News
Every breach not justifiable merely on invocation of COVID-19 as a force majeure
15 June 2020
The Delhi High Court has recently held that every breach or non-performance cannot be justified or excused merely on the invocation of COVID-19 as a force majeure condition.
GST liability on director’s renumeration clarified
11 June 2020
Central Board of Indirect Taxes and Customs (CBIC) has clarified various circumstances when the renumeration paid to the director is liable to GST under reverse charge. Circular No. 140/10/2020-GST, dated 10-06-2020, issued for the purpose, observes that there were doubts as to whether the remuneration paid by companies to their directors...
CCI can entertain complaint in matters of exercise of patent rights
03 June 2020
Relying upon its decision in the case of Telefonaktiebolaget L.M. Ericsson, the Delhi High Court has rejected the contention that the remedies against alleged abuse of any rights by the patentee would fall exclusively within the remedies as provided under the Patents Act and, therefore, the jurisdiction of the Competition Commission of India (CCI) to entertain such disputes is impliedly excluded.
Amendment of plaint in trademark dispute – Jurisdiction of Joint Registrar and maintainability of appeal before Commercial Appellate Court
09 April 2020
Deliberating on the issue as to whether the Joint Registrar acted without jurisdiction while deciding on the application for amendment in the plaint, the Delhi High has held that the amendments, which alter the period with effect from which the trademark “SUPERON” had been adopted by the respondent (plaintiff), and also claimed, for the first time, that the original adoption of the said trademark was by the plaintiff through sister concern, introduced changes of substance, and not merely of form
Foreign Trade Policy extended till 31-3-2021 – Last dates for various obligations relaxed
02 April 2020
Foreign Trade Policy 2015-20 and the Handbook of Procedures Vol. 1, which were expiring on 31st of March 2020, have been extended till 31st of March 2021. DGFT has in this regard, with immediate effect, also made various other changes in the FTP and in the HoP, extending the validity and time periods of various provisions and thus granting relief to the exporters and importers in the present troubled times. Notification No. 57/2015-20 and Public Notice No. 67/2015-20, both dated 31-3-2020 have b
Condonation of delay in filing documents – Companies Fresh Start Scheme introduced, and LLP Settlement Scheme modified
01 April 2020
Ministry of Corporate Affairs has introduced the “Companies Fresh Start Scheme, 2020” and revised the “LLP Settlement Scheme, 2020” to provide an opportunity to both companies and LLPs to make good any filing related defaults and make a fresh start as a fully compliant entity.
COVID-19 effect – Limitation period in all petitions, appeals, etc. extended
24 March 2020
The 3-Judge Bench of the Supreme Court has on 23rd of March extended the period of limitation in all petitions/applications/suits/ appeals/all other proceedings.
Guidelines on regulation of Payment Aggregators and Payment Gateways
20 March 2020
The Reserve Bank of India (RBI) has vide its circular dated March 17, 2020 issued ‘Guidelines on Regulation of Payment Aggregators and Payment Gateways’. In terms of the said circular, the RBI has prescribed (a) guidelines for regulating activities of payment aggregators (PAs); and (b) baseline technology recommendations for payment gateways (PGs).
COVID-19 effect – Court restrains government from taking coercive measures – Recovery proceedings deferred
19 March 2020
Taking note of the extraordinary situation in the country due to pandemic Corona Virus (COVID-19) which calls for an extraordinary measure to be taken, the Division Bench of the Allahabad High Court has directed that all the concerned competent authorities, both administrative and non-administrative,
39th Meeting of the GST Council – Highlights
18 March 2020
The GST Council has in its 39th Meeting held on 14-3-2020 taken many major decisions in respect of both GST rates and those involving law and procedures. Some of the important recommendations of the Council are highlighted below.