News
Sunset review of anti-dumping duty – Existence of sufficient factual material is mandatory to apply exception of continuation of duty
01 March 2022
The anti-dumping bench of the CESTAT has upheld the final findings of the Designated Authority (‘DA’) in the Directorate General of Trade Remedies (‘DGTR’), in the sunset review, for non-continuation of anti-dumping duty on PVC flex films from China PR. Dismissing the appeal filed by the domestic industry, the Tribunal observed that the DA was justified in holding that there did not exist sufficient factual material to allow it to conclude that there was a likelihood of continuation...
No confiscation of land, building and plant and machinery after omission of Central Excise Rule 173Q(2)
28 February 2022
Observing that on the date of the confiscation in March 2007, Rule 173Q(2) of the Central Excise Rules, 1944 stood omitted from the statute books vide Notification dated 12 May 2000, the Supreme Court has set aside the confiscation of land, building and plant and machinery under said Rule 173Q(2).
No tax exemption to pharma companies on gifts to doctors
23 February 2022
The Supreme Court has held that pharmaceutical companies are not entitled to claim tax exemption on the expenditures in giving gifts/freebies to doctors to promote their respective medicines. The Apex Court in its decision dated 22 February 2022 noted that the claim of any expense incurred in providing gifts/ freebees in violation of the provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 shall be inadmissible under Section 37(1) of Income Tax...
India UAE sign trade agreement on goods and services
21 February 2022
India has on 18th of February signed a Comprehensive Economic Partnership Agreement (‘CEPA’) with the United Arab Emirates. The Agreement which is expected to be operational with effect from May 2022, while will allow duty-free import of food products, textiles, gems & jewellery and pharmaceuticals into UAE from India, imports of certain petrochemicals and dates from UAE will also see import duty cuts in India.
Trademark disparagement – Comparison pointing out deficiency of rival product slanderous and mischievous
17 February 2022
Applying the Delhi High Court decision in the case of Reckitt Benckiser (India) Pvt. Ltd. v. Hindustan Lever Limited [151 (2008) DLT 650], the Calcutta High Court has held that an advertisement claiming that Baidhyanath Chyawanprash Special is ‘enriched with 52 Ayurvedic herbs’ whereas ‘ordinary Chyawanprash’ are made ‘with 42 ingredients only’, is disparaging.
Purchaser of goods/services can also be an operational creditor
10 February 2022
Indian Union Budget 2022 proposes a scheme for taxation of virtual digital assets
01 February 2022
Presenting the Union Budget 2022, the Finance Minister of India has on 1 February 2022 proposed a new scheme to provide for taxation of virtual digital assets.
Words ‘Renaissance’ and ‘Sai Renaissance’ are phonetically as well as visually similar – Confusion to be presumed in infringement action when marks and goods/services identical
23 January 2022
The 3-Judge Bench of the Supreme Court of India has set aside the High Court decision which in turn had set aside the Trial Court decision holding that the ‘Renaissance’ mark of the plaintiff would be eligible for protection under Section 29(2)(c) read with Section 29(3) of the Trade Marks Act, 1999 against use of the mark ‘Sai Renaissance’ by the defendant, for the same hotel and hospitality services.
Faceless Assessment Scheme does not mean no personal hearing – Word ‘may in Section 144B(7)(viii) should be read as ‘must’ or ‘shall’
17 January 2022
The Delhi High Court has opined that a faceless assessment scheme does not mean no personal hearing. The Court in this regard was of the view that where an action entails civil consequences, observance of natural justice would be warranted. It held that unless the law specifically excludes the application of natural justice, it should be taken as implanted into the scheme.
Limitation for judicial or quasi-judicial proceedings – Supreme Court excludes period from 15 March 2020 till 28 February 2022
11 January 2022
Taking into consideration the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, the Supreme Court of India has directed that the period from 15 March 2020 till 28 February 2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.