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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

Copyrights - Sound recording rights different from literary or musical rights

October 13 2017

A Division Bench of the Bombay High Court has dismissed the appeal filed against the Single Judge Order granting an interim injunction, restraining the defendants (Trimurti Films Pvt. Ltd)  from releasing the film “Baadshaho” with the song “Keh Doon Tumhe”.

Are Belated Claim Amendments of Granted Patents Permitted?

October 13 2017

In a recent order dated August 01, 2017, the Singapore Court of Appeal [See end note i], upheld the High Court’s order

22nd meeting of GST Council – Certain reliefs

October 11 2017

The GST Council recently held its 22nd meeting to discuss various issues being faced by the industry under the new GST regime.

Consolidated FDI Policy

September 12 2017

Government of India has released the latest Consolidated FDI Policy, 2017 (FDI Policy 2017), effective from August 28, 2017.

21st GST Council meeting – Major decisions

September 11 2017

The GST Council met in Hyderabad on 9th September 2017 to discuss and decide on various issues including extension of date for filing GST returns.

GST/VAT liability in case of chain of successive supplies

September 04 2017

In a case involving supply of goods by a taxable person in the first State where, before such supply transaction is entered into, the purchaser, who is a taxable person in the second State, expresses an intention to resell the goods immediately, before transporting them from the first State to a taxable person established in a third State, the Court of Justice of the European Union has held the first transaction to be liable to VAT, as they constituted internal supplies.

Valuation of ATF available in fuel tank of aircraft returning from foreign trip

September 04 2017

CESTAT Delhi has rejected the contention of the Revenue department that valuation of Aviation Turbine Fuel available as remnant fuel in the aircraft returning from foreign trip, has to be done by including 20% as notional freight charges in terms of Rule 10(2) of Customs Valuation Rules.

Cenvat Rule 3(4) proviso is ultra vires Credit Scheme

September 04 2017

Gujarat High Court, in the case of Advance Surfactants India Ltd. v. Union of India, has held the proviso to sub-rule (4) of Rule 3 of Cenvat Credit Rules to be ultra vires to the scheme of Cenvat Credit inasmuch as it restricted the utilisation of credit to the extent such credit was available on the last day of the month or quarter, for payment of duty relating to that month or the quarter, as the case may be.

Forex gain on royalty or interest income received by resident, taxable in India

September 04 2017

The assessee, Ballarpur Industries Ltd, a public limited company derived income from business and from royalty and interest from a joint venture company in Malaysia.

Trademarks – Phonetic similarity when word used as suffix in one mark and as prefix in another

September 04 2017

Bombay High Court on 2-8-2017, in the case of Pidilite Industries Limited v. Poma-Ex Products, observed that there existed high degree of phonetic similarity between the mark of the plaintiff “FEVIKWIK” and the mark of the defendant “KWIKHEAL”.

Copyright in literary work authored by director of company

September 04 2017

The Delhi High Court on 4-8-2017, in the case of Neetu Singh v. Rajiv Saumitra granted an interim injunction in favour of the plaintiff. The suit was pertaining to copyright infringement in a literary work.

Global injunction on display of search engine results

September 04 2017

Google has on 24th of July brought an action before the US District Court (Northern District of California-San Jose Division) to prevent enforcement of the Canadian Supreme Court Order that prohibits Google from publishing within the US, search result information about the contents of the internet.

Right to Privacy – Supreme Court’s landmark judgement

September 01 2017

There was an apparent conflict between the judgments of the Supreme Court in MP Sharma case (8-judge bench) & Kharak Singh case (6 judge bench) on the one hand, versus more than 6-7 different 3-judge and 2-judge decisions 1973 and onwards, on the other hand.

Bottling of LPG Gas in cylinders amounts to production

September 01 2017

In the case of CIT v. Hindustan Petroleum Corporation Ltd. while considering the issue whether bottling of LPG in cylinders amounts to manufacture for the purposes of eligibility to claim deduction under Section 80-HH, Section 80-I and Section 80IA of the Act, the Hon’ble Apex Court noted that aforesaid provisions use the expression manufacture or profession.

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