articles
International Trade & WTO
Imports by the domestic industry – Law and practice in India
19 十月 2021
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’.
Direct Tax
CSR Regulations and charitable institutions – Recent developments
18 十月 2021
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.
Goods and Services Tax
Asset distribution on retirement of partners – A transaction with multiple GST issues
30 九月 2021
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.
Competition and Antitrust
Vertical restraints: A competition analysis of car dealer discount policy
29 九月 2021
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.
Intellectual Property
Meritorious win: Patentability of computer related inventions in India
27 九月 2021
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.
Corporate
Prepaid Instruments – An analysis of master directions issued by RBI
20 九月 2021
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’).
Direct Tax
Deciphering the scope of ‘goods’-A labyrinthine task!
20 九月 2021
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.
Direct Tax
Rollback of retro tax: A step in the right direction
17 九月 2021
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.
International Trade & WTO
Circumvention of ADD on ‘ceramic tableware and kitchenware, excluding knives and toilet items’ from China, by imports from Malaysia – A case analysis
10 九月 2021
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.
Intellectual Property
Unconventional trademarks: A roadmap to the future
30 八月 2021
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.
Customs
RoDTEP Scheme – Should it work within the budgetary limit?
27 八月 2021
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.
Direct Tax
‘Liable to Tax’: History and impact on Treaties
23 八月 2021
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.
Corporate
Status of registration for arbitration under MSME Act, 2006
19 八月 2021
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.
Corporate
Plastic Waste Management (Amendment) Rules, 2021: Wading through the Uncharted Territory of Plastic Waste Management
19 八月 2021
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.
International Trade & WTO
To exclude or not to exclude: Practice on product exclusions
04 八月 2021
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.
Goods and Services Tax
Shifting the burden of indirect taxes: A contract conundrum
27 七月 2021
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.
Competition and Antitrust
Draft E-commerce Rules: Blurring the lines between Consumer Protection and Competition Law
27 七月 2021
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.
Intellectual Property
Rule of anti-dissection v. Rule of dominant feature – A legal conundrum
24 七月 2021
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.
Direct Tax
Capital Gains arising out of Joint Development Agreements – Analysis of Section 45(5A) of Income-tax Act
22 七月 2021
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.