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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

Patents – Divisional application when cannot be rejected

16 September 2020

The IPAB has set aside the Order of the Controller of Patents rejecting the divisional application under Patents Act, 1970. The Board observed that the Controller erred in not appreciating that it was technically impracticable to make compound of formula (I) dependent on the main claim of the parent application, which was directed towards compound of formula (III). It observed that it was settled that when an independent sub-claim cannot be made dependent on the main claim...

Transfer of property – Procedural way out for removal of encumbrances

10 September 2020

The Kerala High Court has explained the procedural way out for removal of an encumbrance from an immovable property under Section 57 of the Transfer of Property Act 1882 (‘TPA’). It is noteworthy that an operative, substantive and procedural way out to facilitate the realisation of the intrinsic value of encumbered estates and other immovable properties within the annals of TPA is very rarely been invoked in court of law.

Anti-dumping duty – Action of Designated Authority asking for contemporary data, correct

04 September 2020

The Supreme Court of India has upheld the action of the Designated Authority (“DA”) in the Directorate General of Trade Remedies (DGTR), requiring the domestic industry to furnish relatively contemporary data. Relying on the guidelines contained in the Manual of Operation for Trade Remedy Investigations (Period of Investigation and Injury Investigation period), the Apex Court set aside the impugned order of the Telangana High Court and held that the DA’s action could not be termed as arbitrary.

Micro, Small and Medium Enterprises (MSME) – Clarifications on investment, etc.

25 August 2020

Reiterating a recent clarification by Ministry of Micro, Small and Medium Enterprises, the Reserve Bank of India (RBI) has clarified that the value of plant and machinery or equipment for all purposes of the Notification No. S.O. 2119(E) dated June 26, 2020 and for all the enterprises shall mean the Written Down Value (WDV) as at the end of the Financial Year as defined in the Income Tax Act, 1961 and not cost of acquisition or original price.

Faceless assessment introduced in Income Tax

17 August 2020

With the renaming of E-assessment Scheme 2019, the Central Board of Direct Taxes (CBDT) has launched “Faceless Assessment Scheme” under Income Tax. It may be noted that the Central Board of Indirect Taxes (CBIC) has also recently launched faceless assessment in respect of Customs clearances at various specified ports. While the faceless assessment under Customs will be fully implemented pan India by December 31, 2020, the scheme under Income Tax is effective from August 13, 2020.

Computer program – Invention must be examined as whole, considering technical effect achieved and its technical contribution

17 August 2020

The IPAB has allowed the appeal in a case where the Controller had earlier refused to grant patent to a computer program observing that the objections as regards lacking novelty as well as falling under Section 3(k) of the Patents Act persisted. The invention taught delaying a hit to the web (internet) unless necessary parameters to construe the request were extracted from the user.

Execution proceedings – Delhi High Court formulates detailed affidavit of assets and income of judgement-debtor

06 August 2020

The Delhi High Court has formulated detailed formats of affidavit of assets and income of the judgement-debtor to be filed at the threshold of execution proceedings. The Court in its judgement dated August 5, 2020 also laid down detailed guidelines for the Executing Court. It observed that this will curb the delay and expedite disposal of execution proceedings.

Refund of credit accumulated on input services due to inverted duty structure, available

04 August 2020

The Gujarat High Court has allowed refund of accumulated credit of input services in case of inverted duty structure. Explanation (a) to Rule 89(5) of CGST Rules was read down to the extent it denied refund of ITC as accumulated on account of ”input services”.

E-Commerce – Consumer Protection (E-Commerce) Rules, 2020 notified

28 July 2020

Within few days of coming into force of major provisions of the Consumer Protection Act, 2019, the Department of Consumer Affairs in the Ministry of Consumer Affairs, Food and Public Distribution has issued Consumer Protection (E-Commerce) Rules, 2020 which have come into force from July 23, 2020.

Foreclosure charges are not liable to service tax – CESTAT Larger Bench

20 July 2020

The Larger Bench of the CESTAT has held that ‘foreclosure charges’ levied by banks and non-banking financial companies on premature termination of a loan can not be subjected to levy of service tax under Banking and Other Financial Services (“BoFS”).

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