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.


Virtual currencies – RBI Circular restricting functioning of VC exchanges set aside

06 March 2020

The Larger Bench of the Supreme Court of India has set aside the Circular dated 6-4-2016 issued by the Reserve Bank of India, directing the entities regulated by RBI to not to deal with or provide services to any individual or business entities dealing with or settling virtual currencies and to exit the relationship, if they already have one, with such individuals/ business entities dealing with or settling virtual currencies.

Patents – Cobicistat is not derivative of Ritonavir – Differences in structure when not mere structural modification

02 March 2020

Rejecting the pre-grant opposition filed by a patient group, a community-based non-profit organisation, the Assistant Controller of Patents at New Delhi has granted an Indian patent to Cobicistat, marketed under trade name Tybost, a licensed drug for use in the treatment of HIV and AIDS. The opponents had pleaded lack of inventive step, no enhanced therapeutic efficacy, and being a mere admixture resulting only in the aggregation of the properties of the components.

No requirement under IBC for Resolution Plan to match liquidation value of Corporate Debtor

13 February 2020

No provision in the Code or insolvency regulations dictates that the bid of any Resolution Applicant has to match liquidation value of the estate of the Corporate Debtor. If the resolution plan has been approved by the Committee of Creditors by application of their commercial sense, as well as the plan has been considered as proper in terms of Section 30 of the Code, the Adjudicating Authority cannot interfere or re-assess the same under Section 31 of the said Code.

Statutory Arbitral Tribunals have power to grant interim injunction u/s. 17 of Arbitration and Conciliation Act

13 February 2020

Part I of the Arbitration and Conciliation Act, 1996 shall apply to all arbitrations, even carried out under another enactment, as long as the same is not inconsistent with such enactment or rules made there under.

Budget 2020 – Important changes in anti-dumping, countervailing and safeguard provisions

06 February 2020

India is set to revise provisions relating to its trade remedy measures. While provisions relating to Safeguard duty have been proposed to be amended by the Finance Bill, 2020 as presented in the lower House of the Indian Parliament on 1-2-2020, Rules relating to Anti-dumping duty and Countervailing duty have been revised by notifications issued by the Ministry of Finance.

Budget 2020 – Changes in Customs law including rate of duty

05 February 2020

India’s Finance Minister presented the Union Budget for the year 2020-21 in the Lok Sabha (lower house of the Indian Parliament) on 1st of February, 2020. While a new levy (Health Cess) has been imposed and Customs duty has been increased on import of many products, the Finance Bill, 2020 also proposes many changes in the Customs law and procedures, including administration of Rules of Origin under Trade Agreements.

Budget 2020 – Important changes proposed by the Finance Bill 2020 in GST regime

05 February 2020

Budget 2020 – Important changes proposed by the Finance Bill 2020 in GST regime: Budget 2020 was presented by the Finance Minister in the lower House of the Indian Parliament on 1st of February 2020. The Finance Bill, 2020 in this regard proposes many changes in the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, Union Territory Goods and Services Tax Act, 2017 and the Goods and Services Tax (Compensation to States) Act, 2017. Some of the important changes

No separate IGST on ocean freight on imports

28 January 2020

The Gujarat High Court has set aside the levy of separate Integrated GST on ocean freight in case of import of goods on CIF basis. It held that Sl. No. 9(ii) in Notification No. 8/2017-Integrated Tax (Rate) and Sl. No. 10 in Notification No. 10/2017-Integrated Tax (Rate), levying tax on supply of service of transportation of goods by a person in a non-taxable territory to a person in a non-taxable territory from a place outside India up to the customs station of clearance in India and making th

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

15 January 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

14 January 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.

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