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Patentability of nanopharmaceuticals requires demonstrated enhanced therapeutic efficacy and robust safety and standardization data.
Patent protection for nano pharmaceuticals in India requires novelty, inventive step and industrial applicability while overcoming statutory exclusions for inventions prejudicial to health or the environment and for methods of medical treatment; applicants must demonstrate Enhanced Efficacy beyond mere particle-size reduction, provide standardized, reproducible testing and safety data, and align patenting strategies with TRIPS-consistent public-order and health exceptions. (AI Summary)
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Date 02 May 2025
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Duty to repatriate export proceeds under FEMA may attract severe penalties and compounding remedies if not complied.
Exporters bear a statutory duty under Sections 7 and 8 of FEMA to declare full export value and to take all reasonable steps to realise and repatriate foreign exchange to India through an Authorized Dealer within RBI-prescribed timelines. Failure to comply is a contravention attracting penalties under Section 13, including enhanced and daily penalties for continuing offences, while compounding under Section 15 permits regularisation by payment of a fee. Remedial measures include seeking extension or write-off via the AD bank and voluntary disclosure; procedural templates for extension and compounding applications are provided. (AI Summary)
Author
Date 02 May 2025
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Patentability criteria determine exclusive patent rights and enable oppositions, enforcement, and compulsory licensing to protect public interest.
The Patents Act, 1970 sets the legal framework for granting and enforcing patents by requiring novelty, inventive step and industrial applicability, excluding certain subject matter, and providing for provisional and complete applications, substantive examination, pre and post grant oppositions, and statutory enforcement rights. Patents grant time limited exclusivity subject to renewal fees, while the Act permits parallel imports and contains a compulsory licensing mechanism and procedural provisions aligned with international obligations to balance inventor rights and public interest. (AI Summary)
Author
Date 02 May 2025
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Patent registration requirements ensure novelty, correct formal filings, and compliance with examination and maintenance procedures.
Patent registration in India requires establishing novelty and filing a provisional or complete specification with prescribed documents (specification, claims, abstract, drawings, and statutory forms). Applicants must file a Request for Examination within the statutory period, respond to examination reports and objections, and, if satisfied, receive grant and publication; the granted patent is subject to a defined term and annual renewal fees. The process is governed by the Patents Act and Patent Rules and administered by the Indian Patent Office, with professional assistance recommended for meeting procedural and documentation requirements. (AI Summary)
Author
Date 02 May 2025
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Appeal filing procedure before the GST Appellate Tribunal requires prescribed form, documentary compliance and a pre deposit requirement.
Appeals to the Appellate Tribunal must be filed online on the GSTAT portal in Form GST APL 05, comply with prescribed format and supporting documentation, and meet a pre deposit requirement comprising payment of admitted liabilities and a specified proportion of the remaining tax in dispute; filing fees apply. The Registrar scrutinises, numbers and monitors appeals, may return defective filings for rectification, and the Tribunal may admit delayed appeals on sufficient cause. Departmental applications to refer points to the Tribunal are provided for in a specified form. (AI Summary)
Date 01 May 2025
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LLP annual return corrections: file a revised return and related forms to restore compliance and avoid penalties.
Correcting errors in LLP annual return filings requires identifying inaccuracies (financials, partner details, turnover, filing dates) and filing a revised return through the MCA portal within the permitted time frame. Material mistakes may also require accompanying statutory filings such as Form 8 and Form 11. Timely corrections reduce the risk of penalties for delayed or incorrect submissions and preserve the LLP's compliance standing. Engage qualified professionals for complex corrections to ensure revised filings meet legal and evidentiary requirements. (AI Summary)
Author
Date 01 May 2025
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Intellectual property protection: enforce rights through registration, cease-and-desist, ADR, injunctions and litigation, plus international mechanisms.
Protection of intellectual property requires selecting the correct IP category and securing rights: copyright (registration optional but evidentiary), trademark registration for distinctive signs, patent prosecution for novel inventions, and trade secret safeguards via confidentiality and NDAs. Enforcement tools include cease-and-desist letters, negotiation and licensing, litigation for injunctions and damages, ADR mechanisms, and, where applicable, criminal prosecution. International enforcement uses WIPO systems, regional offices, and treaty frameworks. Preventive measures include registration, monitoring, and contractual controls; seek counsel for jurisdiction-specific strategy and enforcement. (AI Summary)
Author
Date 01 May 2025
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Trademark registration requires prior search, formal filing, statutory examination, journal publication, opposition period, and renewal obligations.
Registration requires a pre-filing trademark search, submission of an application with mark representation and classified goods/services, formal examination with possible objections and responses, publication in the Trade Marks Journal for a public opposition period, resolution of any oppositions through evidence and argument, and issuance of a certificate of registration followed by periodic renewal to maintain exclusive rights. (AI Summary)
Author
Date 01 May 2025
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Geographical indication protection secures exclusive use by qualified producer groups after registration and opposition procedures are completed.
Registration requires proof that the product's quality or reputation is attributable to a defined geographical area, and filing by authorized users or producer associations with a detailed description, geographical delimitation, and evidence of reputation. The Registrar examines the application, publishes it for objections, adjudicates oppositions if any, and upon acceptance issues a Certificate of Registration; thereafter the registered group holds collective exclusive rights and must monitor, enforce and renew the GI to maintain protection. (AI Summary)
Author
Date 01 May 2025
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Patentability requirements - novelty, inventive step and industrial applicability determine entitlement to exclusive patent rights.
Patent registration in India grants exclusive rights on meeting novelty, inventive step, and industrial applicability. Applicants may file provisional or complete applications; publication follows the priority date and substantive examination occurs only after a request for examination. The examiner issues a First Examination Report listing objections, to which the applicant may amend claims or argue; satisfactory resolution leads to grant. After grant, third parties may oppose validity within the prescribed period, and the patentee must pay annual maintenance fees to keep the patent in force. (AI Summary)
Author
Date 01 May 2025
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Re-export under customs law enables duty remission and refunds when imported goods are re-exported in substantially original condition.
Re-export allows previously imported goods to be exported again when they remain unused, defective, or were temporarily imported for processing, provided statutory conditions are met: goods must be substantially in original condition (with limited repacking or repair), relevant bonds or undertakings are produced or discharged, and the exporter files a Shipping Bill and proof of re export within prescribed timeframes to claim duty remission or refund following customs verification. (AI Summary)
Author
Date 01 May 2025
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Refund of customs duty and interest: statutory recovery requires timely application with documentary proof and verification.
Refunds under the Customs Act permit recovery of customs duty and interest where duties were overpaid, paid in error, or where imported goods are re-exported; claims require filing the prescribed application within one year, supporting documentary proof (payment receipts, bills of entry, shipping bills, proof of export), and will be subject to customs verification of classification, valuation and non-usage in India. Interest is payable on validated refunds and for undue delay, with special refund mechanisms for bonded or temporary imports and duties paid under protest; administrative and judicial appeal routes exist for rejected claims. (AI Summary)
Author
Date 01 May 2025
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Warehousing period under customs laws allows temporary storage before clearance; extensions require customs permission and duties become payable.
The warehousing period permits imported goods to be stored in customs-approved warehouses for an initial one-year term from importation, with a discretionary extension of up to one additional year by the Commissioner of Customs; this applies to public, private and bonded warehouses. Bonded storage defers duty where goods await re-export or processing, but on expiry of the warehousing period (including extensions) duties and taxes become payable and customs may seize or confiscate goods if not cleared. Extensions and procedural conditions are governed by applicable customs regulations. (AI Summary)
Author
Date 01 May 2025
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Specified Goods classification triggers licensing and quantitative restrictions, impacting import compliance, clearance procedures and penalties.
Classification distinguishes Notified Goods, notified by government or customs to attract specific procedures, duties, exemptions or restrictions, from Specified Goods, identified under the FTP or DGFT notifications as subject to licensing, quotas, or trade promotion schemes. Notifications under the Customs Act and specifications under the Foreign Trade (Development and Regulation) Act create obligations at customs clearance; import without required license risks detention, denial of clearance, duty and penalty liabilities, and necessitates engagement with licensing or regularization mechanisms. (AI Summary)
Author
Date 01 May 2025
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GST Appellate Tribunal procedure now prescribed, governing appeals from Appellate and Revisional Authority orders under GST Acts.
The Appellate Tribunal's procedure is governed by the Goods and Services Tax Appellate Tribunal (Procedure) Rules, 2025 and Chapter XVIII of the Act; appeals lie against orders of Appellate Authorities and Revisional Authorities under the Central, State and Union territory GST Acts (excluding Integrated GST for the Rules' definition), and revisional powers permit calling and examining records of subordinate orders and passing appropriate orders after opportunity to be heard. (AI Summary)
Date 30 Apr 2025
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80G registration requires complete documentation, valid charity registration, audited accounts, and accurate Form 10A filing to secure donor tax benefits.
80G(5) Registration enables NGOs to grant donor tax deductions but requires active prior charity registration, complete and consistent documentation (registration certificates, trust deed or memorandum, PAN, audited accounts), audited financial transparency, timely and accurate online filing of Form 10A with proper classification and supporting documents, and prompt updating of any changes in trustees, address or objects to avoid verification delays or rejection. (AI Summary)
Author
Date 30 Apr 2025
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Demurrage charges impose importer liability when goods exceed the free storage period, risking seizure or disposal.
Demurrage arises when goods remain uncleared beyond the Free Storage Period at a port or customs area, triggering Demurrage charges imposed by port authorities or Customs. Rates typically commence after the free period and may escalate with continued delay. The consignee or importer is liable for payment; non-payment or failure to clear may lead to seizure or disposal. Waivers or extensions may be granted at authorities' discretion for administrative or excusable delays, but timely completion of customs documentation and clearance is the principal method to avoid demurrage. (AI Summary)
Author
Date 30 Apr 2025
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Warehousing in customs enables duty deferral and facilitates re-export while ensuring regulatory compliance and supply chain efficiency for traders.
Warehousing under the Customs Act permits imported goods to be stored in customs-controlled public, private, or bonded warehouses, enabling deferral of customs duties until goods are removed for domestic use or exported. Warehouses support inventory management, staged or batch clearance, secure storage under customs supervision, compliance through recordkeeping and inspections, and facilitate re-export and SEZ-related exemptions, thereby reducing transit time and logistics costs while preserving customs control and aiding post-clearance audits. (AI Summary)
Author
Date 30 Apr 2025
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Brand Rate Fixation enables exporters to claim customs duty refunds based on actual duties paid on imported inputs.
Brand Rate Fixation creates an exporter specific duty drawback rate where no All Industry Rate exists, calculated from actual customs duties paid on imported inputs and the quantities and values used in exported goods. The exporter must apply with detailed records, customs verifies the inputs and duties, and on approval a Brand Rate is issued for a defined period; claims are then filed electronically. Rates are unique to the exporter/product, subject to renewal or revision if input composition or duty structures change, and depend on accurate documentation and verification. (AI Summary)
Author
Date 30 Apr 2025
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BIS certification requirement ensures mandatory product conformity before customs clearance, with customs verification and enforcement.
Products subject to BIS compulsory schemes must obtain BIS certification or registration-through submission of product specifications, samples, inspections and testing-before customs clearance; importers are responsible for securing certificates and marking goods with the BIS standard mark. Customs verifies BIS certificates and test reports during Bill of Entry processing, enforces tariff duties and may seize or reject consignments that fail to meet mandatory standards, while exemptions and export facilitation remain conditional on compliance with applicable standards. (AI Summary)
Author
Date 30 Apr 2025