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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

Mere similarities will not come under the purview of copyright

22 April 2022

The Kerala High Court has held that mere similarities will not come under the purview of copyright unless it satisfies the various clauses incorporated in Section 14 of the Copyrights Act.

Insolvency – Distinction of decree holders from financial creditors is intelligible

13 April 2022

The Supreme Court has on 11 April 2022 dismissed a Special Leave Petition against the decision of the High Court of Tripura at Agarthala, wherein the High Court had held that the distinction of decree holders as creditors from ‘financial creditors’ and ‘operational creditors’, is intelligible and takes forward the purpose of the Insolvency and Bankruptcy Code, 2016, without being discriminatory or arbitrary.

Income-tax assessment of amalgamating company when not wrong

07 April 2022

The Supreme Court has held that the question as to whether the corporate death of an entity upon amalgamation per se invalidates an assessment order, ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956, but would depend on the terms of the amalgamation and the facts of each case.

India-Australia Economic Cooperation and Trade Agreement: An Overview

05 April 2022

India has on 2 April 2022 signed an Economic Cooperation and Trade Agreement (ECTA) with Australia. After Japan and Korea, Australia is the third OECD country to sign a free trade agreement with India. This is India’s third Trade Agreement in recent times after it concluded similar agreements with UK (only early harvest agreement) and UAE.

GST and income tax changes from 1 April 2022

01 April 2022

Various changes are coming into force in the GST and Income Tax regimes, effective from the financial year 2022-23. Some of these changes flow directly from the Budget 2022 while others come from various circulars and notifications. Some of the major changes effective from 1 April 2022 are as ...

Supreme Court’s extension of limitation period owing to Covid-19 applicable to Trade Marks Opposition Proceedings

28 March 2022

The Delhi High Court has, vide its Order dated 21 March 2022 in Dr. Reddy’s Laboratories Limited & Ors. v. Controller General of Patents, Designs, and Trademarks & Anr.

No demand from successor entity when tax paid by predecessor during period from appointed date till approval of scheme of demerger by High Court

23 March 2022

The Gujarat High Court has set aside the demand from the successor entity in respect of the goods cleared during the period w.e.f. the appointed date till the scheme of demerger approved by the High Court, on which excise duty had already been deposited by the transferor/predecessor.

Patents – Exemption under Section 107A(b) covers only products patented under Indian Patents regime – Essentiality of elements to be seen

09 March 2022

Granting interim relief, the Court in the case Sotefin SA v. Indraprastha Cancer Society and Research Center also held that the words ‘patented products’ covered under Section 107A(b) of the Patents Act, 1970 would include only those products which are patented under the Indian Patents regime...

Sunset review of anti-dumping duty – Existence of sufficient factual material is mandatory to apply exception of continuation of duty

01 March 2022

The anti-dumping bench of the CESTAT has upheld the final findings of the Designated Authority (‘DA’) in the Directorate General of Trade Remedies (‘DGTR’), in the sunset review, for non-continuation of anti-dumping duty on PVC flex films from China PR. Dismissing the appeal filed by the domestic industry, the Tribunal observed that the DA was justified in holding that there did not exist sufficient factual material to allow it to conclude that there was a likelihood of continuation...

No confiscation of land, building and plant and machinery after omission of Central Excise Rule 173Q(2)

28 February 2022

Observing that on the date of the confiscation in March 2007, Rule 173Q(2) of the Central Excise Rules, 1944 stood omitted from the statute books vide Notification dated 12 May 2000, the Supreme Court has set aside the confiscation of land, building and plant and machinery under said Rule 173Q(2).

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