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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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Direct Tax

Disallowance under Section 14A proposed even in absence of exempt income: Tax net tightened in Budget 2022?

21 三月 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’).

Customs

Evolving EV ecosystem in India

25 二月 2022

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.

International Trade & WTO

Exclusion of Standard-Compliant Products from the scope of the PUC – Final Findings in Welded Stainless Steel and Pipes

25 二月 2022

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.

Intellectual Property

Prior use v. registered trademark – An analysis of Section 34 of Trade Marks Act, 1999

24 二月 2022

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...

Corporate

Taxing of crypto gains – Ushering in a new era of regulation

23 二月 2022

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…

Direct Tax

Dilemma of formation by reconstruction or splitting-up of existing business – A deterrent to income-tax benefits?

15 二月 2022

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.

International Trade & WTO

India – sugar subsidies: A bitter verdict at the WTO

01 二月 2022

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 and Antitrust

Competition Law in India – 2021, a year in review

31 一月 2022

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.

Intellectual Property

Delhi High Court lays down rules of claim construction – Literal rule of interpretation to be applied while interpreting claims

28 一月 2022

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.

Customs, Goods and Services Tax

Westinghouse Saxby Farmer Ltd. – The saga continues

25 一月 2022

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.

Goods and Services Tax

Valuation under GST – When price is not the sole consideration for a supply?

24 一月 2022

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.

Corporate, Mergers & Acquisitions / PE

Laws related to economic offences – A primer

17 一月 2022

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.

Direct Tax

Reassessment notices issued under old regime – An attempt to revive a dead law?

17 一月 2022

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.

International Trade & WTO

Finance Ministry’s decision not to impose anti-dumping duty – Blurred lines

27 十二月 2021

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.

Direct Tax

Taxability of interest on provident funds

22 十二月 2021

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.

Goods and Services Tax

Taxing times ahead for textile sector?

20 十二月 2021

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.

Demystifying the scope of amendments in patent claims – Indian jurisdiction

20 十二月 2021

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’).

Corporate

SEBI’s new norms for related party transactions – An overview

16 十二月 2021

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’),

Competition and Antitrust

Leniency, dawn raid & penalty | A case of cartelization in the beer market

26 十一月 2021

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”),

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