articles
Commercial litigation
Supreme Court clarifies on assessment of amalgamated entities
22 August 2022
The article examines the rationale and thrust of a recent Supreme Court decision in the case of Mahagun Realtors (P) Ltd., wherein the Apex Court has clarified that an amalgamation would not per se invalidate an assessment order issued in the name of the transferor company. Discussing the facts of the case, the authors elaborate on the findings of the Court that notice issued in name of amalgamated entity is not always fatal to the proceedings
Direct Tax
Violation of Section 13 of the Income Tax Act – Denial of entire exemption vs. partial exemption
19 August 2022
The Income Tax Act, 1961 (‘IT Act’) provides for various benefits for trusts which are established for charitable or religious purposes and registered under the IT Act. Sections 11 and 12 of the IT Act are the substantive provisions for exemptions available to religious and charitable trusts.
Intellectual Property
Trademark squatting – Jurisdictional perspectives
18 August 2022
The ‘Doctrine of Territoriality’, accords protection to a trademark within the territory of the state where it has been registered or used. In simpler words, it means that a trademark shall be protected against any unauthorized use by any person within the country where it has been registered, used, or is known to the public.
Intellectual Property
Data Protection Bill withdrawn: Roadblocks towards a comprehensive data protection framework
05 August 2022
This week witnessed yet another roadblock towards a comprehensive data protection framework for India, as the Data Protection Bill, 2021 (‘Bill’), as reported by the Joint Committee of the Parliament (‘JCP’), was withdrawn in the Parliament , amidst reports that a comprehensive legal framework is being worked upon, considering the recommendations of the JCP.
Intellectual Property
Data Privacy in India: Implementation Series – Preparing a Privacy Notice – Part 2
01 August 2022
In Part 1 of the Implementation Series, we discussed the first four essentials as proposed under the Data Protection Bill, 2021 (the ‘Bill’). Here, we will deal with the next four elements of a privacy notice specified under Clause 7 of the Bill.
International Trade & WTO
Opening market access in government procurement through India-UAE FTA
29 July 2022
In March 2022, India and UAE entered into a Free Trade Agreement. This Agreement is known as Comprehensive Economic Partnership Agreement (‘CEPA’). Among different aspects of trade and investment that were negotiated and incorporated under this agreement, the chapter on government procurement stands out.
Goods and Services Tax
Arrest of perpetrators for fraudulent passing and availing ITC in GST – Some issues
27 July 2022
Under the Cenvat and Modvat regime as well as under various incentive schemes under the Customs law/FTDRA, there were unscrupulous persons, who created various firms/companies in the name of other individuals, existing or non-existing, for the purposes of undertaking fraudulent paper transactions.
Intellectual Property
Data Privacy in India: Implementation Series - Preparing a Privacy Notice - Part 1
25 July 2022
India is moving towards a privacy conscious regime and is trying to catch up with the world on recognizing privacy in digital space. While handling personal data, a data fiduciary is to adhere to the principles of lawfulness, transparency, fairness, data minimisation, accuracy, integrity, accountability, purpose and storage limitation.
Direct Tax
Deduction under 10AA – Benefit available even after sunset date?
21 July 2022
Special Economic Zones (‘SEZ’) were introduced with an intent to drive economic growth along with quality infrastructure complemented by attractive fiscal package. Initially introduced in the form of SEZ Policy in 2000, the scheme was subsequently formalised in the form of SEZ Act, 2005 (‘SEZ Act’).
Corporate
Prevention of misleading advertisements – Analysis of guidelines issued by Central Consumer Protection Authority
20 July 2022
The Consumer Protection Act, 2019 (‘Act’), which came into force on 20 July 2020, defines ‘misleading advertisement’ in relation to any product or service
Intellectual Property
Single colour trademarks – A ‘grey’ area
18 July 2022
The trademark regime in India provides broad protection and covers unconventional marks such as shape marks, sound marks, image marks, combination of colours, etc. However, when it comes to single colour marks, the regime is far from colourful.
Intellectual Property
Obtaining statutory licence requires strict compliance with Copyright Rules
18 July 2022
Over the years, radio broadcasters and copyright owners i.e., music producers have been in a tussle before various courts and tribunals on various issues pertaining to music licensing. In the past year, radio broadcasters and music producers have been at crossroads with each other regarding compliance with certain rules prescribed for obtaining a statutory licence.
Competition and Antitrust
Bid-Rigging in Public Procurement: An Indian Perspective
08 July 2022
The Competition Commission of India (“CCI”) in recent years, has become a vigorous regulator. Frequent, suo moto investigations, exemplary penalties to create a deterrent effect, and market studies to better understand evolving markets are some of the actions taken by the CCI in the past few years.
International Trade & WTO
Notes from the WTO’s 12th Ministerial Conference – India saves the day
30 June 2022
The World Trade Organization (‘WTO’) concluded the 12th Ministerial Conference (‘MC 12’) in Geneva on 16 June 2022. Being the first Ministerial Conference since the outbreak of the Covid pandemic in 2020 and being held after a more than four-year hiatus, MC 12 was one of the most anticipated Ministerial Conferences.
Goods and Services Tax
Compensation Cess and sharing of revenue with States – Some points to ponder
24 June 2022
On the 5th Anniversary of implementation of GST in India, the article discusses the levy of compensation cess which was initially imposed to compensate the States for their revenue loss due to GST implementation, and which was supposed to expire after 5 years. Elaborately discussing the levy, the article deliberates the background of the recommendation of the GST Council to extend the levy till March 2026. It also notes how the States will not get any compensation after June 2022. The authors...
Corporate, Mergers & Acquisitions / PE
Contract labour under the new regime – An Overview
22 June 2022
Under the Constitution of India, ‘labour’ is a subject matter of the concurrent list. Therefore, both Central and State Governments have the power to enact labour and employment legislations. This has frequently resulted in legal quagmires because of numerous laws being enacted having overlapping provisions and governing similar subject matters relating to labour and employment.
Direct Tax
The Government Giveth and the Government Taketh Away: Charitable Institutions satisfied but facing accounting complexities
20 June 2022
The year 2022 has witnessed major changes in exemption regimes available to charitable institutions under the Income-tax Act, 1961 (‘IT Act’). Through these changes, while the Government has seemingly decayed one issue faced by charitable institutions, it has also given birth to a new one. The following paragraphs will discuss both these issues and analyze the Jekyll and Hyde nature of the amendments of 2022.
Intellectual Property
Scope of remand in pre-grant oppositions
16 June 2022
The present article deals with a noteworthy decision of the Indian Patents Office (‘IPO’) on the pre-grant opposition under Section 25(1) of the Patents Act, 1970 (‘Patents Act’). The said order was issued pursuant to the Delhi High Court (‘High Court’) remanding the matter to the Assistant Controller of Patents & Design (‘Controller’).
Regulatory
Amendment to Intermediaries Guidelines
15 June 2022
Recently, the Ministry of Electronics & Information Technology (‘MEITY’) released a draft amendment (‘Draft Amendment’) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘Guidelines’) for public consultations. The Draft Amendment proposes to bring about certain changes to the grievance redressal mechanism, timelines for responding to grievances and proposes constitution...