News
Union Budget proposes penalty for obtaining & utilizing FTP instruments by fraud
08 July 2019
8th July Finance (No.2) Bill, 2019, introduced in the Indian Parliament on 5th of July, has proposed to insert new Section 114AB in the Customs Act, 1962 to provide for penalty for obtaining instrument (scrip, authorization, licence, or certificat
Budget 2019 proposes Sabka Vishwas Legacy Dispute Resolution Scheme
08 July 2019
8th July India’s Finance Minister has, in her maiden Budget 2019, on 5th of July, proposed a dispute resolution cum amnesty scheme named the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The scheme in being introduced for the r
Customs cannot sale goods in possession after moratorium under IBC
26 June 2019
26th June NCLAT has held that on passing of order of Moratorium by NCLT, it is not open to Customs authorities to issue an e-auction notice of assets belonging to corporate debtor since same cannot be sold during period of moratorium. Tribunal
Competition law - Restrictions on sub-dealers when not anti-competitive
24 June 2019
24th June CCI has held that no case u/s. 3(4)(c) of Competition Act was made out against a mobile phone company for putting restriction on sub-dealers regarding online sale and selling phones outside demarcated region. Commission in Karni
35th Meeting of GST Council – Decisions on rate changes and time extensions
24 June 2019
24th June 2019 The 35th meeting of GST Council was held on 21-6-2019. Some of the important recommendations relating to time extension are, Due date for furnishing of Form GSTR-9, Form GSTR-9A and reconciliati
Design registration – Argument of functional differences, not material
20 June 2019
20th June 2019 The Calcutta High Court has upheld the Controller’s Order cancelling the design registration in respect of Coaster Brake Hub because it was not significantly distinguishable from the prior design of the Russian model published ea
Copyrights – Architect cannot restrain building owner from demolishing it
20 June 2019
20th June 2019 The Delhi High Court has held that the Plaintiff’s (architect’s) copyright in the work of architecture does not extend to any rights over the building based on the architecture such that plaintiff can seek damages for demolition of
Flash sale price acceptable for Customs valuation purposes: WCO
20 June 2019
20th June The Technical Committee on Customs Valuation at WCO has at its 48th Session recently adopted an instrument (Advisory Opinion 23.1) on valuation of goods purchased in a flash sale. Reiterating transaction value as primary basis under
Trademarks – Passing-off when mark used in cognate and allied products
11 June 2019
11th June 2019 In a case where Plaintiff and Defendant sold tea and biscuits respectively under the mark TODAY, Delhi High Court has held that adoption of the mark for biscuit, which is a cognate and allied product of tea, will result in deception th
Trademarks – Nutraceuticals are akin to medicines for test of passing off
11 June 2019
11th June 2019 In a case involving registered trademark names of nutraceuticals with both products having ‘GLO’ as prefix, the Delhi High Court has held that mere fact that products are not pharmaceuticals, is not convincing for adoption of less