News
Copyrights – Commonality of arrangement of known elements must be demonstrated for infringement
26 November 2021
The Bombay High Court has reiterated that if a copyright is claimed in the arrangement or assembly, it must be shown that that the arrangement has been substantially copied. According to the Court, it will not be helpful to say that known elements have been put together in some form, and that those elements also feature in the other work.
‘Manufactured sand’ covered under ‘sand’ – Common parlance is the best way to classify goods
10 November 2021
Applying the principle of common parlance, the Karnataka High Court has held that ‘sand’ includes ’manufactured sand’ in whatever name it would be called. The High Court was of the view that Notification dated 31 March 2015 was only clarificatory and would not disentitle the assessee to claim the reduced rate of tax at 5/5.5% under Entry 83 of the Third Schedule of the Karnataka Valued Added Tax Act.
Anti-absorption provisions introduced in anti-dumping and countervailing duties Rules
01 November 2021
The Ministry of Finance has introduced the provisions relating to ‘anti-absorption’ in the trade remedy measures being enforced by India. Amendments in this regard have been made in the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995.
Right of refund of amount paid during investigation when is independent of process of investigation
27 October 2021
The Karnataka High Court has directed the Revenue department to consider assessee’s refund application in respect of the amount paid during investigation in November 2019. The investigation was not concluded till the hearing before the Court. Considering the facts of the case where it found that the amount was not paid voluntarily, and the assessee was a bona fide taxpayer, the Court observed that consideration of the right of refund would be independent of the process of investigation.
GST Registration – High Courts rule against cancellation of registration
25 October 2021
Two High Courts have recently held against cancellation of GST registrations of the assessees by the Revenue department in certain specific situations. While Orissa High Court has held that the registration of purchasing dealer cannot be cancelled for a fraud committed by the selling dealer, Patna High Court has held that GST registration cannot be cancelled without considering reasons for delay in filing of the periodic GST returns.
More flexible capital reorganization for private companies – Reclassification of equity shares as preference shares not impermissible
20 October 2021
In an interesting application for sanctioning a scheme of amalgamation, which involved conversion of equity shares into preference shares, the National Company Law Tribunal (‘NCLT’) has held that such reclassification is permissible and could not be deemed to be impermissible.
Reassessment proceedings, on or after 1 April 2021, can be initiated only in accordance with the new reassessment provisions brought by Finance Act, 2021
18 October 2021
A batch of writ petitions were filed by various individual petitioners before the Allahabad HC, challenging the validity of initiation of re-assessment proceedings under the erstwhile Section 148 of the IT Act, by way of notices issued after 1 April 2021. The Court categorically held that any reassessment proceedings initiated after 1 April 2021 can be initiated only in accordance with the New Provisions.
Passing off in ‘get up’ or packaging – Karnataka High Court lays down guidelines
07 October 2021
The Karnataka High Court recently laid down certain guidelines for passing off cases in respect of the get up of the product or service. According to it ‘material misrepresentation’ occurs when the central or prominent feature of plaintiffs goods is embodied in the defendant’s such a way that the public may be led to believe that there is or may be a relevant connection between the two parties.
Production Linked Incentive (PLI) scheme for automobile and auto components notified
27 September 2021
The Ministry of Heavy Industries has notified the Production Linked Incentive (‘PLI’) scheme for the automobile and auto components industry. Certain highlights of the scheme which is to be read along with the guidelines laid down for the effective operation and smooth implementation of the scheme are...
Fees payable by educational institutions reduced – Patents Rules, 2003 amended
24 September 2021
The Government of India has notified the Patents (Amendment) Rules, 2021 on 21 September 2021. Amending the Patent Rules, 2003 with effect from 21 September 2021, the Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has extended the benefit of reduction in official fees to educational institutions also.