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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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Intellectual Property Rights

Ambiguous standard for examination of CRIs

19 May 2016

The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016.

Demand of interest due to price revision – An analysis

16 May 2016

The present-day commercial landscape involves a variety of transactions which are structured in various manners.

International Trade & WTO

China: NME or ME?

10 May 2016

Recent WTO discussions have centered on the question of China’s entitlement to Market Economy status (MES) post 11 December, 2016.

Securities Laws

SEBI’s Bright Line Tests for ‘Control’ - An Analysis

26 April 2016

The idea of corporate control has been subject to a longstanding debate in India and elsewhere. A fluid concept such as ‘control’ is a term of wide connotation and, by its very nature, is not amenable to any precise standard definition of general application.

Intellectual Property Rights

Product by process claims - A perspective

20 April 2016

<em>By</em> <strong>Sribindhu Chivukala &amp; Archana V</strong><br /> <br /> <strong><em>Introduction</em></strong><br /> <br /> Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application

Direct Tax

The Income Declaration Scheme, 2016 - An analysis

18 April 2016

Last year, the Indian Government introduced a scheme for voluntary declaration of undisclosed foreign income and assets for resident taxpayers under the Black Money Act.

Customs

‘Ease of doing business’ – A look at certain key Customs rulings

12 April 2016

‘Ease of doing business’ is the buzz-word at present and with the Indian Union Cabinet going ahead with the WTO’s Trade Facilitation Agreement, it seems that conditions for doing business in India are bound to improve with significant cut in number of forms, declarations and permissions.

Refund – No recovery through SCN without review of refund order

12 April 2016

The Madras High Court in the case of Eveready Industries India Ltd. v. CESTAT, Chennai [2016-TIOL-676-Mad-CX] has held that refund granted by an authority cannot be denied by way of issuance of Show Cause Notice (SCN) in cases where the order has not been subject to review.

International Trade & WTO

Monitoring of steel imports in USA – Consistency under WTO Laws

05 April 2016

The United States maintains a licensing mechanism known as the Steel Import Monitoring and Analysis (hereinafter referred to as the ‘SIMA’) System. As per the system, any business importing steel mill products covered under the licensing program is required to procure a license.

Direct Tax

Underreporting and misreporting of income - Proposed penalty regime

23 March 2016

With the Finance Bill 2016, the penalty regime in income-tax law is proposed to undergo a major overhaul. Earlier system provided for a levy of penalty, for concealment of income or furnishing inaccurate particulars of income, of an amount between 100% to 300% of the tax sought to be evaded.

Union Budget, 2016 – An analysis of certain changes in Central Excise

19 March 2016

The last two Budgets were witness to the Government trying to put a quietus to the storm generated over retrospective taxation and to increase tax compliance through certain amendments to law and procedures.

TN VAT Act – A look at the recent amendments

19 March 2016

The Government of Tamil Nadu has brought out certain amendments to the Tamil Nadu Value Added Tax Act 2006 (‘the Act’) and the Tamil Nadu Value Added Tax Rules, 2007 (‘the Rules’), with effect from 29th January, 2016 [see end note 1].

Intellectual Property Rights

Stay of proceedings in an infringement suit and challenging validity of a registered trademark

17 March 2016

A Full bench (Three Judges) of the Delhi High Court recently held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 (TMA) for filing a rectification petition before the IPAB during the pendency of an infringement suit.

Regulatory Laws

Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 – A Comment

17 March 2016

The justice delivery system of our country can be excruciatingly slow. In commercial disputes, time is of the essence and delays can derail the entire remedy and relief and undermines business confidence in Indians as well as those interested in investing in India. 

International Trade & WTO

RTI Act & disclosure of information in anti-dumping investigations

11 March 2016

Access to information is a cornerstone in any administrative or quasi-judicial proceeding and non-availability of the relied upon documents to the affected parties have been condemned for long by the highest Court of this country.

Direct Tax

Artificial computation provisions – Unintended cross roads with anti-avoidance rules

27 February 2016

In the law of Income-tax, the main principles are fairly simple – the whole difficulty arise in their application.  The first question, what is income, is a dark cat in the bag of the income-tax code [See End Note 1]. 

Regulatory Laws

Conciliation for settling family disputes

27 February 2016

Globally, alternative dispute resolution is slowly, but steadily becoming the preferred mode for settling disputes. Many corporates including large business conglomerates are seriously evaluating the merits of  mediation and conciliatory procedures to avoid lengthy,

Intellectual Property Rights

Obviousness - Different standards for Opposition and Revocation?

22 February 2016

Patents are not just instruments of private commercial utilisation but also have an impact on public policy. They are thus, governed by a system which allows for challenge to the validity of a patent at different stages.

Determining character of ‘manufacture’

19 February 2016

Budget 2016 is just around the corner and despite the fact that the ‘seamless’ tax regime of GST passes through political rough weather, the government is intent on implementing it from next fiscal.

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