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We understand the constant need to stay informed about the latest developments in your field. In this section, we curate the most relevant and impactful updates covering developments in various laws.

Insolvency – No unfettered discretion with Liquidator to cancel valid auction on mere expectation of higher price in future

In a case where the Liquidator after issuing the certificate that the appellant had won the auction of the subject property, cancelled the e-auction without giving any justification or reason for such cancellation, the Supreme Court has stated that it is incomprehensible that an administrative authority can take a decision without disclosing the reasons for taking such a decision.

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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 to justify an expedient recovery under the proviso to Section 78 of the CGST Act, 2017

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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 to Section 67(2) of the CGST Act (directed not to deal with the goods in question) and, thereafter, take an informed decision whether to seize the goods.

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Drawback on exports is available even when BCD is not paid on imports, if additional duty is paid

The Delhi High Court has rejected the contention of the Revenue department that it is only when a duty as prescribed by the Customs Act, 1962 has been paid that drawback benefits can be claimed. The Revenue’s submission in essence was that unless Basic Customs Duty (BCD) is paid at the time of import, it would be impermissible for the exporter-petitioner to claim drawback benefits.

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What, How, Where, When and Why of the Mediation Act, 2023

In another attempt to reduce the pendency before courts, costs of traditional protracted litigation and boost alternative dispute resolution mechanism in India, Legislature has enacted the Mediation Act, 2023. The Act specifically aims to provide a comprehensive policy framework to promote institutional mediation. However, in doing so it does not impinge upon the existing laws for conducting mediation and is not applicable to any pending mediation.

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Cash not forming part of stock-in-trade of business cannot be seized during investigation aimed at detecting GST evasion

The Supreme Court has in the case State Tax Officer (IB) v. Shabu George dismissed the Special Leave Petition filed by the Revenue department against the Kerala High Court decision holding that in an investigation aimed at detecting tax evasion under the provisions of the GST, cash cannot be seized especially when it is the admitted case that the cash did not form part of the stock in trade of the assessee's business.

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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 titled ‘System for Advanced Bi-directional Predictive Coding of Interlaced Video’. The Assistant Controller had rejected the application on grounds of Sections 16(1), 16(3) and 3(k) of the Patents Act, 1970,

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IPR laws – Certain provisions set to be decriminalised while penalty provisions being omitted for certain offences

The President of India has on 11 August 2023 granted her assent to the Jan Vishwas (Amendment of Provisions) Bill, 2023. The Act seeks to decriminalise some 183 provisions in the 42 Central Acts administered by 19 Ministries/Departments. The Act provides for pragmatic revision of fines and penalties commensurate to the offence committed, establishment of Adjudicating officers and Appellate Authorities, and periodic increase in quantum of fines and penalties.

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Patents Act, and not Competition Act, to govern conditions in agreement of licensing or abuse of status as Patentee

The Division Bench of the Delhi High Court has held that for patents, unreasonable conditions in agreements of licensing, abuse of status as a patentee, inquiry in respect thereof and relief that is to be granted therefor, are all to be governed by the Patents Act, 1970 and not by the Competition Act, 2002.

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50th Meeting of GST Council – Highlights

The GST Council recently held its 50th Meeting on 11 July 2023. The meeting held after approximately 5 months saw many important decisions on various topics, including that on taxing online gaming and that on GST Appellate Tribunal. The Council has also attempted to tackle several complex and controversial issues that have plagued the industry with uncertainty for the last six years.

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