News
Exclusive agreements by e-commerce sites with sellers of goods/services, not anti-competitive
22 May 2015
Considering various factors listed in Section 19(3) of the Competition Act, the Competition Commission of India (CCI) has held that ‘exclusive agreements’ by e-commerce portals with sellers of goods/services, to sell specified goods exclusively on those portals, does not lead to ‘Appreciable Adverse Effect on Competition’ (AAEC).
Relief against third party in Arbitration
22 May 2015
Relying on earlier judgments, the Delhi High Court has on 5-5-2015 held that while considering a petition under Section 9 of the Arbitration and Conciliation Act, the Court is within its right to pass order against third party.
Sale of shares of Indian company by foreign company, outside India – Jurisdiction of CLB
22 May 2015
Madras High Court has set aside the Company Law Board’s order which had held that in a case involving sale of shares of the Indian company by the foreign company,
ITAT can extend stay beyond 365 days
22 May 2015
Does the Income Tax Appellate Tribunal (ITAT) have power to extend stay beyond 365 days? The Delhi High Court in Pepsi Foods Pvt. Ltd v. ACIT, WP(C )1334/2015 decided on 19-5-2015 held that when the delay in disposing of the appeal is not attributable to the assessee, the Tribunal has the power to grant extension of stay beyond 365 days.
Manufacture & excise – Supreme Court lays down guidelines
22 May 2015
Supreme Court of India has recently delivered three important judgments relating to the question as to whether the process followed by the assessee amounts to ‘manufacture’ for the purpose of imposition of Central Excise duty, which is levied in India on manufactured goods.
New Service Tax rate of 14% applicable from 1st June, 2015
22 May 2015
Service Tax levied in India on all services, except a few as listed in the negative list of services, will be applicable at the rate of 14%, instead of 12%, with effect from 1st of June, 2015.
Finance Act, 2015 comes into force
18 May 2015
Finance Bill, 2015 has received President’s Assent and Finance Act, 2015 (20 of 2015) is in force from 14 May, 2015.
Copyrights – Producing jewellery articles using designs – ‘Article’ different from ‘artistic work’
28 April 2015
Deliberating on the distinction between the ‘artistic work’ and the ‘article’ produced on the basis of the same, Bombay High Court on 1-4-2015 has granted interim injunction in the case of Pranda Jewellery Pvt. Ltd. v. Aarya 24 kt, where the branded jewellery articles were produced allegedly using designs of the petitioner.
Trademarks – Comparative advertising when not disparaging
28 April 2015
In the dispute wherein the petitioner had impugned the defendant’s advertising campaign comparing their product with that of the petitioner, the Delhi High Court has held that a comparison, which is unfavourable to a competitor, does not necessarily mean that it is dishonest or unduly detrimental.
SSI – List of items reserved for exclusive manufacture by small enterprises, omitted
22 April 2015
Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry has omitted 20 of the last remaining serial numbers in the list of items reserved for exclusive manufacture by micro and small enterprise sector.