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News & Briefings

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.

News

Indian export promotion schemes held inconsistent with WTO provisions

November 11 2019

Various Indian export promotion schemes have been held inconsistent with Articles 3.1(a) and 3.2 of the Subsidies and Countervailing Measures Agreement of the WTO.

CBIC set to implement digital DIN for correspondence with taxpayers

November 08 2019

CBIC is implementing the system of digital generation of Document Identification Number (DIN) for all communications sent by its offices to taxpayers. This would create a digital directory for maintaining an audit trail of such communication.

GST transitional credit permissible of accumulated credit of Education Cesses and Krishi Kalyan Cess

November 05 2019

The Madras High Court has allowed GST transitional credit in respect of accumulated credit of Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess. The Court in this regard rejected the department’s contention that the accumulated credit of EC, SHEC and KKC is dead and gone and there is nothing that the assessee could claim for carrying forward.

Patents and Designs – Application and other fees sought to be reduced for small entities

October 31 2019

The Department of Promotion of Industry and Internal Trade in the Indian Ministry of Commerce and Industry has on 18th of October notified the draft Patents (2nd Amendment) Rules, 2019 and the draft Designs (Amendment) Rules, 2019.

Competition – DG’s report finding contravention of provisions is not binding on CCI

October 30 2019

The Delhi High Court has rejected the contention that if the report of the Director General (DG) recommends that there are contraventions of provisions of Competion Act, the Competition Commission of India (CCI) cannot close the case straightway. It observed that there is no provision in the Competition Act which mandates that the CCI must accept the report of the DG recommending that there are contraventions of the provisions of the Act.

Blocking of access to specific information – When can Indian Court grant global injunctions

October 30 2019

In a case involving publication of defamatory videos and other contents in social media, the Single Judge Bench of Delhi High Court has held that disabling and blocking of access, in respect of such information uploaded from India, must be from the computer resource, and such resource includes a computer network, i.e., the whole network and not a mere (geographically) limited network.

Manufacture and other operations in warehouse under Customs s.65 clarified

October 04 2019

CBIC has issued Circular No. 34/2019-Cus. and the Manufacture and Other Operations in Warehouse (No. 2) Regulations, 2019 to cover the procedures and documentation for units operating under Section 65 of the Customs Act, 1962 in a comprehensive manner, including application for seeking permission under Section 65, provision of execution of the bond by the licensee, receipt, storage and removal of goods, maintenance of accounts, conduct of audit etc.

Manufacture and other operations in warehouse under Customs s.65 clarified

October 04 2019

4th October, 2019 CBIC has issued Circular No. 34/2019-Cus. and the Manufacture and Other Operations in Warehouse (No. 2) Regulations, 2019 to cover the procedures and documentation for units operating under Section 65 of the Customs Act, 1962 in a comprehen

Income Tax E-assessment Scheme 2019 notified

October 01 2019

1st October, 2019 Central Board of Direct Taxes (CBDT) has recently notified the E-assessment Scheme, 2019 under Section 143(3A) of the Income Tax Act, 1961. The assessment under this Scheme shall be made in respect of territories and / or class of persons a

37th Meeting of GST Council - GST rates revision and changes in procedures

September 23 2019

23rd September 2019 The GST Council in its 37th meeting held on 20th of September has recommended revision of GST rates on various goods and services. Many relaxations in various compliances and pro

Refund claim not maintainable unless self-assessment order is modified though appeal

September 20 2019

20th September 2019 3-Judge Bench of the Supreme Court has held that unless the order of assessment or self-assessment is appealed, no refund application against the assessed duty can be entertained. The Apex Court in this regard observed that

Competition - DG can investigate matter beyond CCI order of investigation

September 17 2019

Delhi High Court has held that an order of CCI under Section 26(1) of the Competition Act which triggers investigation by DG, does not circumscribe the scope of investigation by DG only to such matters which are subject matter of the original complaint.

Competition - DG can investigate matter beyond CCI order of investigation

September 17 2019

17th September 2019 Delhi High Court has held that an order of CCI under Section 26(1) of the Competition Act which triggers investigation by DG, does not circumscribe the scope of investigation by DG only to such matters which are subject matter of the orig

Draft model guidelines on IPR policy for academic institutions released

September 12 2019

Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry of India, has recently released draft model guidelines on implementation of IPR policy for academic institutions.

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