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  • Article

    Zinc Sulphate (Agriculture Grade) Is A Fertilizer – Sulphuric Acid For Manufacture Of Said Item Is Eligible For Exemption

    The Larger Bench of the CESTAT has on 12 December 2024 held that an assessee is eligible for benefit under Sl. No. 32 of Notification No. 4/2006-C.E.,
    IndiaEnergy and Natural Resources
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Designs – Graphic User Interface Satisfies Criteria Of A Design And Is Eligible For Registration Under Designs Act

    The Calcutta High Court has ruled that Graphic User Interfaces (GUIs) qualify as protectable designs under India's Designs Act, 2000, rejecting the Controller's narrow interpretation that excluded digital interfaces from registration. The landmark decision establishes that GUIs reflect creative aesthetic choices in visual elements like icons, menus, and color palettes that can be judged by the eye, and clarifies that the term 'article' requires broad interpretation...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patents – Court Clarifies Scope Of Exclusion From Patentability Under Section 3(i) [Treatment Of Human Beings], But Gives Different Findings On Facts In Different Disputes

    In a case involving interpretation of Section 3(i) of the Patents Act, 1970, the Delhi High Court has observed that a nuanced interpretation is warranted.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    The Hidden Complexity Of Biodiversity Compliance

    Section 6 of the Biological Diversity Act, 2002 (‘BDA') as amended in 2023, mandates that no person shall apply for intellectual property rights based on research or information on Biological Resources (‘BR')...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Classification Of Goods – Application Of Common/Trade Parlance Test, And Consideration Of ‘Use' – SC Draws Principles

    The Supreme Court of India has culled out certain governing principles with regard to application of the common or trade parlance test and for consideration of ‘use'...
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    53rd GST Council Meeting Set To Convene: What Is On The Horizon?

    The role of the GST Council Meetings under GST has been envisioned as a critical forum for laying down the law. The regular meetings have been playing an instrumental role in addressing the concerns of the taxpayers...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    GST Rate Rationalization - Part 6: Impact For B2C Services, B2B, B2G (Business To Govt.) Sector, Along With Checklist And Implementation Guide

    Previously, service sector especially real estate and restaurants have been a subject matter of significant interest to authority in terms of investigations and orders passed.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Signing Is Not Always Issuance: Examining The Limitation Requirement Under GST

    The Calcutta High Court recently examined whether a GST adjudication order signed on the last permissible date but communicated to the assessee one day later should be considered time-barred. The court's interpretation of 'issuance' versus 'communication' under Sections 73 and 169 of the CGST Act raises important questions about limitation compliance and procedural transparency in GST litigation.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Ensuring Compliance With The Product Certification Scheme Of BIS

    While BIS Certification Scheme is essentially voluntary in nature, the Central Government notifies a number of products that must ensure mandatory compliance.
    IndiaCompliance
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Comparative Analysis: Navigating RBI's Draft Trade Regulations And Directions

    On 2 July 2024, the Reserve Bank of India (‘RBI') released the draft Foreign Exchange Management (Export and Import of Goods and Services) Regulations 2024 (‘Draft Trade Regulations')...
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    NCLAT Stays CCI Order - Gives A 'Blue Tick' To Messaging Major To Continue Sharing User Data

    The National Company Law Tribunal ("NCLAT"), on 23 January 2025, has stayed the direction issued by the Competition Commission of India...
    IndiaAntitrust/Competition Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Foreign Filing License – Some Issues

    Further, as per the Act, a patent application shall be made in Form 1 and shall be accompanied by a provisional or a complete specification.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Free Trade Agreements – Analysis Of Proposed Amendment To Customs Section 28DA Vide Finance (No.2) Bill, 2024

    Section 28DA was introduced in the Customs Act, 1962 vide Finance Act, 2020 (12 of 2020) with effect from 27 March 2020.
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Arbitration Clauses In Cross-border Transactions – Indian Perspective

    In the era of globalization, India has emerged as one of the fastest-growing economies in the world. Owing to its increased consumption and a large young workforce...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Corporate Guarantees Issued Without Consideration Not Taxable Under GST: Bombay High Court (Nagpur Bench)

    M/s D.P. Jain & Co. Infrastructure Private Limited (‘petitioner’) was engaged in the business of highway construction & inter alia had three subsidiaries. During the period 2020 to 22, the petitioner had issued...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Deputy Commissioner Of Income-Tax v. Nord Anglia Education Infrastructure Private Limited, Mumbai, ITA Nos. 205, 206 & 313/Viz/2025, Order Dated 26.11.2025

    Nord Anglia Education Infrastructure Private Limited (the "Assessee") is an Indian company engaged in the educational infrastructural business and leases custom-built educational campuses along with provision of integrated infrastructural services such as housekeeping, security, and transport to schools.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Pre-Budget Expectations

    A key challenge that has emerged post GST 2.0, is the distinction between ‘composite supply' and ‘mixed supply' and their tax treatment, due to widening of the GST rate gap to 13%.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    New Labour Codes: Settlement Agreements And Contracting Out – Is It A Possibility?

    With the coming into force of the new labour codes on 21 November 2025, the revised definition of ‘wages' has assumed critical importance for the computation of statutory dues.
    IndiaEmployment and HR
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Liberalisation Of FDI In The E-commerce Sector

    The Indian government has proposed a significant liberalization of its Foreign Direct Investment policy to permit e-commerce entities to engage in inventory-based models exclusively for exporting domestically manufactured products. While this represents a major policy shift that could benefit both e-commerce platforms and Indian manufacturers, the move has sparked concerns among domestic vendors about potential misuse, prompting the introduction of a comprehensive regulatory framework with strict eligibilit
    IndiaGovernment, Public Sector
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Turnover Or Import? The Legal Characterisation Of SEZ-DTA Supplies Under GST

    The computation of refunds of accumulated Input Tax Credit (‘ITC’) by Special Economic Zone (‘SEZ’) units has recently become the subject of scrutiny...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan

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