News
Faceless Assessment Scheme does not mean no personal hearing – Word ‘may in Section 144B(7)(viii) should be read as ‘must’ or ‘shall’
17 一月 2022
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
11 一月 2022
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
07 一月 2022
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
04 一月 2022
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
13 十二月 2021
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
09 十二月 2021
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
06 十二月 2021
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
26 十一月 2021
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
10 十一月 2021
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
01 十一月 2021
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.