Here is another episode of LKS’ all Law., where Mr. Devesh Aswal and Ms. Neha Jain discuss the topic “Cross-Border Share Sale – Eligibility for Tax Treaty Benefit”. The benefit under the tax treaty is subject to provisions of General Anti Avoidance Rules (GAAR) enacted under the domestic law and Principal purpose test (PPT) embedded in tax treaties…

Here is another episode of LKS’ all Law., where Ms. Anshita Khandelwal and Mr. Arpit Mehra discuss the topic “EU’S NON-PREFERENTIAL RULES OF ORIGIN: A TOOL FOR DETERMINING ORIGIN OF GOODS AND PROMOTE FAIR TRADE” Recently, EU has been focusing on strengthening its non-preferential rules of origin by prescribing tighter norms for the determination of…

Here is another episode of LKS’ all Law., where Mr. Prashant Pratyay and Mr. Gaurav Tiwari discuss the topic “Digital Personal Data Protection Act – Implications for financial entities and fin-tech sector” The Digital Personal Data Protection Act, 2023 introduces a comprehensive framework on data protection applicable to entities processing persona…

Here is another episode of LKS’ all Law., where Mr. Aman Joshi and Ms. Mehak Mehra discuss “Key Issues Impacting the Pharmaceutical Sector Classification, Human Resources & Investigations” Since the introduction of Goods and Services Tax (GST), Indian pharmaceutical companies have faced significant challenges in implementing their operations, revam…

Here is another episode of LKS’ all Law., Ms. Masooma Rizvi. and Ms. Rashi Srivastava discuss the topic “Withdrawal of Corporate Insolvency Proceeding Even Prior to Formation of Committee of Creditors is Permissible” The Honourable Apex Court, in the recent matter of Abhishek Singh vs. Huhtamaki PPL Ltd. and Ors. rendered a significant ruling, esta…

This podcast examines the decision of the Hon’ble High Court of Calcutta (‘High Court’) on an appeal (AID NO. 11 OF 2021) filed by Decco Worldwide Post Harvest Holdings B.V & Anr. (‘Appellant’) seeking to set aside an order (‘impugned order’) passed by the Controller of Patents and Designs (‘Respondent’) refusing the grant of the Appellant’s patent…

Here is another episode of LKS’ all Law., where Ms. Soumya Malhotra and Mr. Gaurav Tiwari speak about the much-awaited digital personal data protection bill 2023. Passed by both Lok Sabha and Rajya Sabha, the Digital Personal Data Protection Bill 2023 finally received assent from the Hon’ble President of India on 11th August 2023. This podcast is b…

Here is the latest episode of all Law, featuring Ms. Kanika Jain and Ms. Aishwarya Vardhan, as they delve into the recent ruling of the Maharashtra AAAR of CHEP India Pvt Ltd. This ruling examines a transaction and holds that although the supply of goods/services between distinct persons would amount to a supply under GST laws, the mere movement of…

This podcast addresses uncertainties in tax laws, particularly regarding the interpretation of legal provisions and the ensuing litigation. It focuses on the tax implications of exporting services, treated as tax-free or zero-rated under GST laws. The Export of Services Rules, 2005, have been subject to frequent amendments and litigations due to th…

The Finance Act, 2021 overhauled the then-existing reassessment provisions under the Income-tax Act. Earlier, the reassessment provisions required the Assessing Officer to form an “independent belief” based on the “new tangible material”. Now, the reassessment provisions have been made information centric. The Assessing Officer is required to posse…

In this podcast, we have explored how, despite not being a statutory remedy, the revival of Insolvency proceedings is permitted if the same was withdrawn pursuant to a settlement. We have discussed the process of revival. The process of revival would only arise if the terms of the settlement pursuant to which the IBC Proceeding was withdrawn, have …

The Government of India’s consistent push to promote domestic electronic industry’s manufacturing capabilities faced a slight dent due to the recent adverse judgement from the WTO. The judgement held that India’s import duty measures were inconsistent with its commitments & obligations under the WTO Agreements. The complainant’s (EU and several oth…

The Hon’ble Supreme Court of India (“Hon’ble SC”) in the recent decision in Saraf Exports v. CIT settled the issue of entitlement of deduction as per Section 80IB of the Income Tax Act, 1961 (‘IT Act’). The issue was pertaining to the receipts under Duty Drawback scheme (‘DDS’) and transfer of Duty Entitlement Pass book scheme (‘DEPB’). During the …

When producers/exporters export goods to other countries, they are likely to face anti-dumping and anti-subsidy investigations. To successfully face such investigations, the producers/exporters need to be trade-remedy ready. This podcast provides a short guide on the certain steps that producers/exporters should take in this regard. One, entities m…

Recently, an amendment was brought in through the Finance Act 2023 in section 11 of the Income Tax Act, 1961, through which only 85% of the total sums paid or credited by one charitable entity to another charitable entity will be deemed to be “application” towards charitable purposes. This amendment was brought in to discourage the practice of form…

The Hon’ble Supreme Court of India (“Court”) in the recent decision by the five-judge Bench in N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. (Judgment dated 25 April 2023), which is a reference from the decision of three judge Bench delivered by the Court on 1 January 2021 [(2021) 4 SCC 379], clarified the stance on the validity / enfo…

This podcast examines the decision made by Hon’ble High Court of Delhi (‘High Court’) on an appeal filed under Section 117A of the Patents Act, 1970 (‘Act’). The appeal was filed by Societe Des Produits Nestle Sa (‘Appellant’) seeking to set aside an order passed by the Controller of Patents and Design (‘Respondent’) refusing the grant of the Appel…

This podcast focuses on the interesting issue settled by the Hon’ble Madras High Court in the case of Eastman Exports Case pertaining to the reversal of ITC on the loss of inputs inherent to the process of manufacturing. The Hon’ble Court held that ITC can be claimed on the inputs which are lost in manufacture as such loss is inherent to the proces…

While the inclusion of interest amounts in ‘financial debt’, for the purposes of the Insolvency and Bankruptcy Code, 2016 (‘IBC’), is clearly provided for in the IBC, the interest component in the case of operational debt has always been a point of contention. Definition of the term ‘financial debt’under Section 5(8) of the IBC expressly includes t…

The podcast discusses the intricacies of TDS (tax deducted at source) withholding, which affects the taxable value under the Goods and Services Tax (GST) system in India. Under the Income Tax Act, 1961, TDS is withheld by Indian service recipients on the amount payable to foreign service providers. To clarify the taxable value under service tax, th…

Patentability of ‘Selection Inventions’ has been a hotly contested issue in India, especially in the context of pharmaceutical inventions. A selection patent is one whose subject matter (compounds or compositions) forms part of a larger known class or Markush structure of compounds which is the subject matter of a prior patent. A selection patent, …

Every year, the announcement of the Union Budget is eagerly awaited as one of the key tax policy events in India. This year was no different. Amongst various tax amendment proposals announced this year, proposal for taxing ‘cash’ benefits and perquisites is likely to have a wide-reaching impact on the taxpayers, especially in the context of waiver …

This podcast describes the amendment in claims that were allowed by the High Court in Delhi. Justice Hari Shankar in this landmark judgement had allowed amending claims from method of treatment to product (i.e., implant claims). This case will serve as a milestone since till date amending method of treatment claims to any other allowable claim form…

The imposition of trade remedial measures in India is a two-step process – the investigation conducted by the Directorate General of Trade Remedies (‘DGTR’) under the Ministry of Commerce and the final imposition of measures by the Department of Revenue under the Ministry of Finance (‘MoF’). This division of powers is clearly laid out in the Custom…

With India setting ambitious target to become net zero by 2070, the recent amendments to the Energy Conversation Act, 2001 brings in a regulatory framework in moving towards the stated goal of becoming a low carbon intense economy. A significant introduction in this amendment is the introduction of carbon markets that would enable entities to trade…

This podcast examines the decision made by the Hon’ble High Court of Delhi (‘High Court’) on an appeal (2022/DHC/004697) filed under Section 117A(2) of the Patents Act, 1970 (‘Patents Act’). The appeal was filed by Avery Dennison Corporation (‘Appellant’) seeking to set aside an order passed by the Controller of Patents and Designs (‘Respondent’) r…

Section 11 of the Income-tax Act, 1961 inter alia exempts the income of a registered Trust, earned from property held under Trust, while Section 13 of the Act contains certain anti-abuse provisions to deny exemption upon certain applications of the Trust income. Where any part of Trust income is applied / invested directly or indirectly, for the be…

The arbitral awards are given for various reasons and to know the GST implications on each of these awards it is pertinent to understand the nature of the awards given. The arbitral award may provide compensation to the parties, in the form of damages or it may be reimbursement of the amount which is incurred by one of the parties to the contract. …

GST was introduced vide 101st Constitutional Amendment Act to provide Center and State Government, the power to levy GST on supply of goods under Article 246A. The States lost power to assess VAT on sale of goods and hence, VAT laws were to be aligned till 16.09.2017. Thus, VAT limitation period could have been amended within above time; however, f…

The previous article published in our firm’s IPR Amicus, Issue No. 135 (December 2022)[1] highlighted evolving jurisprudence and the principles for filing divisional applications in India as laid out by the erstwhile Intellectual Property Appellate Board (‘IPAB’) and the Delhi High Court. A key prerequisite for filing a divisional application, as m…

The United States imposed additional duties of 25% ad valorem on steel imports into the country. Section 232 of the Trade Expansion Act of 1962 imposed additional duties. Several provisions of the General Agreement on Tariffs and Trade ('GATT') were violated, most notably the security exception in Article XXI. The US argued that the measures were j…

The Supreme Court’s landmark judgment in Ahmedabad Urban Development Authority laid down new law on claim of tax exemptions by charitable entities engaged in activities of General Public Utility (i.e., GPU) and deriving incidental business income. This judgment overruled the earlier “predominant object test” set by the Supreme Court in Surat Art Si…

The article discusses workplace investigations in India. It notes that due to the subjective nature of the investigations under consideration, there is no set mechanism or strict procedure which needs to be adhered to, for conducting such investigations. The authors however discuss the broad guidelines related to requisition, review and questionnai…

Recent cases on divisional applications, in India, redefine the requirements with respect to divisional applications. An applicant, to whom divisional applications have been invaluable for securing multiple patents arising out of a single inventive platform, the recent decisions may appear more restrictive. To bring uniformity in practice and in th…

In the previous Podcast, we started navigating trade in a world of sanctions. We understood that among the numerous measures adopted by the US, the war has brought into focus the use of sanctions as an instrument to penalize Russia and its allies such as Belarus. As a leading user of sanctions, the United States has one of the most comprehensive le…

The Government has with effect from 19 November 2022 rolled back export duty on iron ore pellets and steel products, including pig iron, flat-rolled products of carbon steel and stainless steel, bars, rods, and non-alloy steel. Export duty on iron ores with a grade higher than 58% has been reduced from 50% to 30%, while the lower grade iron ores no…

The company secretary (CS) of Deccan Chronicle Holding Limited ('DCHL') was absolved by the Securities Appellate Tribunal ('SAT'), Mumbai, from the liability imposed by the Adjudicating Officer ('AO') of the Securities Exchange Board of India ('SEBI') on DCHL for misleading financial statements and information given by the company. Earlier this yea…

In the context of dividend income of French and Netherlands shareholders, the applicability of MFN clause has been a subject matter of dispute between the taxpayers and the Revenue authorities. The taxpayers have argued that MFN clause is applicable on dividend income received by Netherlands and French shareholders, and as a result, the dividend in…

The Ministry of Electronics & Information Technology notified an amendment to the Intermediary Guidelines proposing certain enhanced due diligence obligations for intermediaries apart from introducing grievance appellate committees. In this podcast, the authors discuss the amendment in light of enhanced obligations such as publication of policies i…

The outbreak of the war in Ukraine has brought into focus the use of sanctions as a tool by Western countries to punish Russia and Russian entities. While the use of sanctions as a tool to achieve foreign policy and military objectives is well known, Indian businesses are less aware of the implications of Western unilateral sanctions for dealing wi…

The tax treaties entered between India and other countries aims to avoid double taxation of income in the hands of a person (taxable in multiple countries) by providing him with an option to claim credit of the tax paid in a foreign country (FTC) against his tax liability in India. Rule 128 of the IT Rules provides that FTC to be allowed in India w…

Can trademark infringement be established in cases where recycled bottles with the trademark of one party embossed on such bottles are used by the other party for the sale of their goods? This issue was discussed by the Delhi High Court in the recent case, Anheuser-Busch LLC v. Mr. Surjeet Lal and Anr. decided on March 14, 2022. In this case, the D…

Telecommunications Law in India is currently governed by the Telegraph Act, Wireless Telegraphy Act and various licenses issued by Department of Telecommunications. Recently, the Government released the Draft Indian Telecommunication Bill, 2022 which proposed a renewed and future-ready framework governing the sector and provision of telecommunicati…

The Hon’ble Gujarat High Court in Real Strips Ltd. v. Union of India recently held that the nature of levy and revocation of Countervailing Duty is Quasi-Judicial. The Court relied on PTC India v. CERC to hold that the appeal provision in section 9C would make the levy of duty by the Central Govt. a quasi-judicial function. This podcast discusses t…

Focusing on the exporters’ obligations upon non-realization of export payments from erring foreign importers, this article discusses at length the legal and other remedies available with the exporters where the export transactions are not secured in any manner. The article in this regard analyses the civil remedies, remedy through alternative dispu…

The Income-tax Act, 1961 seeks to levy tax on a non-resident (including a foreign company) only on that income which accrues or arises or is received in India. The Act also requires every company (including a foreign company) to furnish an annual return of income. In this background, one of the issues which has been of wide interest and contemplati…

The recently announced Indo-Pacific Economic Framework (IPEF) includes commitments on four pillars, one of which relates to building an inclusive, free and fair trade in digital markets, also on free cross-border data flow. India decided against engaging on the fourth pillar of the IPEF at the moment, waiting for emerging contours and owing to ongo…

The Government is set to revamp the landscape of information technology law in India through the introduction of the Digital India Act("DIA") which would replace the Information Technology Act, 2000. While the DIA is proposed to be a comprehensive framework which will cover different aspects of digital space including modern technologies like Artif…

Competition Regulators try to restrict practices such as exclusive arrangements or refusals to deal with certain parties, as they may be anti-competitive in nature. This is often seen as interference with the commercial wisdom and autonomy of running a businesses. In this podcast, we will look at this conflict in closer detail, in light of CCI's re…

Due to periodical amendments, the provisions relating to levy of interest under GST has been the subject matter of varied interpretations. Recently, the Central Goods and Services Tax Rules, 2017 (‘CGST Rules’) have been amended vide the Amendment Rules, 2022 to introduce a new Rule 88B, retrospectively with effect from 1 July 2017. The said rule p…