News
Order denying provisional release of seized goods appealable before Tribunal
29 January 2016
Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority.
Customs duty on electrical energy produced in SEZ and supplied in DTA
29 January 2016
The Supreme Court has dismissed the petition filed by the Revenue Department against the judgement of Gujarat High Court in the case Adani Power Limited v. UOI.
United State District Court of South New York – Rules on parody
28 January 2016
Observing that sometimes it is better to ‘accept the implied compliment in parody’ and to smile or laugh rather than sue, the United State District Court of South New York held in favour of the alleged ‘diluter’ of the c.
Trademarks – Composite marks to be compared as a whole
28 January 2016
Considering the principles laid down by the Apex Court in the case of Cadila Healthcare v. Cadila Pharmaceuticals, the Delhi High Court has held that alleged use of the mark BECTODINE by the defendants subsequent to the documented use of the trademark BETADINE by the petitioner, by about 34 years, was fraught with malafide and dishonesty.
WTO members secure Nairobi Package
11 January 2016
WTO members recently concluded their 10th Ministerial Conference in Nairobi by securing historic agreements on a series of trade initiatives.
Circumvention of anti-dumping duty – Time period for change in pattern of trade
11 January 2016
The Court of Justice of the European Union has held the Council Implementing Regulation (EU) No. 260/2013 invalid.
India revises its model BIT text
11 January 2016
India finalised the model Bilateral Investment Treaty (BIT) agreement last month. The first version was seen as pro-State with clauses like those relating to investor responsibilities, provision for the host State to make counter claim, absence of Most Favoured Nation clause and so on.
No interest if differential duty paid before finalization of provisional assessment
01 January 2016
The Supreme Court of India has dismissed the Special Leave Petition filed by the Revenue department against the order of the Bombay High Court in a case involving liability to pay interest when the duty was paid before finalization of provisional assessment.
PDI and free after sales services charges when not includible in transaction value of vehicles
01 January 2016
Pre-delivery inspection charges (PDI) and free after sales service charges, which are not charged by the manufacturers of vehicles from the dealers, are not to be included in the transaction value of the vehicles, on which the manufacturer has to pay Central Excise duty.
Patent for process of testing – Use in ‘manufacture’
28 December 2015
The Court of Appeals of the Federal Circuit, in respect of a process patent for testing a drug, has held that infringement only occurs under 35 U.S.C. § 271(g), as a result of “making” a product, and does not extend to testing to determine whether an already synthesized drug substance possesses existing qualities.