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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

Counterfeit goods – E-commerce website when not merely an intermediary

December 12 2018

Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that Shopclues.com is not merely an intermediary.

Competition law – Advocate can accompany person summoned by DG

December 11 2018

Competition Commission of India has amended CCI (General) Regulations, 2009 to specify that an advocate may accompany any person summoned by the DG to appear before him, subject to specified conditions.

TDS to be deducted on mark-up and not on reimbursement of salaries for manpower supply

December 07 2018

7th December 2018 ITAT, Delhi has dismissed the appeal of Revenue dept. and upheld the impugned order of the Commissioner (Appeals) deleting disallowance of project management expenses, certain interest expenses and software expenses. In respe

Cause of action under Designs Act distinct from that in a trademark suit

December 06 2018

Delhi High Court has held that in a case where an infringement suit has already been filed under the Designs Act, there is no need to obtain the leave of the court to introduce a separate proceeding in the case of passing-off of trademark.

No profiteering when MRP unchanged despite increase in tax rate

December 04 2018

4th December 2018 The National Anti-profiteering Authority (NAA) has held that when the effective tax rates for the impugned product increased post GST and the assessee still maintained the same MRP and the reduction in base price was more than the increase

Companies (Amendment) Ordinance, 2018

November 15 2018

15th November 2018 The Companies Act, 2013 (‘Companies Act’) was amended in the year 2017 in order to liberalise and correspond compliance requirements with other laws in force. The Ministry of Law and Justice has come up with the Companies (Amen

In-bond manufacturing – CBIC consolidates forms and clarifies procedures

October 22 2018

CBIC has updated procedure for seeking permission for in-bond manufacturing and for maintaining various records. An elaborate Circular No. 38/2018-Cus., dated 18-10-2018 issued for the purpose also prescribes various forms for this purpose and clarifies on duty liability on removal of processed good

Limitation in insolvency cases – Insertion of s.238A in IBA is retrospective

October 12 2018

Relying on Report of Insolvency Law Committee, Supreme Court of India has held that insertion of Section 238A in the Insolvency and Bankruptcy Code (IBC) is retrospective.

CCI amends Combination Regulations for faster disposal of M&A cases

October 10 2018

Competition Commission of India has amended CCI (Procedure in regard to Transaction of Business relating to Combinations) Regulations, 2011 on 9-10-2018 to provide certainty, transparency and other clarificatory changes for faster disposal of combination cases.

IPAB can hear copyright matter in absence of Member Copyright

October 08 2018

The Delhi High Court has held that though it may be apposite for the government to appoint Member Technical (Copyright), a vacancy in this regard does not impinges upon jurisdiction of the Intellectual Property Appellate Board (IPAB) constituted under Section 83 of the Trade Marks Act.

Art. 12 and 14 of Indo-German and Indo-Swiss DTAAs – Beneficial Article to apply

October 08 2018

The assessee, an Indian company, was making payments to a German individual resident which according to the Revenue fell under the category of ‘Fees for technical services’ as per Section 9(1)(vii) of the Income Tax Act and Article 12 of the Indo-German DTAA and thus

GST (Compensation to States) Act, 2017 is constitutionally valid

October 05 2018

GST (Compensation to States) Act, 2017 and the Rules framed thereunder are constitutionally valid. The Act has been held as not beyond legislative competence of Parliament, as not transgressing the Constitution (101st Amendment) Act and not a colourable legislation.

Territorial jurisdiction of court - Trademark s.134 and Copyright s.62 are not in exclusion to s.20 of CPC

October 01 2018

Delhi High Court has held that territorial jurisdiction of a Court in a trademark action could be invoked where there is use ‘upon’ or ‘in relation’ to goods. It noted that the phrase ‘in relation to’ includes advertising, promotion, etc.

Anti-dumping duty – DA’s termination order appealable before CESTAT

October 01 2018

Appeal can be filed before CESTAT under Section 9C of the Customs Tariff Act, 1975 in a case where Designated Authority proposes non-imposition of anti-dumping duty.

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