News
Patent revocation petition is maintainable even if defence of invalidity of suit patent taken in an infringement suit
20 January 2025
The Delhi High Court has in its Judgement dated 15 January 2025 held that a revocation petition is maintainable even if the petitioner had filed a written statement, taking a defence of invalidity of the suit patent under Section 107 of the Patents Act, in an infringement suit filed by the patentee. It was also held that a revocation petition can be filed or sustained (if already filed) after the expiry of the term of the patent.
Draft Digital Personal Data Protection Rules 2025 released
06 January 2025
The draft Digital Personal Data Protection Rules, 2025 have been released on 3 January 2025, over a year since the passing of the Digital Personal Data Protection Act, 2023, for public consultation and feedback. The Rules provide a much-needed operational framework based on which the DPDPA would apply to various entities, and provide further clarifications and guidance on the scope, extent and nature of various obligations.
Telecommunication towers are not immovable property – ITC is not deniable under Section 17(5)(d)
03 January 2025
The Delhi High Court has held that telecommunication towers would not fall within the ambit of Section 17(5)(d) of the CGST Act and thus denial of input tax credit is consequently not sustainable.
55th GST Council Meeting – Highlights
23 December 2024
The 55th GST Council Meeting was held in Jaisalmer on 21 December 2024. The Council has recommended on number of issues including on rate of tax on various goods and services, measures for facilitation of trade and for streamlining compliances, and various other measures pertaining to law and procedures. Few of the important measures/changes as recommended by the Council and stated in the Ministry of Finance Press Release are highlighted below.
Zinc sulphate (agriculture grade) is a fertilizer – Sulphuric acid for manufacture of said item is eligible for exemption
18 December 2024
The Larger Bench of the CESTAT has on 12 December 2024 held that an assessee is eligible for benefit under Sl. No. 32 of Notification No. 4/2006-C.E., dated 1 March 2006 on procurement of sulphuric acid for manufacture of zinc sulphate (agriculture grade). Sl. No. 32 of the notification provided for nil rate of central excise duty on sulphuric acid used in the manufacture of fertilizers.
Patents – Filing of Divisional Application on the day of grant of patent in original application is not fatal
11 December 2024
The Madras High Court has quashed the Order passed by the Deputy Controller of Patents and Designs refusing to grant patent in respect of a Divisional Application on the ground that the same was filed after the grant of patent in respect of the original patent application filed by the applicant-appellant.
Cenvat credit available on mobile towers and pre-fabricated buildings installed for providing output services
22 November 2024
The Supreme Court has on 20 November 2024 held that the telecom companies are entitled to avail Cenvat credit of the central excise duty paid on towers and shelters/Pre-fabricated buildings (PFBs) procured by them and installed/erected for providing output services of telecommunication services.
Extension of time limits provided by TOLA applies to limitation period provided for reopening of assessment and for grant of sanction
23 October 2024
The provisions relating to reopening of assessments, as they stood prior to the Finance Act, 2021, were contained in Sections 147 to 151 of the Act (‘Old Law’). Under the Old Law, if the AO had reasons to believe that an income chargeable to tax has escaped assessment, then the AO could reopen the assessment by issuing a notice u/s. 148 of the Act. Such notice could have been issued within 4 / 6 years from end of relevant assessment year.
GST – ITC is available on construction of ‘plant’ for letting out
10 October 2024
The Supreme Court has held that if the building in which the premises are situated qualifies for a ‘plant’, Input Tax Credit (ITC) can be allowed on goods and services used in setting up the immovable property, which is a plant.
Compressors used in car air-conditioners are classifiable under TI 8414 80 11 – SC decision in Westinghouse distinguished
03 October 2024
The CESTAT Bench at Chennai has held that air compressors for use in car air-conditioners are classifiable under Tariff Item 8414 80 11 of the Customs Tariff Act, 1975 wherein Heading 8414 covers ‘Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters’. The assessee was represented by Lakshmikumaran & Sridharan Attorneys here.