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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

Personal Data Protection Bill, 2019 introduced in Parliament

December 13 2019

Acknowledging that the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy, the Ministry of Electronics and Information Technology in India has introduced the Personal Data Protection Bill, 2019 in the Lok Sabha (lower house of the Indian Parliament) on 11th of December, 2019.

Insolvency - Secured creditor opting out of liquidation process cannot sell assets to persons ineligible to be resolution applicant

December 11 2019

NCLAT has held that a secured financial creditor while opting out of liquidation process is barred from selling secured assets to promoters or its related party or persons who are ineligible in terms of Section 29A of I&B Code.

No Customs duties on electronic transmissions – WTO extends moratorium

December 11 2019

WTO Members have on 10th of December agreed to maintain the current practice of not imposing customs duties on electronic transmissions until the 12th Ministerial Conference (MC12). Members also agreed to reinvigorate the work under the Work Programme on Electronic Commerce, based on the existing mandate. The 12th Ministerial Conference is scheduled to be held on 8-11th of June 2020 in Kazakhstan.

Corporate tax cut - Taxation Laws (Amendment) Bill, 2019 passed by Lok Sabha

December 04 2019

Taxation Laws (Amendment) Bill, 2019 which seeks to amend the Income Tax Act, 1961 to incorporate the changes relating to reduction of corporate tax rates for domestic companies and new companies, has been passed by the Lok Sabha (lower house of the Indian Parliament) on 2nd of December. The Bill was introduced on 25-11-2019.

Arbitration – No automatic stay on challenge to arbitral award – SC strikes down Section 87

December 03 2019

Larger Bench of the Supreme Court has struck down the deletion of Section 26 of the 2015 Arbitration Amendment Act, together with the insertion of Section 87 into the Arbitration and Conciliation Act, 1996 by the 2019 Amendment Act, as being manifestly arbitrary under Article 14 of the Constitution of India. Section 87 provided that unless the parties agreed otherwise, the 2015 Amendments would apply prospectively to all arbitral and court proceedings.

CCI revises fees – Other amendments also made in CCI (General) Regulations

November 26 2019

The Competition Commission of India has revised the fees payable by any person, consumer or their association or trade associations while giving information in respect of anti-competitive agreements and abuse of dominant position, for alleged violation of provisions of the Competition Act.

No demand under Cenvat Rule 6 on electricity generated from bagasse

November 25 2019

Relying upon Supreme Court decision in the case of DSCL Sugar Ltd., the Delhi High Court has held that since bagasse is non-marketable, sale of electricity generated entirely from such non-excisable bagasse, will not attract demand under Rule 6(3)(i) of the Cenvat Credit Rules, 2004.

Injunction against MAKEMYTRAVEL - Correspondence with lowest rung executive is not acquiescence

November 18 2019

In a dispute involving MAKEMYTRIP and MAKEMYTRAVEL, the Delhi High Court has made absolute the interim injunction granted earlier by it against use of the trade mark/trade name 'Make My Travel' (word per se), MMT (letter mark) and the tag line 'Dreams Unlimited', the MakeMyTravel Logo and their website.

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.

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