News
Patents – Filing of Divisional Application on the day of grant of patent in original application is not fatal
11 十二月 2024
The Madras High Court has quashed the Order passed by the Deputy Controller of Patents and Designs refusing to grant patent in respect of a Divisional Application on the ground that the same was filed after the grant of patent in respect of the original patent application filed by the applicant-appellant.
LKS triumphs in the 16th SILF Cricket Tournament 2024
02 十二月 2024
Lakshmikumaran & Sridharan Attorneys is happy to share that its cricket team won the 16th edition of the Society of Indian Law Firms (SILF) Cricket Tournament 2024. The Final was played in Modern School, Barakhamba Road, New Delhi on 1 December 2024. LKS team led by captain Anurag Kapur defeated S&A Law by 6 runs in the Final match.
Cenvat credit available on mobile towers and pre-fabricated buildings installed for providing output services
22 十一月 2024
The Supreme Court has on 20 November 2024 held that the telecom companies are entitled to avail Cenvat credit of the central excise duty paid on towers and shelters/Pre-fabricated buildings (PFBs) procured by them and installed/erected for providing output services of telecommunication services.
LKS advises IndiQus Technologies
22 十一月 2024
Lakshmikumaran & Sridharan Attorneys (LKS) acted as legal counsel for IndiQus Technologies in connection with its acquisition by Yotta Data Services, a managed data center service provider owned by the Hiranandani Group. IndiQus Technologies, the parent organization of Apiculus, is a cloud platform provider that collaborates with telecom service providers (Telcos, ISPs, and data center providers) globally, enabling them to build profitable in-country cloud businesses.
Extension of time limits provided by TOLA applies to limitation period provided for reopening of assessment and for grant of sanction
23 十月 2024
The provisions relating to reopening of assessments, as they stood prior to the Finance Act, 2021, were contained in Sections 147 to 151 of the Act (‘Old Law’). Under the Old Law, if the AO had reasons to believe that an income chargeable to tax has escaped assessment, then the AO could reopen the assessment by issuing a notice u/s. 148 of the Act. Such notice could have been issued within 4 / 6 years from end of relevant assessment year.
GST – ITC is available on construction of ‘plant’ for letting out
10 十月 2024
The Supreme Court has held that if the building in which the premises are situated qualifies for a ‘plant’, Input Tax Credit (ITC) can be allowed on goods and services used in setting up the immovable property, which is a plant.
LKS advises Krsnaa Diagnostics
09 十月 2024
Lakshmikumaran and Sridharan advised Krsnaa Diagnostics Limited, a listed entity on its acquisition of 23.35% stake in Apulki Healthcare Private Limited. Apulki specialises in operating cancer and cardiac care hospitals in public-private partnership (PPP) mode.
Compressors used in car air-conditioners are classifiable under TI 8414 80 11 – SC decision in Westinghouse distinguished
03 十月 2024
The CESTAT Bench at Chennai has held that air compressors for use in car air-conditioners are classifiable under Tariff Item 8414 80 11 of the Customs Tariff Act, 1975 wherein Heading 8414 covers ‘Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters’. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here.
GST Council’s recommendation is mandatory if Central/State Act stipulates an act to be done on such recommendations
26 九月 2024
The Gauhati High Court has held that the recommendations to be made by the GST Council, if required as per the provisions of the Central Act or the State Act, has to be construed to be a sine qua non for exercise of power by the Union or the State Government.
Free electricity to States is prima facie not ‘consideration’ – HP HC grants interim relief on GST demand, observing that service tax demand dropped
25 九月 2024
The Himachal Pradesh High Court has granted interim relief to the assessee in a case where the Revenue department had alleged that the supply of free electricity/power @12% to the States was nothing but ‘consideration’ towards licensing services rendered by the State governments.