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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

Copyright law does not bar remedy against breach of confidence

June 19 2015

In a suit involving breach of confidence action which also alleged infringement of copyright, the Bombay High Court has granted interim injunction restraining the defendant from releasing the offending film alleged to be based on the script/screenplay of the plaintiff.

Clarification on Rollback provisions of APA

June 19 2015

Advance Pricing Agreement (‘APA’) Scheme was introduced in the statute in 2012, which  authorizes the CBDT to enter into agreement with the taxpayers, prescribing the arm’s length price (ALP) for international transaction which have been undertaken (which are continuous in nature) and those to be entered into between related parties in the future.

EOUs – FTP provisions incorporated in Excise notifications

June 15 2015

Notification Nos. 22/2003-C.E. and 23/2003-C.E. have been amended by Notification No. 28/2015-C.E., dated 15-5-2015 to reflect the new Foreign Trade Policy 2015-20 notified by the Ministry of Commerce on 1st of April.

Transfer Pricing – Applicability to third party transactions

June 11 2015

To come within the ambit of transfer pricing, there has to be an international transaction. The two requirements of international transaction are that there must be a transaction between associated enterprises and either or both parties should be non-residents (prior to the amendment by Finance Act, 2014).

ADD – Inclusion of non-cooperating producers in Domestic industry

June 08 2015

European Union’s Court of Justice has upheld the investigation authority’s conclusion of including non-cooperating domestic manufacturers in the definition of domestic industry for the purpose of injury analysis.

WTO reviews India’s trade policy

June 08 2015

India’s trade policy is under review by the WTO for the sixth time. According to the report by the WTO’s Secretariat, though India continued its efforts to liberalize and facilitate trade, its tariff structure remains complex.

Trans-border reputation of trade mark

May 22 2015

The IPAB has held that mere filing of applications or obtaining certificates of registration for the impugned trade mark from some countries will not be sufficient to establish trans-border reputation.

TRIPS agreement does not create substantive rights – Canada on WTO challenge to plain packaging rules

May 22 2015

Canada submitted its views as third party on the issue of plain packaging measures introduced by Australia as regards tobacco products.

Company Law Tribunal constitutionally valid – SC

May 22 2015

Five Judge Bench of the Supreme Court of India has rejected the challenge to the constitutional validity of setting up of the National Company Law Appellate Tribunal (NCLAT).

Exclusive agreements by e-commerce sites with sellers of goods/services, not anti-competitive

May 22 2015

Considering various factors listed in Section 19(3) of the Competition Act, the Competition Commission of India (CCI) has held that ‘exclusive agreements’ by e-commerce portals with sellers of goods/services, to sell specified goods exclusively on those portals, does not lead to ‘Appreciable Adverse Effect on Competition’ (AAEC).

Relief against third party in Arbitration

May 22 2015

Relying on earlier judgments, the Delhi High Court has on 5-5-2015 held that while considering a petition under Section 9 of the Arbitration and Conciliation Act, the Court is within its right to pass order against third party.

Sale of shares of Indian company by foreign company, outside India – Jurisdiction of CLB

May 22 2015

Madras High Court has set aside the Company Law Board’s order which had held that in a case involving sale of shares of the Indian company by the foreign company,

ITAT can extend stay beyond 365 days

May 22 2015

Does the Income Tax Appellate Tribunal (ITAT) have power to extend stay beyond 365 days? The Delhi High Court in Pepsi Foods Pvt. Ltd v. ACIT, WP(C )1334/2015 decided on 19-5-2015 held that when the delay in disposing of the appeal is not attributable to the assessee, the Tribunal has the power to grant extension of stay beyond 365 days.

Manufacture & excise – Supreme Court lays down guidelines

May 22 2015

Supreme Court of India has recently delivered three important judgments relating to the question as to whether the process followed by the assessee amounts to ‘manufacture’ for the purpose of imposition of Central Excise duty, which is levied in India on manufactured goods.

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