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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

CCI directs investigation against two major e-commerce platforms for alleged vertical agreements in sale of smartphones

January 15 2020

Looking into the alleged violation of Competition Act based on four alleged practices, namely, exclusive launch of mobile phones, preferred sellers on the marketplaces, deep discounting and preferential listing/promotion of private labels, being followed by two major e-commerce platforms...

Social Welfare Surcharge payable in cash on imports under MEIS/SEIS – No recoveries for past cases where SWS paid through scrips

January 14 2020

Central Board of Indirect Taxes and Customs (CBIC) has clarified that in case of imports under Merchandise Exports from India Scheme (MEIS) and Services Exports from India Scheme (SEIS), Social Welfare Surcharge (SWS) is not exempted and must be levied and collected on the imported goods.

Electronic payments – Mandatory provision for accepting payments through prescribed electronic modes

January 08 2020

In furtherance to the declared policy objective of the Government to encourage digital economy and move towards a less-cash economy, CBDT has prescribed Debit Card powered by RuPay; Unified Payments Interface (UPI); and Unified Payments Interface Quick Response Code as the prescribed electronic modes for accepting payments under newly inserted Section 269SU of the Income Tax Act, 1961. Notification No. 105/2019, dated 26-12-2019 inserts Rule 119AA in the Income Tax Rules,

Goods and Services Tax – Certain amendments effective from 1-1-2020

January 03 2020

Central Board of Indirect Taxes and Customs (CBIC) has recently issued many notifications to revise certain provisions of the GST law. The changes relate to amendments in the Central Goods and Services Tax Rules, 2017; changes in the rate and exemption notifications for goods and services; changes in notification relating to reverse charge mechanism for certain services;

Patents – Post-grant opposition – New evidence cannot be filed once Controller fixes date of hearing

January 01 2020

Observing that the provisions of the Patents Rules, 2003 place enormous sanctity on the two-stage decision making process in a post-grant opposition, the Delhi High Court has held that while additional evidence is permissible under Rule 60 of the Patents Rules, after review of Opposition Board, the same cannot be filed once the date of hearing has been fixed by the Controller.

Protection to Corporate Debtors for offences prior to commencement of CIRP – IBC (Amendment) Ordinance, 2019 promulgated

December 31 2019

In order to protect the Corporate Debtor and its assets from liabilities for offences committed prior to the commencement of Corporate Insolvency Resolution Process (CIRP), the President of India has on 28th of December 2019 promulgated an Ordinance – Insolvency and Bankruptcy (Amendment) Ordinance, 2019.

Trade restrictions at historically high levels even as many new measures for facilitating trade implemented: WTO report

December 26 2019

WTO Director General on 12th of December presented a report on “Overview of developments in the international trading environment”, with the WTO Members.

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.

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