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新闻简报

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

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RoDTEP benefit extended to exports by Advance Authorisation holders and by EOU and SEZ units

13 三月 2024

The Ministry of Commerce and Industry has extended the benefit of Scheme for Remission of Duties and Taxes on Exported Products (‘RoDTEP’) on exports by Advance Authorisation holders, and by Export Oriented Units and units in Special Economic Zones.

Imports under Advance Authorisations, and by EOUs and SEZ units – Compliance with certain QCOs relaxed

12 三月 2024

The Ministry of Commerce and Industry has relaxed the compliance requirements under Quality Control Orders (‘QCOs’) issued by Ministry of Steel, Department for Promotion of Industry and Internal Trade (DPIIT) and Ministry of Textiles in case of imports by holders of Advance Authorisations (‘AA’), Export Oriented Units (‘EOUs’) and units in Special Economic Zones (‘SEZs’) for utilization/consumption in manufacture of export products.

Copyrights – Suit against groundless threat of legal proceedings becomes infructuous once ‘action’ for copyright infringement is initiated

07 三月 2024

The Bombay High Court has held that once an action is initiated for the alleged infringement of copyright by the person who claims to be the owner thereof, albeit bona fide and with due diligence, the remedy for the alleged groundless threat of legal proceeding (under Section 60 of the Copyright Act), with the opponent, ceases to operate.

13th Ministerial Conference at Abu Dhabi – Key highlights

05 三月 2024

The WTO’s 13th Ministerial Conference (MC13) was recently held from 26th February to 1st March. The key takeaways from the Abu Dhabi Ministerial Declaration and other Ministerial Decisions are as follows.

No confiscation even if classification or exemption is not in conformity with the Department’s view or held not correct in appellate proceedings

28 二月 2024

The CESTAT New Delhi has held that classification of goods by the importer, even if the same is not in conformity with re-assessment by the proper officer or even if it is held to be not correct in any appellate proceedings, does not render goods liable to confiscation under Section 111(m) of the Customs Act, 1962.

Venture Capital Funds, rendering services of asset management, are not liable to service tax

20 二月 2024

The Karnataka High Court has set aside the CESTAT Order which had held that a Venture Capital Fund (VCF) set up as a Trust is a ‘distinct entity’ separate from its contributors/investors. Disregarding the principle of mutuality of interest, the Tribunal had held that a VCF was rendering taxable services of portfolio or asset management to its contributors for a consideration on which service tax was liable.

Copyrights – Owner/assignee can carry on business of granting copyright licences without registration as copyright society

08 二月 2024

The Bombay High Court has held that it is not necessary for the owners/assignees of copyright to be registered as copyright societies for carrying on the business of granting licenses of their works. The High Court for this purpose observed that Section 33(1) of the Copyright Act [relating to copyright societies] does not curtail the power of the owner/assignee/duly authorised agent to grant any interest in the copyright by license under Section 30 [relating to licences by owners of copyright].

Director of company cannot be ‘party’ to arbitration against the company

06 二月 2024

The Delhi High Court in its recent decision has held that Directors of a company cannot be made parties to the arbitration proceedings initiated against the company.

Interim Budget 2024 – Key takeaways

02 二月 2024

The Interim Budget 2024 outlines key priorities for the country’s development, highlighting key areas of focus for growth and development. Emphasising infrastructure, the government plans to implement major railway corridors, expand regional infrastructure and develop airports under various schemes. The following initiatives, coupled with focus on attracting investment, reflect a forward-looking approach.

No interest when GST paid in Electronic Cash Ledger before due date though GSTR-3B filed belatedly

01 二月 2024

In a case where the GST amount was paid in the Electronic Cash Ledger (ECL) by generating GST PMT-06 before the due date, though the GSTR-3B return was filed belatedly, the Madras High Court has rejected the contention of the Department that the deposit of tax in ECL would not amount to payment of tax and would attract interest liability.

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