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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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Sale of shares of Indian company by foreign company, outside India – Jurisdiction of CLB

22 五月 2015

Madras High Court has set aside the Company Law Board’s order which had held that in a case involving sale of shares of the Indian company by the foreign company,

ITAT can extend stay beyond 365 days

22 五月 2015

Does the Income Tax Appellate Tribunal (ITAT) have power to extend stay beyond 365 days? The Delhi High Court in Pepsi Foods Pvt. Ltd v. ACIT, WP(C )1334/2015 decided on 19-5-2015 held that when the delay in disposing of the appeal is not attributable to the assessee, the Tribunal has the power to grant extension of stay beyond 365 days.

Manufacture & excise – Supreme Court lays down guidelines

22 五月 2015

Supreme Court of India has recently delivered three important judgments relating to the question as to whether the process followed by the assessee amounts to ‘manufacture’ for the purpose of imposition of Central Excise duty, which is levied in India on manufactured goods.

New Service Tax rate of 14% applicable from 1st June, 2015

22 五月 2015

Service Tax levied in India on all services, except a few as listed in the negative list of services, will be applicable at the rate of 14%, instead of 12%, with effect from 1st of June, 2015.

Finance Act, 2015 comes into force

18 五月 2015

Finance Bill, 2015 has received President’s Assent and Finance Act, 2015 (20 of 2015) is in force from 14 May, 2015.

Copyrights – Producing jewellery articles using designs – ‘Article’ different from ‘artistic work’

28 四月 2015

Deliberating on the distinction between the ‘artistic work’ and the ‘article’ produced on the basis of the same, Bombay High Court on 1-4-2015 has granted interim injunction in the case of Pranda Jewellery Pvt. Ltd. v. Aarya 24 kt, where the branded jewellery articles were produced allegedly using designs of the petitioner.

Trademarks – Comparative advertising when not disparaging

28 四月 2015

In the dispute wherein the petitioner had impugned the defendant’s advertising campaign  comparing their product with that of the petitioner, the Delhi High Court has held that a comparison, which is unfavourable to a competitor, does not necessarily mean that it is dishonest or unduly detrimental.

SSI – List of items reserved for exclusive manufacture by small enterprises, omitted

22 四月 2015

Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry has omitted 20 of the last remaining serial numbers in the list of items reserved for exclusive manufacture by micro and small enterprise sector.

International Financial Services Centre – RBI, SEBI & IRDA issue guidelines

22 四月 2015

In a major move to bring more meaning to SEZs in India, the Reserve Bank of India has notified Foreign Exchange Management (International Financial Services Centre) Regulations 2015, according to which a financial institution or a branch thereof set up in the International Financial Services Centre (IFSC) and permitted or recognised as such by the government or a regulatory authority shall be treated as person resident outside India.

New service tax rate not yet in force – CBEC clarifies

16 四月 2015

CBEC has clarified by Circular No. 183/02/2015-S.T., dated 10-4-2015 that the new rate of service tax i.e. 14% shall come into effect from a date to be notified by the Central Government after the enactment of the Finance Bill, 2015.

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