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  • 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

    No Interest When GST Paid In Electronic Cash Ledger Before Due Date Though GSTR-3B Filed Belatedly

    In a case where the GST amount was paid in the Electronic Cash Ledger (ECL) by generating GST PMT-06 before the due date, though the GSTR-3B return was filed belatedly...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Recovery – Closure Of Financial Year, Or Bank Holidays, Cannot Justify Recovery On The Day Next To The Date Of Unfavourable Order

    The Patna High Court has held that imminent bank holidays of 2 or 3 days and the close of the financial year cannot be the valid reasons...
    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
  • Article

    Corporate Guarantees Giving Rise To Liability For Repayment Of Money Borrowed Constitute ‘financial Debt’ – Technical Lapses Are Immaterial

    The Supreme Court recently examined whether corporate guarantees executed during financial distress can constitute 'financial debt' under the Insolvency and Bankruptcy Code, 2016. The case arose when SBI Consortium's claims as financial creditors were challenged on grounds including suspicious timing, non-disclosure in financial statements, and insufficient stamping.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patents – Divisional Applications – Objections Under Section 16 Are Not Sustainable In Case Of System-centric Divisional Application Arising From Method-centric Parent Application

    The Delhi High Court has set aside the decision of the Assistant Controller of Patents and Designs rejecting a divisional application for invention...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Celebrity Investments In India

    The investment landscape in India has seen a growing trend of celebrities—actors, sportspersons, and influencers—investing...
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    India's Revised Startup Framework: Key Reforms

    India has revised its startup regulatory framework with the aim of supporting innovation and strengthening the startup ecosystem. On 4 February 2026, the Ministry of Commerce and Industry...
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Interest On Refund Of Amount Deposited On Directions Of Court – Customs Sections 27 And 27A Are Not Applicable

    The CESTAT New Delhi examined whether Sections 27 and 27A of the Customs Act apply when an assessee seeks refund of amounts deposited under Supreme Court directions.
    IndiaCorporate/Commercial Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Overhaul Of Labour Legislations In India – Impact On Businesses

    India's new labour law framework marks a transformative shift for businesses across sectors. Through the implementation of the four codes i.e., the Code on Wages, 2019...
    IndiaEmployment and HR
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Patent Revocation – Identity Of Claims In Suit Patent And Prior Art Is Only Required For Section 64(1)(a) To Apply

    The Delhi High Court has observed that Section 64(1)(a) of the Patents Act, 1970 would apply only where the claim in the suit patent is claimed in an earlier granted patent. The Court noted that what matters is not the invention per se, but the extent to which the invention is claimed...
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Trademarks – Even Clipped Version Of INNs Barred By Section 13 Of Trade Marks Act

    The Bombay High Court has held that the use of the words ‘deceptively similar to such name' in Section 13 of the Trade Marks Act, 1999 takes within its fold even the clipped version.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Anti-dumping Duty – Non Cooperative Exporter – Related Party – Existence Of Pledge Agreement Is Not A Relevant Factor For Determining Relationship

    The CESTAT Anti-dumping Bench examined whether a Pledge Agreement constitutes a relevant factor in determining related party status between a foreign exporter and another company during anti-dumping investigations. The case centered on whether the appellant could be deemed non-cooperative when an allegedly related party failed to participate in the investigation, raising critical questions about the nature of pledge arrangements and their impact on relationship determinations under customs valuation rules.
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    FTA Imports – Benefit Not Deniable Merely Because Overseas Supplier Did Not Cooperate During Verification

    The CESTAT Kolkata has ruled that Customs authorities cannot mechanically deny Certificate of Origin benefits from an overseas supplier simply due to non-cooperation during verification.
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Conversion Of Waste PET Bottles Into PET Flakes Is Not ‘manufacture’

    The CESTAT Chennai examined whether converting waste PET bottles into PET flakes constitutes 'manufacture' under the Central Excise Act, 1944. The case involved a process of sorting, crushing, washing, and drying used bottles into flakes, raising questions about whether this transformation creates a new product or merely changes the physical form of existing PET material.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Export Refund – Omission Of Rules 89(4B) And 96(10) – Pending Proceedings To Lapse

    The Bombay High Court has upheld the contention of the assessee that in absence of any saving clause in the omission of Rules 89(4B) and 96(10) of the Central Goods and Service...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Import Of Parts Vs. Import In CKD Form – Aggregation Of Disparate Imports Over A Period Of Time To Claim CKD Form Is Not Correct

    The CESTAT Chennai examined whether importing electric vehicle components separately over time constitutes importing in CKD (Completely Knocked Down) form, which would affect customs duty eligibility. The tribunal analyzed whether disparate imports of parts like frames, motors, and controllers—imported through multiple bills of entry without batteries—could be aggregated to claim they formed complete vehicle kits.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    ISD – 'Distribution In A Month' In Rule 39(1)(a) To Mean Distribution In The Month When The Registered Person Becomes Entitled To ITC In Terms Of Section 16(2)

    The Madras High Court has rejected the submission of the Revenue department that for distribution of Input Tax Credit under...
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan

Showing 61–80 of 519 results

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