News
Recent developments in business law, summarised by IBL.
The 48th Meeting of the GST Council was held on 17 December 2022 under the chairpersonship of the Union Finance & Corporate Affairs Minister. Few important trade facilitation measures including important measures for streamlining compliances in GST, as recommended by the GST...
The Bombay High Court has recently held that interest and penalty cannot be recovered by taking recourse to machinery relating to recovery of duty.
Quoting with approval the book McCarthy on Trademarks and Unfair Competition, the Delhi High Court has observed that the doctrine of ‘family of marks’ is an argument available only to a Plaintiff asserting its rights and not to a Defendant to prove its defence against a...
The Delhi High Court has held that for an objection of non-patentability under Section 3(d) of the Patents Act, 1970 to be raised, the basic pre-condition would be the identification of the ‘a known substance’. Section 3(d) bars patentability of a ‘new form’ of ‘a known...
Overview
The Gujarat High Court has held that it is not open to the Central Government to straightway issue the Notification rescinding the countervailing duty, during the sunset review investigation in respect of continuance of countervailing duty which has been already initiated and...
The Delhi High Court has held that in case of failure of the Registrar of Trade Marks to notify its acceptance of extension of the trademarks under international registration (under the Madrid Protocol) where India has been designated to the International Bureau, a deemed...
The Supreme Court in its judgment dated 31 October 2022 has held, that Chapter-V of the Micro, Small, and Medium Enterprises Development Act, 2006 (‘MSMED Act’), dealing with delayed payments to micro and small enterprises would override the provisions of the Arbitration and...
The Supreme Court in the case of Singapore Airlines Ltd. v. CIT has held that provisions of Tax Deduction at Source (‘TDS’) under Section 194H of the Income Tax Act, 1961 would apply in case of commission paid by indirect mode of payment. The Court in this judgement dated 14...
The Supreme Court has ruled that when discretion is vested on an arbitral tribunal to award interest at a rate that it deems reasonable, then a duty would be cast upon the arbitral tribunal to give reasons as to how it deems the rate of interest to be reasonable.