articles
Goods and Services Tax
Tax relief on Grants: Not to be taken for grant-ed!
29 一月 2024
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.
Intellectual Property
Are ‘trappings of a court’ enough to cloth an order of an authority under Section 2(14) of CPC?
24 一月 2024
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.
Direct Tax
Interplay between foreign taxpayers’ global profits and PE profit attribution
22 一月 2024
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.
Intellectual Property
Geographical Indications – Madhya Pradesh High Court elucidates registered proprietor’s rights
16 一月 2024
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.
Intellectual Property
The vigour that Form-3 carries – Delhi High Court imposes costs for material suppression and misrepresentation of facts
16 一月 2024
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.
Corporate, Mergers & Acquisitions / PE
Future of targeted and behavioral advertising in India – Analysing CJEU’s Judgment on Meta Platforms
15 一月 2024
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.
Corporate, Mergers & Acquisitions / PE
Plastic Waste Management Rules revised – Analysis of significant changes
05 一月 2024
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.
Corporate
Demystifying the Dark Patterns
03 一月 2024
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.
Customs
Locking horns over ‘free’ and ‘restricted’
28 十二月 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. 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.
Intellectual Property
Scope of ‘known substance’ under Patents Act Section 3(d): Madras High Court elaborates
26 十二月 2023
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.
Corporate
Regulation of Dark Patterns
19 十二月 2023
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.
Intellectual Property
Registrability of trademarks derived from generic names in Pharma Industry – Madras High Court analyses and propounds test to strike a balance
18 十二月 2023
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.
Direct Tax
Income-tax implications of issues of shares at a discount
18 十二月 2023
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.
International Trade & WTO
CJEU invalidates Non-Preferential Rules of Origin – A ray of hope for Indian exporters of seamless stainless-steel pipes and tubes to EU
05 十二月 2023
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
Goods and Services Tax
The equivocal nature of the advisory regarding Input Tax Credit (ITC) reversal under Rule 37(A)
04 十二月 2023
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.
Goods and Services Tax
The bittersweet classification of Flavoured Milk
30 十一月 2023
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.
Corporate
Cross-border payments for Indian businesses – Impact of RBI’s new guidelines
29 十一月 2023
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.
Direct Tax
SC Ruling on MFN Clause in Tax Treaty: A conundrum for the tax deductors in India?
20 十一月 2023
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.
Intellectual Property
Product-by-Process: Perception by Indian Patent Law
14 十一月 2023
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.