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  • Article

    Refund Of IGST On Exports – Rule 96(10) Stands Omitted Prospectively But Is Not Applicable To Pending Proceedings

    The Gujarat High Court has held that Rule 96(10) of the Central Goods and Services Tax Act, 2017 would stand omitted prospectively but would not be applicable...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    TRU Has No Authority To Clarify On Classification – Circular No. 80/54/2018-GST On Classification Of Polypropylene Woven And Non-Woven Bags Quashed

    The Delhi High Court has on 16 November 2023 observed that the Tax Research Unit (TRU) of the Ministry of Finance has not been clothed with the authority or jurisdiction to render...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    SPACs Explained: India’s Regulatory Position And Future Outlook

    Unlike traditional IPOs, SPACs offer a faster and more flexible route to public markets, enabling private companies to negotiate valuation and transaction terms directly with the sponsor...
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Trademarks – Filing Of Evidence In Case Of Opposition – Rule 46(2) Held Ultra Vires Section 21 And Read Down To Mean Deemed Abandonment Of Letting In Evidence Only

    The Madras High Court has held Rule 46(2) of the Trade Marks Rules, 2017 to be ultra vires Section 21 of the Trade Marks Act, 1999. Rule 46(1) provides for filing of evidence in support of the application for registration of trademark and sub-rule (2)...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Order Prohibiting Assessee To Deal With Goods Is Not A Stop Gap For Department To Take Decision On Seizure

    The Delhi High Court has rejected the contention of the Department that it is open for the concerned authorities conducting search , to first pass an order under the first proviso...
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Allegations Of Fraud Or Misuse In Registered Transactions Require Foundational Proof First Before Burden Shifts To The Other Party

    The Supreme Court examined whether a party alleging fiduciary misuse in property transactions executed through a General Power of Attorney must first establish foundational facts of fraud before the burden shifts to the beneficiaries.
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Strapping Together Of Tyres, Tubes And Flaps For Replacement Market, Is Not 'Deemed Manufacture'

    The CESTAT Mumbai has held that strapping together of tyres, tubes and flaps, referred as ‘TTF', at the premises of logistics service provider, for dispatch to dealers...
    IndiaConsumer Protection
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Fully Diluted Ownership: Beyond Issued Equity Shares

    Fully diluted shareholding' describes a methodical approach to calculating a company's equity structure, whereby all securities that can be converted into equity including...
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Solar Power Generation Under MOOWR Is Valid – CBIC Instruction Dated 9 July 2022 Quashed

    The Delhi High Court has held that the statutory scheme underlying the MOOWR Regulations cannot be construed as seeking to exclude solar power generation in terms...
    IndiaEnergy and Natural Resources
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Infringement Of Process Patent – Onus Of Proof Shifts On Defendant Under Section 104A Only When Plaintiff Proves That Products Are Identical

    Observing that the plaintiffs failed to fulfil the mandatory requirements of Section 104A of the Patents Act, 1970, the Delhi High Court has held that no direction can be issued...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patents – Bolar Provision – Defendant In Infringement Suit Must Discharge A Heavier Burden To Establish Supply Under Section 107A Providing Exception

    The Madras High Court has ruled that defendants in patent infringement cases face a significantly higher burden of proof when claiming protection under Section 107A of the Patents Act, 1970.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patents – No Mandatory Requirement Of Mediation In A Suit Alleging Continuing Infringement, Even If The Suit Is Delayed

    The Supreme Court of India has answered in affirmative the issue as to whether a suit alleging continuing infringement of patent and design rights, accompanied by a prayer for interim injunction...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patents – Section 3(b) Is The Intent Principle And Not The Effect Or Harm Principle

    The Calcutta High Court has set aside the rejection of grant of patent for an invention titled...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Trademark Registrar Has No Authority To Restrict Choice Of Colours – Applicant Has Right To Choose Colours

    The Madras High Court has held that the Registrar of the Trademarks does not have the authority to impose restriction on the choice of the colours.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    No Interest And Penalty On IGST On Imports, Before Amendment To Customs Tariff Section 3(12)

    The Bombay High Court has held that interest and penalty are not leviable on IGST not paid on imports, before the amendment to Section 3(12) of the Customs Tariff Act...
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Telecommunication Towers Are Not Immovable Property – ITC Is Not Deniable Under Section 17(5)(d)

    The Delhi High Court has held that telecommunication towers would not fall within the ambit of Section 17(5)(d) of the CGST Act and thus denial of input tax credit...
    IndiaMedia, Telecoms, IT, Entertainment
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Cenvat Credit Available On Furnace Oil Used For Exempt Intermediate Goods Which Is Stock Transferred To Another Unit And Used In Final Dutiable Goods

    The Madras High Court has ruled on a significant Cenvat credit dispute involving the interpretation of 'within the factory of production' when intermediate products are stock-transferred between units of the same company. The decision addresses whether input credit on furnace oil used in manufacturing an exempt intermediate product can be claimed when that product is transferred to another unit for final dutiable goods production.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    GST – Penalty Under Section 122(1A) Can Only Be Imposed On A 'Taxable Person'

    The Bombay High Court has set aside the show cause notice invoking the provisions of Section 122(1A) and Section 137 of the CGST Act, 2017...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Union Budget 2024 – New Demand Provisions Being Introduced In GST Regime

    In line with the recommendations of the 53rd GST Council Meeting held recently, the Central Government has, in the Union Budget 2024 presented today (23 July 2024)...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Variable Capital Company: An Overview

    The Variable Capital Company (‘VCC') model was first conceptualised in Singapore through the Variable Capital Companies Act, 2018. VCC model is a unique corporate structure tailored to support...
    WorldwideCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan

Showing 41–60 of 519 results

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