News
Valuation – Appeal against enhanced value maintainable even when price initially accepted in B/E or letter
01 December 2023
The CESTAT Ahmedabad has rejected the contention of the Revenue department that by accepting the assessable value and not asking for the speaking order, the value assessed by the assessing officer attains finality and the assessee-importer is precluded from contesting the same.
TRU has no authority to clarify on classification – Circular No. 80/54/2018-GST on classification of polypropylene woven and non-woven bags quashed
20 November 2023
The Delhi High Court has on 16 November 2023 observed that the Tax Research Unit (TRU) of the Ministry of Finance has not been clothed with the authority or jurisdiction to render a clarification with respect to classification of goods
GST Council cannot determine classification of goods – Flavoured milk made from dairy milk is not ‘beverage containing milk’ under Heading 2202
15 November 2023
The Single Bench of the Madras High Court has held that the function of the GST Council is not to determine the classification of goods under the provisions of the Customs Tariff Act, 1975. The High Court also held that flavoured milk made from diary milk is classifiable under Heading 0402 of the Customs Tariff Act, 1975 and not under Heading 2202 ibid.
Trademarks ‘Indian Royal Stag’ and ‘Indian Stag’, both used for IMFL, are deceptively similar with likelihood of confusion
14 November 2023
The Delhi High Court has held that the marks INDIAN ROYAL STAG and INDIAN STAG, both used for IMFL, have necessarily to be regarded as deceptively similar with likelihood of confusion thus leading to prima facie case of infringement.
GI registration fee set to be reduced – Draft GI of Goods (Registration and Protection) (Amendment) Rules issued
07 November 2023
The Ministry of Commerce has on 17 October 2023 issued Draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023 to seek objections and suggestions on the amendments to the Geographical Indications of Goods (Registration and Protection) Rules, 2002.
Insolvency – Doctrine of election – IBC provisions can be invoked even after issuance of recovery certificates by DRT
06 November 2023
The Supreme Court has held that the ‘doctrine of election’, stemming out of the law of evidence that bars prosecution of the same right in two different fora based on the same cause of action, cannot be applied to prevent a financial creditor from approaching the adjudicating authority for initiation of Corporate Insolvency Resolution Process against a corporate debtor.
Online gaming sector – Developments in October 2023
30 October 2023
The online gaming sector witnessed a series of watershed developments in the GST regime in the month of October 2023 from legislative and litigative standpoint. The key legislative development was the transition into the new deposit-based GST regime which has become effective from 1 October 2023.
Laptops, tablets, personal computers, etc. – Exemption from import authorisation provided in specific cases
26 October 2023
The Indian Ministry of Commerce has on 19 October 2023 relaxed the provisions regarding requirement of import authorisation for import of laptops, tablets, personal computers, etc. It may be noted that the regime requiring import authorisation for laptops, tablets, all-in-one personal computers, and ultra small form factor computers and servers, falling under HSN 8471 of the ITC(HS), will be effective from 1 November 2023.
Refund of service tax is maintainable even when assessment/self-assessment is not challenged in appeal
23 October 2023
The Larger Bench of the CESTAT has held that refund of service tax is maintainable in the absence of any challenge to assessment or self-assessment in appeal under the Finance Act, 1994.
‘Appropriate Office’ under Patents Rule 4 is not dispositive of jurisdiction of High Court under Article 226 of Constitution
18 October 2023
The Single Judge of the Madras High Court in the case of Adiuvo Diagnostics Private Limited v. Union of India and Ors. [Judgement dated 27 September 2023 in WP(IPD)/23/2023] was adjudicating a writ petition by a pre-grant opponent against a refusal of a pre-grant opposition against a patent application [9067/DELNP/2010], leading to its grant.