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Jio-Facebook Deal – Impact in India: Giants Unite

June 17, 2020 1947 Views 1 comment Print

THE DEAL Launched in September 2016 and owned by Mr. Mukesh Ambani, Jio has spread its wings from digital money to online retail. Jio is a subsidiary of his Reliance Industries (RIL). Meanwhile, for Facebook, India is the world largest user base. It is a huge market for social media platform’s messaging service, Whatsapp. At […]

CBDT Clarification on Tax Residency – A Scope for New Interpretation

June 17, 2020 2844 Views 0 comment Print

As per the OECD Convention Model, 2017 the term resident of a country means any person who, under his native country is liable to tax therein by reason of his domicile, residence or place of effective management. Due to COVID-19, if an individual is present in a jurisdiction for a considerable amount of time, it […]

Amendment in MAP Rules -A taxpayer’s tool reinvented

June 17, 2020 1095 Views 0 comment Print

Mutual Agreements Procedure (MAP) is a model or mechanism available to taxpayers to resolve disputes that have arisen due to double taxation. When two countries enter into an agreement to avoid double taxation, it gives a clear pathway to the concerned authorities under MAP in those particular jurisdictions.

Key decisions- The 40th GST Council Meeting

June 16, 2020 2241 Views 0 comment Print

The 40th GST Council took place on 12th June, 2020 and the key decisions taken by the Council are mentioned below: Waiver of Late Fee for Past Return Proposal – No late fee for delayed filing of GSTR-3B for the period July, 2017 to January, 2020. Applicability – For taxpayer having ‘NIL liability’ during the […]

Monopoly cannot be claimed on Words being Common to Trade

June 10, 2020 4032 Views 0 comment Print

In the present case, the dispute arose for the aforementioned reason as it is the case of the Plaintiff that the adoption of the deceptively similar expression Magical Masala by the defendant in the year 2013 for marketing their noodles amounts to passing-off.

IBC, 2016 Vs. Arbitration and Conciliation Act, 1996

June 9, 2020 2727 Views 0 comment Print

Indus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) FACTUAL BACKGROUND In the present case, the Indus Biotech Pvt. Ltd. (Corporate Debtor) has filed a Interlocutory application under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act, 1996) where in the underlying Insolvency petition was filed under Section 7 […]

Territorial Jurisdiction of A Court For Enforcement of Award

June 8, 2020 1068 Views 0 comment Print

The Court examined the contentions of the Petitioner that the Respondent had Bank Accounts and other moveable properties within the territorial jurisdiction of New Delhi along with the Administrative Office. Further, the Respondent submitted that the immovable property was on lease and not owned by the Respondent. However, the Court noted that the Respondent did not deny existence of moveable properties like Bank Accounts within the jurisdiction of the Court.

Green IP – The way forward to sustainability

June 3, 2020 2037 Views 0 comment Print

Going green is not an option but necessary for continuous survival of human existence. Building a way forward to a green future is a 21st century imperative. The impact of climate change and need to act to preserve the environment is felt across the globe. Companies, Bureaucrats and Governments have unitedly begin to take action […]

Medical Devices- A Perspective & Medical Devices (Amendment) Rules, 2020

June 3, 2020 12570 Views 0 comment Print

INTRODUCTION Before any rules  were notified for medical devices, they were being governed solely by the dated and redundant Drugs and Cosmetics Act, 1940 with no specific provisions or aspects pertaining to the regulation of medical devices in India. A need was felt to bring medical devcies under a specific rules with an important motive […]

Analysis of Consumer Protection Act, 2019

June 3, 2020 11610 Views 0 comment Print

PRELUDE The Consumer Protection Act, 2019 (the Act) was introduced in the Lok Sabha by Mr. Ram Vilas Paswan, the Minister of Consumer Affairs, Food and Public Distribution, on July 8, 2019. The Consumer Protection Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and the Rajya Sabha on August 06, 2019. […]

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