslaw.com/people/bharathi-krishnaprasad
Bipin Kumar Verma · Senior Partner · https://www.lkslaw.com/people/bipin-kumar-verma
Chaitanya R. Bhatt · Partner · https://www.lkslaw.com/people/chaitanya-r.-bhatt
Charanya Lakshmikumaran · Executive Partner · https://www.lkslaw.com/people/charanya-lakshmikumaran
Charulatha Rajaji · Partner · https://www.lkslaw.com/people/charulatha-rajaji
D. Kalirajan · Associate Partner · https://www.lkslaw.com/people/d.-kalirajan
Darshan Chandrakant Machchhar · Partner · https://www.lkslaw.com/people/darshan-machchhar
Deepro Sen · Partner · https://www.lkslaw.com/people/deepro-sen
Devashish Jain · Associate Partner, New Delhi · https://www.lkslaw.com/people/devashish-jain
Devinder Bagia · Executive Partner · https://www.lkslaw.com/people/devinder-bagia
Dhruv Matta · Partner · https://www.lkslaw.com/people/dhruv-matta
Dhruv Tiwari · Associate Partner · https://www.lkslaw.com/people/dhruv-tiwari
Dinesh Babu Eedi · Partner · https://www.lkslaw.com/people/dinesh-babu-eedi
Disha Bhandari · Partner · https://www.lkslaw.com/people/disha-jain
Divya Bhardwaj · Associate Partner, New Delhi · https://www.lkslaw.com/people/divya-bhardwaj
Divyashree Suri · Associate Partner, New Delhi · https://www.lkslaw.com/people/divyashree-suri
Gajendra Jain · Senior Partner · https://www.lkslaw.com/people/gajendra-jain
Gaurav Dayal · Executive Partner · https://www.lkslaw.com/people/gaurav-dayal
Gopakrushna Das · Partner · https://www.lkslaw.com/people/gopakrushna-das
Gopal Machiraju · Partner · https://www.lkslaw.com/people/gopal-machiraju
Harshdeep Singh Khurana · Associate Director · https://www.lkslaw.com/people/harshdeep-singh-khurana
Harshit Khurana · Associate Partner · https://www.lkslaw.com/people/harshit-khurana
Ishan Bhatt · Associate Partner · https://www.lkslaw.com/people/ishan-bhatt
Jay Manoj Chheda · Partner · https://www.lkslaw.com/people/jay-manoj-chheda
Jaya Pandeya · Executive Partner · https://www.lkslaw.com/people/jaya-pandeya
Jayesh Talreja · Associate Partner · https://www.lkslaw.com/people/jayesh-talreja
Jigar Shah · Executive Partner · https://www.lkslaw.com/people/jigar-shah
Jyoti Pal · Partner · https://www.lkslaw.com/people/jyoti-pal
K. Srikanth · Executive Partner · https://www.lkslaw.com/people/k.-srikanth
Kalpesh Shah · Senior Partner · https://www.lkslaw.com/people/kalpesh-shah
Karthik S. Nair · Associate Partner · https://www.lkslaw.com/people/karthik-s.-nair
Krati Singh · Executive Partner · https://www.lkslaw.com/people/krati-singh
Krithika Jaganathan · Partner · https://www.lkslaw.com/people/krithika-jaganathan
Kruti Parashar · Associate Partner · https://www.lkslaw.com/people/kruti-parashar
Kumar Panda · Associate Partner · https://www.lkslaw.com/people/kumar-panda
Kunal Aggarwal · Associate Partner · https://www.lkslaw.com/people/kunal-aggarwal
Kunal Arora · Partner · https://www.lkslaw.com/people/kunal-arora
Kunal Kapoor · Partner, New Delhi · https://www.lkslaw.com/people/kunal-kapoor
Kunal Nikumbh · Partner · https://www.lkslaw.com/people/kunal-nikumbh
Kundan Kumar · Associate Partner · https://www.lkslaw.com/people/kundan-kumar
L. Badri Narayanan · Executive Partner · https://www.lkslaw.com/people/l.-badri-narayanan
Madhura Khandekar · Associate Partner · https://www.lkslaw.com/people/madhura-khandekar
Mahendra Singh · Associate Partner · https://www.lkslaw.com/people/mahendra-singh
Malathi Lakshmikumaran · Executive Director · https://www.lkslaw.com/people/malathi-lakshmikumaran
Manish Gaur · Senior Partner · https://www.lkslaw.com/people/manish-gaur
Manish Jain · Partner · https://www.lkslaw.com/people/manish-jain
Manish Singh Bhadauria · Associate Partner · https://www.lkslaw.com/people/manish-singh-bhadauria
Mathivanan N. · Principal Partner · https://www.lkslaw.com/people/mathivanan-n.
Nambirajan R. · Principal Partner · https://www.lkslaw.com/people/nambirajan-r.
Narasimhan B. L. · Principal Partner · https://www.lkslaw.com/people/narasimhan-b.-l.
Narendra Dave · Executive Partner · https://www.lkslaw.com/people/narendra-dave
Neelambera Sandeepan · Partner · https://www.lkslaw.com/people/neelambera-sandeepan
Neha Sharma · Associate Partner · https://www.lkslaw.com/people/neha-sharma
Nirav Sanjay Karia · Partner · https://www.lkslaw.com/people/nirav-sanjay-karia
Nitum Jain · Associate Partner · https://www.lkslaw.com/people/nitum-jain
Noorul Hassan · Executive Partner · https://www.lkslaw.com/people/noorul-hassan
Nupoor Agrawal · Executive Partner · https://www.lkslaw.com/people/nupoor-agrawal
Nupur Maheshwari · Executive Partner · https://www.lkslaw.com/people/nupur-maheshwari
Pareesha Gupta · Partner · https://www.lkslaw.com/people/pareesha-gupta
Paritosh Chauhan · Partner · https://www.lkslaw.com/people/paritosh-chauhan
Payal Nahar · Partner · https://www.lkslaw.com/people/payal-nahar
Prachi Bhardwaj · Associate Director · https://www.lkslaw.com/people/prachi-bhardwaj
Prashant Phillips · Executive Partner · https://www.lkslaw.com/people/prashant-phillips
Prathiba Karthikeyan · Partner · https://www.lkslaw.com/people/prathiba-karthikeyan
Pratyush Jain · Associate Partner · https://www.lkslaw.com/people/pratyush-jain
Priyanka Kalwani · Partner · https://www.lkslaw.com/people/priyanka-kalwani
Prosenjit Chattopadhyay · Partner · https://www.lkslaw.com/people/prosenjit-chattopadhyay
R. Sahana · Partner · https://www.lkslaw.com/people/r.-sahana
Rachit Arora · Associate Director · https://www.lkslaw.com/people/rachit-arora
Rachit Jain · Executive Partner · https://www.lkslaw.com/people/rachit-jain
Raghav Sarda · Partner · https://www.lkslaw.com/people/raghav-sarda
Raghavan Ramabadran · Senior Partner · https://www.lkslaw.com/people/raghavan-ramabadran
Rahul Tangri · Executive Partner · https://www.lkslaw.com/people/rahul-tangri
Rajesh Ostwal · Executive Partner · https://www.lkslaw.com/people/rajesh-ostwal
Ranadeep Voriganti · Associate Director · https://www.lkslaw.com/people/ranadeep-voriganti
Ratan Jain · Executive Partner · https://www.lkslaw.com/people/ratan-jain
Ravi Raghavan · Senior Partner · https://www.lkslaw.com/people/ravi-raghavan
Ravi Sawana · Partner · https://www.lkslaw.com/people/ravi-sawana
Rohan Karia · Associate Partner · https://www.lkslaw.com/people/rohan-karia
Rohan Muralidharan · Partner · https://www.lkslaw.com/people/rohan-muralidharan
Rohan Verma · Associate Partner · https://www.lkslaw.com/people/rohan-verma
Rohini Mukherjee · Partner · https://www.lkslaw.com/people/rohini-mukherjee
S. Sriram · Executive Partner · https://www.lkslaw.com/people/s-sriram
S. Vasudevan · Senior Partner · https://www.lkslaw.com/people/s.-vasudevan
Sahil Parghi · Partner · https://www.lkslaw.com/people/sahil-parghi
Sameer Avasarala · Associate Partner, Hyderabad · https://www.lkslaw.com/people/sameer-avasarala
Samyak Lohade · Associate Partner · https://www.lkslaw.com/people/samyak-lohade
Santhana Gopalan · Partner · https://www.lkslaw.com/people/santhana-gopalan
Satya Sai · Partner · https://www.lkslaw.com/people/satya-sai
Saurabh Malpani · Partner · https://www.lkslaw.com/people/saurabh-malpani
Shagun Arora · Partner · https://www.lkslaw.com/people/shagun-arora-1
Shambhavi Mishra · Associate Partner · https://www.lkslaw.com/people/shambhavi-mishra
Shankar Rochlani · Director · https://www.lkslaw.com/people/shankar-rochlani
Shipra Verma · Associate Partner · https://www.lkslaw.com/people/shipra-verma
Shivam Mehta · Executive Partner · https://www.lkslaw.com/people/shivam-mehta
Shreyash Agrawal · Associate Partner · https://www.lkslaw.com/people/shreyash-agrawal
Shubham Vijay · Partner · https://www.lkslaw.com/people/shubham-vijay
Shweta Walecha · Executive Partner · https://www.lkslaw.com/people/shweta-walecha
Srabonee Roy · Partner · https://www.lkslaw.com/people/srabonee-roy
Srinidhi Ganeshan · Partner · https://www.lkslaw.com/people/srinidhi-ganeshan
Sriram Sridharan · Partner · https://www.lkslaw.com/people/sriram-sridharan
Sudeshna Banerjee · Partner · https://www.lkslaw.com/people/sudeshna-banerjee
Sudin Sabnis · Partner · https://www.lkslaw.com/people/sudin-sabnis
Sukriti Das · Partner · https://www.lkslaw.com/people/sukriti-das
Sumanth Chanda · Partner · https://www.lkslaw.com/people/sumanth-chanda
Sushrut Biswal · Partner · https://www.lkslaw.com/people/sushrut-biswal
Syed Peeran · Executive Partner · https://www.lkslaw.com/people/syed-peeran
Tanya Garg · Associate Partner, New Delhi · https://www.lkslaw.com/people/tanya-garg
V. Lakshmikumaran · Founder & Managing Partner · https://www.lkslaw.com/people/v.-lakshmikumaran
V. Sridharan · Co-founder & Senior Advocate · https://www.lkslaw.com/people/v.-sridharan
Vatsal Bhansali · Associate Partner, Mumbai · https://www.lkslaw.com/people/vatsal-bhansali
Venkat Ramanan · Associate Director · https://www.lkslaw.com/people/venkat-ramanan
Vinay Jain · Executive Partner · https://www.lkslaw.com/people/vinay-jain
Vindhya S. Mani · Partner · https://www.lkslaw.com/people/vindhya-s.-mani
Vinod Joseph · Partner · https://www.lkslaw.com/people/vinod-joseph
Viswanathan T. · Principal Partner · https://www.lkslaw.com/people/viswanathan-t.
Yogendra Aldak · Executive Partner · https://www.lkslaw.com/people/yogendra-aldak