New Service Tax Regime – Agreeing to be taxed
By Dr. G. Gokul Kishore
The new Service Tax regime based on negative list has been in operation for a little over one month. Among the numerous changes brought in by the new dispensation, Section 66B of Finance Act, 1994, the new charging section, deserves particular mention. In the earlier regime also, services which are currently not provided but are likely to be provided prospectively ha...
Anti-dumping duty on ‘unknown’ exporters
By Bhargav Mansatta
In anti-dumping investigations, ‘all others’ rate is intended to cover exporters who have not participated. Two categories of exporters can actually form part of the ‘all others’ rate i.e. ‘known’ exporters who failed to participate and ‘unknown’ exporters who did not participate in the anti-dumping investigation. As a matter or practice, anti-dumping duty is genera...
Negative List – Need to re-visit business transactions
By Kapil Sharma and Narendra Kumar Singhvi
There is a paradigm shift in the way services will be taxed from this month (July, 2012) onwards. Under the new regime, all services, which are not included in what is popularly known as ‘negative list of services’, will be taxed. The negative list approach to levy service tax has substantially altered service tax law impacting transactions in...
Patent translation – An important aspect of patent protection
By Prashant Phillips & Manish Singh
Incredible growth of businesses and advancement in technology in recent times has expanded the horizons of the patent landscape, which now cuts across international boundaries. This growth has transformed a seemingly small focus area related to patents – patent translation - into an area which is now considered as very important by both patent autho...
Telecom mergers redefined
By Sugandha Kapur
Mergers and amalgamations are an important tool for corporate strategy and structuring. On this subject, the division bench of the Delhi High Court ruled (13 July 2012) inter alia, in the case of Idea Cellular Limited v. Union of India (Company Appeal Nos. 42 & 67 of 2011) that amalgamation of companies and licenses held by the merging companies are entirely independent...
SEBI overhauls consent scheme
By Natasha Garg
The initial framework for consent orders by Securities and Exchange Board of India (“SEBI”) was set out in SEBI Circular No. EFD/ED/Cir.-01/2007 of 20th April 2007. In recent times, the SEBI’s consent orders were criticised for lack of transparency and that at times, serious violators walked away by paying a small penalty, which was miniscule compared to the nature of the brea...
Taxability of hire purchase transactions in India
By Anshul Mathur
Hire purchase transactions are essential for industry and business houses in acquiring equipments necessary for stimulating growth. However, meticulous planning is required to arrange financing of the assets for making timely payments. Hire purchase is a financial facility which allows a business to use an asset over a fixed period, in return for regular payments. When a...
Levy of provisional anti-dumping measures in India
By Atul Gupta
Anti-dumping duty is a trade remedy measure against the unfair practice of injurious dumping. An anti-dumping duty shall be imposed only pursuant to a determination of dumping, injury and causal link made in accordance with the provisions of the Anti-dumping Agreement (ADA). However, to conduct an investigation as required under the provisions of the ADA would require time....
Computer program - No copyright protection to functionality and language
By Subhash Bhutoria
In a recent decision by the European Union’s Court of Justice (CJEU) the Court has opined that the functionality and language of a computer program do not enjoy copyright protection under the EU directives. This article aims to highlight the EU Court’s interpretation of the EU directives and further analyze the case on hand.
The matter SAS Institute Inc. (‘SAS’) v...
The destiny of essential facilities in India
By Sundar Ramanathan
In the first three years, the Competition Commission of India (CCI) has pro-actively adjudicated a large number of matters and issued large penalties, which are under appeal but has made industry sit up and take notice. CCI is now increasingly viewed as a key player in ensuring free play of market forces in our economy. In the coming days, the CCI is expec...
Divisional patents in India
By Ranjan Matthew
Divisional patent applications, as the name indicates, are those patent applications that have been divided from another patent application, also referred to as a parent application. Generally, when a patent application is examined and found to have more than one inventive concept, the examining authority may require the applicant of said patent applicatio...
BITs - Is foreign investor protection ‘fair and equitable treatment’?
The UNCITRAL (United Nations Commission on International Trade Law) recently ruled in favour of White Industries, Australia holding that, by inordinate delay in enforcing the award granted by the ICC Arbitration Tribunal, India had failed to provide adequate safeguard to foreign investment. Two telecom majors Sistema and Telenor have initiated proceedings under the Bilateral I...