articles
Direct Tax
Pandora’s box of income-tax implications arising from 2014 amendment to Employee Pension Scheme, 1995
20 December 2024
The article discusses certain unforeseen income-tax implications, on the monies that would be contributed to the Pension Fund, as well as monies that would be receivable from the Pension Fund and Provident Fund. The discussion is limited to the income-tax liability in the hands of the employees on, transfer of balances from PF Scheme to Pension Scheme, contribution to the Pension Scheme from PF Scheme, and on receipt of pension from the Pension Scheme at the time of retirement.
Intellectual Property
Patentability of computer related inventions – Court’s inconsistent approach underscores complexity but creates uncertainty
17 December 2024
The Delhi High Court, in two of its recent decisions, demonstrated disparate approaches of assessing patentability of computer related inventions (CRIs) under Section 3(k) of the Patents Act, 1970. Discussing the two decisions, the article highlights that this underscores the complexity and nuanced nature of assessing patentability of CRIs under the Indian patent law.
Intellectual Property
The number game – Alphanumeric and numeral trademarks
17 December 2024
The article discusses a recent dispute wherein a well-known Indian airline has instituted a trademark infringement suit against a reputed Indian car manufacturer, over the use of its alphanumeric mark ‘6E’. Elaborately discussing as to what are alphanumeric and numeral marks, their registrability, Trade Mark Registry’s approach to distinctiveness, and jurisprudence on conflicts over such marks, the authors note that…
Regulatory
Ensuring compliance with the Product Certification Scheme of BIS
10 December 2024
The article throws light on the essential elements of Scheme-I of the BIS (Conformity Assessment) Regulations, 2018, also known as the Product Certification Scheme of BIS. Elaborately discussing the procedures, the authors state that while the procedural aspects demand meticulous compliance, the benefits certainly outweigh.
International Trade & WTO
The UK CBAM: Carbon conundrum at the crossroads of trade and sustainability
05 December 2024
The article highlight the Indian businesses need to become proactive in understanding the legal obligations, compliance requirements, and commercial implications of the UK CBAM, and assess the same in advance so that they can give a clear picture to their customers in UK on the potential CBAM exposure.
Corporate
Navigating the challenges of Quick Commerce: Can Indian regulatory framework keep up?
03 December 2024
The article explores the legal challenges within the Quick Commerce sector, evaluates India's regulatory readiness, and highlights key legal considerations for these platforms. It is essential to note that these challenges primarily arise owing to the unique features of quick Commerce being supply through dark stores and complex ownership structures. The authors also highlight some potential considerations and solutions.
Corporate
Extending ‘employee’ status to Gig Workers – Implications of employee misclassification
02 December 2024
Elaborately analysing the recent Karnataka HC decision, the authors raise a pertinent question - if the driver-partners can be considered employees of the cab aggregator for the purposes of PoSH Act, basis the level of control and supervision wielded by the cab aggregator, why not for the purposes of employee compensation, state insurance, provident fund, gratuity, leaves, protection as a workman, etc.
Goods and Services Tax
Blocking of ITC ledger: The havoc of Rule 86A
28 November 2024
The article discusses Rule 86A of the CGST Rules, which empowers the department to block ITC ledger in cases involving fake ITC. Observing that greater the power, the more dangerous the abuse; and it is no different in the case of said Rule, the authors deliberate on various case law on number of issues including on ‘borrowed satisfaction’, ‘temporary measure’, ‘negative blocking’, etc.
Direct Tax
Taxability of sale consideration retained in escrow: A conundrum
22 November 2024
Ordinarily in the case of a sale, the price received by a seller should be taken as the ‘full value of the consideration’ for calculating capital gains. However, a legal quandary arises in the cases where a portion of the consideration is retained in an escrow account. Taking note of various case law, the article ponders over the questions as to whether such retained amount falls within the purview of ‘full value of the consideration’ and what would be the year of its taxation
Intellectual Property
Maneuvering the expedited routes of patent prosecution – IPO, EPO and USPTO
21 November 2024
Bearing in mind the existing provisions for expedited examinations, the article focuses on key routes available at the Indian Patent Office (‘IPO’) compared with the European Patent Office (‘EPO’) and the United States Patent and Trademark Office (‘USPTO’).
Intellectual Property
Bridging the Divide in Indian Biodiversity Law
14 November 2024
The Biological Diversity (Amendment) Act, 2023, and the Biological Diversity Rules, 2024, which will come into effect after 21 December 2024, provide an orchestration for management of India’s biological resources with due consideration to the interests of stakeholders as well as the local communities.
Regulatory
Understanding the Conformity Assessment Schemes of BIS
13 November 2024
The article highlights ten distinct conformity assessment schemes, each aimed at facilitating compliance with Indian Standards (IS) across various sectors and analysis their legal scope, and significant updates.
International Trade & WTO
Provisional anti-dumping measures in India – Overview of the law and practice
07 November 2024
The article discusses the law and practice surrounding the provisional anti-dumping measures in India. It elaborately analyses the legal provisions, timelines for imposition of provisional anti-dumping duty (‘ADD’), and a few other practical aspects relating to imposition of such duty.
Corporate
Fact Check Unit amendment invalidated – Intermediaries in the line
07 November 2024
The article discusses a recent decision of the Bombay High Court striking down the amendment to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The Rule required intermediaries to remove content relating to Government business flagged by an Fact Checking Unit as fake, false, or misleading.
Direct Tax
Applicability of Doctrine of Merger between intimation under Section 143(1) and assessment order under Section 143(3)
22 October 2024
The article in this issue of Direct Tax Amicus discusses the issue of whether an intimation under Section 143(1) of the Income Tax Act, 1961 will automatically merge with an assessment order under Section 143(3). Considering various decisions of the ITAT, the authors note that it can be inferred that a strait jacket formula cannot be adopted for applying the Doctrine of Merger.
Intellectual Property
The crocodile conundrum: Lacoste v. Crocodile International explained
21 October 2024
The article discusses the recent judgement of Lacoste & Anr. v. Crocodile International Pte Ltd. Wherein the Delhi High Court ruled upon a two-decade long conflict between so-called ‘mirror’ logos of a crocodile/ saurian. The judgment also highlights the test of the various principles and procedures, which lie in disputes that are subject to trial.
Intellectual Property
With great influence comes great responsibility: Trademark disparagement
21 October 2024
The article discusses the recent decision of Delhi High Court of Zydus Wellness Products Limited v. Prashant Desai . The court highlights the importance of Social Media Influencers to avoid commenting on topics outside the realm of their expertise.
Regulatory
Standards and Quality Control Orders: The backbone of India’s quality revolution
14 October 2024
Indian Standards and Quality Control Orders can have far-fetched implications for businesses manufacturing or importing goods and services in the Indian market. This article explores various provisions vis-à-vis the same and discusses the mandatory nature of QCOs, their applicability on imported goods, and various case law.
Corporate, Mergers & Acquisitions / PE
Fast Track Merger: Regional Director does not have power to reject the Scheme
04 October 2024
The article provides a detailed discussion of a recent Bombay High Court decision in Asset Auto v. UoI, which reviews the discretionary power provided to the Regional Director of the central government in respect of fast-track mergers provided under Section 233 of the Companies Act, 2013. According to the High Court, the Regional Director does not have the power to outrightly reject the scheme.