News
Intellectual Property Appellate Board (IPAB) abolished
05 April 2021
The Central Government has by way of an Ordinance issued last Sunday (4 April 2021) abolished Intellectual Property Appellate Board (‘IPAB’). It may be noted that a Bill for this purpose was earlier introduced in the lower House of the Indian Parliament (Lok Sabha) on 13 February 2021 but could not be taken for consideration and passing. The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (‘Ordinance’) seeks to amend...
PLI Scheme for food processing industry gets Cabinet’s approval
01 April 2021
The Union Cabinet has on 31 March 2021 approved a Production Linked Incentive Scheme for the Food Processing Industry. The scheme, with the outlay of INR 10900 crore, has the objective to support creation of global food manufacturing champions and strengthen select Indian brand of food products for global visibility and wider acceptance in the international markets.
Technical Barriers to Trade – 20 new specific trade concerns raised – Indian measures lead the table with 5 recent measures questioned at WTO
29 March 2021
Several of the Indian measures were questioned at the last meeting of the WTO’s Committee on Technical Barriers to Trade.
Copyright registration is not mandatory for seeking remedy of infringement
24 March 2021
Holding the Bombay High Court decision in the case of Dhiraj Dharamdas Dewani v. Sonal Info Systems Pvt. Ltd. and Others as per incuriam, the Coordinate Bench of the same Court has held that registration under Copyright Act, 1957 is not mandatory.
Incentives received by travel agents from airlines and CRS companies not liable under Business Auxiliary Services
19 March 2021
The Larger Bench of the CESTAT has held that the target-based incentives and the Central Reservation System (‘CRS’) commission received from airlines and CRS companies respectively, by the air travel agents, is not liable to service tax under the category of Business Auxiliary Services (‘BAS’). It was held that travel agents were not promoting business of airlines or of CRS companies and that incentive for achieving targets was not taxable.
DRI officer not ‘the’ proper officer to issue show cause notice under Customs Section 28(4)
10 March 2021
The 3-Judge Bench of the Supreme Court has held that DRI has no authority in law to issue a show cause notice under Section 28(4) of Customs Act, 1962 for recovery of duties allegedly not levied or paid when the goods were cleared for import by a Deputy Commissioner of Customs who decided that the goods were exempted. Referring to Section 28(4), the Court observed that the legislature intended to confer the power to recover such duties not on any proper officer but only on ‘the proper officer’.
Production Linked Incentive Scheme approved for Pharmaceuticals and IT Hardware
01 March 2021
The Indian Union Cabinet has recently approved the Production Linked Incentive (‘PLI’) Schemes for pharmaceuticals and IT hardware. The schemes propose production linked incentives to boost domestic manufacturing and attract large investments in India. The total quantum of incentives is INR 15000 crores for the pharmaceuticals and INR 7350 for the IT hardware sector.
Intellectual Property Appellate Board (IPAB) set to be abolished
16 February 2021
The Ministry of Finance and Corporate Affairs has on 13 February 2021 introduced a Bill in the Lower House of the Indian Parliament (Lok Sabha) which seeks to abolish various Tribunals and Authorities, including the Intellectual Property Appellate Board (‘IPAB’).
Circumvention of anti-dumping and countervailing duties – Retrospective and provisional anti-circumvention measures
03 February 2021
The Union Budget 2021 has proposed many changes by clauses 93 and 94 of the Finance Bill, 2021 in Sections 9 and 9A of the Customs Tariff Act, 1975 relating to anti-dumping and countervailing duties. As per one change, anti-dumping/countervailing duty after an anti-circumvention investigation cannot be imposed for the period before the date of initiation of such anti-circumvention investigation.
Interest on sum borrowed to repay loan utilised for construction of commercial property deductible under Section 24(b)
25 January 2021
Observing that Section 24(b) of the Income Tax Act uses the expression ‘property’ and not residential or commercial property, ITAT Bangalore has held that irrespective of the nature of the property, whether residential or commercial, deduction must be allowed under Section 24(b).