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Traditional knowledge protection stopped wrongful patents by documenting prior art and prompting India's TKDL and reforms.
Challenges to neem and turmeric patents turned on the presence or absence of patent format prior art. Neem suffered from a lack of documented traditional knowledge prior art, prolonging revocation and revealing vulnerabilities in confronting patent systems. Turmeric succeeded because documented Ayurvedic texts and scientific publications were presented as prior art, enabling a faster revocation. India then created the Traditional Knowledge Digital Library to translate and disclose traditional formulations to patent offices, enabling pre grant examination and bolstering defenses against wrongful patents. (AI Summary)
Author
Date 19 May 2025
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OPC annual return compliance requires filing specified statutory forms online to avoid penalties and preserve corporate standing.
OPC annual return compliance requires online submission through the MCA portal of audited financial statements and the board's report via Form AOC-4, and the OPC-specific annual return via Form MGT-7A; filings must be signed with the director's digital signature and certified by a CA or CS where required, and an auditor appointment is filed using Form ADT-1. Timely electronic filing within the prescribed statutory periods avoids penalties, director disqualification risk, and preserves access to banking and funding activities. (AI Summary)
Author
Date 17 May 2025
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Compromise or arrangement during liquidation-procedural windows and eligibility govern continued settlement efforts in insolvency cases.
Compromise or arrangement remains available during liquidation: Section 33(2) mandates that resolution professionals and committees assess and continue to explore such proposals, and Regulation 39BA requires the committee to examine and recommend whether to pursue compromise or arrangement when deciding liquidation. Regulation 2B sets procedural limits-including a 90 day completion period, a 30 day filing cutoff from liquidation commencement date, ineligibility of certain persons, and cost allocation rules-while time taken for approved negotiations is excluded from the liquidation period. (AI Summary)
Date 17 May 2025
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GST appellate procedure streamlines electronic filing, document certification, and Registrar oversight for appeals and interlocutory applications.
Notification establishes the GST Appellate Tribunal Procedure Rules requiring online filing on the GSTAT portal in prescribed forms, formatted and numbered grounds, certified copies of impugned orders and indexed, paged and tagged relied-upon documents; empowers the Tribunal and President to direct preparation or attestation of documents, permits return and rectification of defective filings under Registrar supervision, and sets Registrar duties for registry administration, registration, scrutiny, service, summons and record maintenance. (AI Summary)
Date 17 May 2025
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Delay in adjudication requires authorities to prove a genuine hindrance before extending statutory timeframes.
Authorities must prove a genuine, insurmountable hindrance before failing to conclude revenue adjudications within stipulated timeframes; statutory amendments removing permissive temporal language and introducing deeming mechanisms prevent indefinite continuance of proceedings and may preclude further action where prescribed endpoints are exceeded, a principle applicable to customs and central indirect tax matters. (AI Summary)
Author
Date 17 May 2025
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Protection of traditional knowledge prevents wrongful patents through documented prior art and defensive disclosure strategies.
The article contrasts the Neem and Turmeric episodes to show that documented prior art and proactive engagement with international patent systems prevent appropriation of traditional practices. Neem involved a lengthy challenge and revocation only after significant burden of proof, reflecting India's disadvantage from inadequate documentation. Turmeric succeeded because timely documentary evidence presented by a national research body led to a faster revocation. The piece emphasizes India's subsequent adoption of a defensive strategy-most notably the Traditional Knowledge Digital Library-to provide searchable prior art and facilitate more efficient opposition to patents based on traditional knowledge. (AI Summary)
Author
Date 17 May 2025
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Seed scattering as grassroots action to restore biodiversity and green neglected urban spaces through everyday seed saving.
Promotion of seed scattering as a grassroots environmental practice converting discarded fruit and vegetable seeds into biodiversity restoration and urban greening by saving, drying if needed, and scattering seeds in parks, roadside verges, unused field corners or other open soils, with light covering or proximity to moisture to aid germination; encourages community involvement and repeated sowing to enhance establishment and provide habitat, pollinator support, and carbon-absorbing vegetation. (AI Summary)
Author
Date 17 May 2025
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Peatland protection crucial: conserving, rewetting and sustainable use to prevent major carbon emissions and restore sinks.
Peatlands are critical carbon sinks whose waterlogged peat soils slow decomposition and enable long term carbon storage. If drained, burned, or degraded they become significant carbon sources. Key operative measures to prevent emissions and restore sequestration are conservation of intact peatlands, rewetting and restoration of drained sites, and sustainable wetland cultivation (paludiculture) to maintain ecological function while allowing use. (AI Summary)
Author
Date 17 May 2025
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Sustainable housing reduces carbon emissions but demands regulation, lifecycle accounting and affordability to be effective.
Eco-friendly homes lower construction sector emissions by reducing operational energy use, conserving water, using recycled and rapidly renewable materials, and enabling circular economy design; however, high upfront costs, potential greenwashing, significant embodied carbon, technological maintenance burdens, and limited climatic or cultural adaptability necessitate regulatory frameworks, affordability measures, and lifecycle carbon accounting to secure genuine, equitable emission reductions. (AI Summary)
Author
Date 17 May 2025
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Border management requires integrated legal, technological and diplomatic measures to secure land borders against hostile threats.
Border management requires coordinated legal, administrative and technological measures: complete border fencing and demarcation; biometric migration control and population registers; empowerment of state and local law enforcement and intelligence in border districts; implementation of a Comprehensive Integrated Border Management System with sensors, UAVs and satellite surveillance; legal frameworks for defence indigenisation and procurement; and infrastructure projects and pre positioned logistics to enable lawful rapid response. (AI Summary)
Author
Date 17 May 2025
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Recall of witnesses permits judicial questioning to clarify evidence, not a party's tool to reopen or supplement proof.
Order 18 Rule 17 CPC permits the court to recall and further examine a witness for clarifying doubts or obtaining proper proof, to be exercised sparingly and in exceptional cases; the power is court-centric and not meant for parties to fill omissions in their evidence. Section 165 of the Evidence Act empowers judges to question witnesses and order production subject to statutory limits and privileges. (AI Summary)
Date 16 May 2025
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Jurisdiction limits of advance ruling authorities: AAR/AAAR cannot decide taxability under Finance Act, nor entertain issues not raised earlier.
Advance ruling authorities under GST lack jurisdiction to decide taxability under the Finance Act; requests to treat transfer of development rights or landowner consideration as taxable under earlier tax statutes fall outside AAR/AAAR remit. The AAAR cannot entertain new grounds in appeal that were not raised before the AAR and must confine review to issues presented to the original authority after affording parties an opportunity to be heard. (AI Summary)
Author
Date 16 May 2025
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Tax regime choice: compare deductions versus reduced slab rates to determine which regime best fits individual income.
Choice between the Old Tax Regime and the New Tax Regime depends on an individual's income mix and entitlement to deductions and exemptions. The old regime offers extensive salary and Chapter VI A deductions (standard deduction, HRA, LTA and investment deductions) beneficial for taxpayers using tax saving instruments, while the new regime provides simplified, wider slabs with lower marginal rates and limited exemptions-together with a higher standard deduction and a few employer reimbursed allowances. Taxpayers must compute and compare projected liabilities under both regimes. (AI Summary)
Date 16 May 2025
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80G5 Registration renewal required to preserve donor tax deduction eligibility; update details and file Form 10AB before expiry.
Organizations holding 80G5 Registration must renew certificates that are valid for five years at least six months before expiry and update details when there are changes to the trust deed, objectives, registered address, trustees or management, PAN, contact details, or bank information. Renewal and updates are effected electronically via the Income Tax e-Filing Portal using Form 10AB, with required supporting self-attested PDFs, submission through DSC or EVC, and status tracking under "My Applications." (AI Summary)
Author
Date 16 May 2025
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Copyright infringement: unauthorized use triggers civil remedies and enforcement measures including injunctions and rights holder actions.
Infringement arises when protected works are used without authorization across categories: Copyright, Trademark, Patent, Trade Secret, Industrial Design, and Geographical Indication. Protection measures include registration to secure exclusive rights; contractual safeguards such as NDAs and confidentiality clauses; technological monitoring like DRM and anti piracy services; legal enforcement via notices, litigation for injunctions and damages, criminal prosecution where applicable, ADR for patents, and customs/border measures to prevent counterfeit or mislabelled imports. (AI Summary)
Author
Date 16 May 2025
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Cyber-squatting protections enable trademark owners to pursue arbitration and judicial remedies including transfer or cancellation of domains.
Cyber-squatting involves registering or using domain names in bad faith that are identical or confusingly similar to trademarks to profit or mislead. Remedies include administrative proceedings under UDRP or INDRP requiring proof of confusing similarity, bad faith registration, and lack of registrant rights, statutory actions such as the ACPA, and national remedies under trademark, information technology and common law, with practical measures including cease-and-desist notices, domain monitoring, and preventive registration strategies. (AI Summary)
Author
Date 16 May 2025
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Passing off protects unregistered marks by requiring goodwill, misrepresentation and damage to prevent consumer confusion and unfair competition.
Passing off prevents commercial misrepresentation that causes consumer confusion and protects the market reputation of unregistered marks by requiring proof of goodwill, a defendant's misrepresentation likely to cause confusion, and actual or probable damage to that goodwill; remedies include injunctions, damages or account of profits, and delivery up or destruction, and preventive measures include brand monitoring, documentation and pursuing trademark registration for additional protection. (AI Summary)
Author
Date 16 May 2025
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BRSR reporting mandates structured ESG disclosure, standardizing corporate sustainability transparency for listed companies and investor decision-making.
A regulatory disclosure regime requires listed companies to prepare a Business Responsibility and Sustainability Report (BRSR) that systematically discloses Environmental, Social and Governance (ESG) performance. The BRSR is structured into three parts: General Disclosures (corporate profile, operations, workforce), Management and Process Disclosures (governance, ESG policies, stakeholder engagement) and Principle-wise Performance Disclosures across nine national principles requiring qualitative and quantitative metrics such as emissions, water use, training and diversity. (AI Summary)
Author
Date 16 May 2025
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Corporate restructuring reshapes a firm's capital, operations, or legal form to address distress and enhance long term value.
Corporate restructuring involves changes to a company's financial, operational, organizational, legal or strategic structure to increase shareholder value, address financial distress, improve efficiency, or prepare for transactions. Financial restructuring changes capital structure through refinancing, equity infusion or debt-to-equity conversion. Operational measures-layoffs, closures, outsourcing-aim to reduce costs and restore profitability. Strategic options include mergers and acquisitions, divestitures or spin offs, and legal restructuring for tax or regulatory optimisation. Drivers include insolvency risk, declining performance, competition, regulatory change, and exit preparations; benefits and risks derive from cost savings and potential disruption. (AI Summary)
Author
Date 16 May 2025
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Plastic waste regulation empowers central directives restricting flex billboards, requiring coordination with municipal enforcement.
MoEFCC may regulate and restrict plastic/flex billboards under the Plastic Waste Management Rules and the Environment (Protection) Act, 1986, including issuing bans, guidelines and directions and enforcing Extended Producer Responsibility on producers, importers and brand owners. Municipal Corporations retain primary enforcement for removal and penalties under local laws and outdoor advertising policies, making coordination between MoEFCC, CPCB/SPCBs and municipalities essential for effective compliance and removal of unauthorized plastic/flex billboards. (AI Summary)
Author
Date 16 May 2025