articles
Intellectual Property Rights
Use as trade mark sine qua non to claim honest concurrent use
20 October 2014
The Bombay High Court vide its judgment dated 15th September, 2014 in ITM Trust v.
Corporate Advisory
Responsibilities of independent director - A magic bullet or unnecessary appendage?
20 October 2014
The recently enacted Companies Act, 2013 (“Act”), has not only ushered in a new legislative framework but has also put in a place a new paradigm of corporate governance with detailed provisions as to appointment of independent directors.
International Trade & WTO
Refund of anti-dumping duty as a result of review investigation
13 October 2014
Section 9AA [see end note 1] of the Customs Tariff Act, 1975 provides for refund of anti-dumping duty in certain cases. It provides as below:
Direct Tax
Transfer Pricing and location savings - An Indian perspective
13 October 2014
Relocation of business from one country to another, where the labor and other costs are comparatively cheaper, results in cost saving to the Multi National Enterprise (‘MNE’) groups.
Direct Tax
Tax issues surrounding human capital movement
13 October 2014
Globalisation has led Multinational Companies (MNCs) to increase cross border secondment of technical, managerial and other employees to their subsidiaries located in low cost jurisdictions such as India.
Direct Tax
Valuation of asset - A tax riddle faced by real estate firms
29 September 2014
When a partnership firm is formed for carrying on real estate business and a partner contributes land or building therein then the tax consequence of contribution of such land or building becomes a tricky issue.
Intellectual Property Rights
Trademark battle over the word “PINK”
24 September 2014
The Chancery Division of the Community Trade Mark Court recently decided [see end note 1] against Victoria's Secret UK Ltd.
Banking & Finance, Mergers & Acquisitions / PE, Regulatory Laws
Recent FDI reforms in India
16 September 2014
Foreign funding is important to bridge the huge fund gap of investment in infrastructure in India, which in turn will spur economic growth. According to a recent report, the inflow of foreign direct investment (“FDI”) was US $ 28 billion in 2013, an increase of 17% over the previous year.
Incentive by State Government is disincentive to excise assessees
15 September 2014
The Supreme Court in Super Synotex [see end note1] case had considered the Sales Tax Incentive Scheme extended by State of Rajasthan.
International Trade & WTO
Emerging jurisprudence in export restraint measures in trade
15 September 2014
Export restraints generally refer to measures imposed by an exporting country on the export of certain goods which may take the form of export quotas, duties, and licensing or minimum price requirements.
Direct Tax
TDS default on payments made to non-residents – Disallowance @ 30%?
22 August 2014
Tax reforms can play a decisive role in supporting growth, by removing distortions, enhancing transparency and ensuring certain level of stability in the area of international taxation.
Intellectual Property Rights
Compulsory license – High Court upholds IPAB Order
22 August 2014
The Division Bench of the Bombay High Court by its recent order [see end note 1] dated 15th July, 2014 upheld the order of the Intellectual Property Appellate Board (IPAB) [see end note 2] dated 4th March, 2013 granting a compulsory license to Natco Pharmaceuticals (Natco) under Section 84 of the Patents Act, 1970 (the Act).
Corporate Advisory
Understanding Corporate Social Responsibility (CSR)
22 August 2014
The Companies Act, 2013 (CA 2013) has introduced path-breaking changes in governance mechanisms, compliances and disclosures, appointment and scope of auditors, responsibilities of independent directors, investor protection and mergers and acquisitions.
Compulsory pre-deposit & complete withdrawal of discretion to grant stay
19 August 2014
One of the important changes made as part of the amendments brought by Finance (No. 2) Act, 2014 is the amendment to the provisions relating to pre-deposit and grant of stay in Customs, Excise and Service Tax laws.
International Trade & WTO
Procedural conundrum of Indian safeguard law
07 August 2014
Even though the mechanism set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS) in India through its domestic safeguard provisions [see end note 1] satisfy the basic requirements required for its implementation, however, when compared to other countries, there remain a lot of procedural loop-holes still to be filled in to make the safeguard investigation process more transparent and clear.
International Trade & WTO
US provisions violate WTO’s SCM agreement – DSB Panel
07 August 2014
The Panel composed by Dispute Settlement Body of the World Trade Organization (Panel) in United States – Countervailing Measures on certain Hot-rolled carbon steel flat products from India released its report on 14-7-2014. The dispute was filed by India in 2012 and it relates to WTO compatibility
Intellectual Property Rights
Registration of license / assignment deed under the Patents Act - Mandatory or not?
07 August 2014
A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty.
Legal status of clarifications through Budget instructions of CBEC
23 July 2014
In this year’s budget, i.e. Budget 2014-15, the Joint Secretary, Tax Research Unit [JS (TRU)-I], Central Board of Excise & Customs [‘CBEC’ or ‘Board’], has sought to clarify the legal position involving interpretation of certain Customs and Central Excise notifications through an annexure to his covering letter [see end note 1] addressed to the Chief Commissioners and Commissioners of Customs and/or Central Excise.
Direct Tax
Tax treatment of exchange fluctuation loss on ECB
23 July 2014
One of the most apprehensive subjects for India for last couple of years has been the dwindling rupee value which besides triggering inflation and broadening the current account deficit has also augmented certain tax related issues.