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Bombay High Court Summons Patanjali Director, Demands Apology

The Bombay High Court has summoned Patanjali Ayurveda’s director, Rajnish Mishra, demanding an ‘unconditional apology’ for alleged trademark infringement concerning their camphor product. This order follows accusations of ‘misleading’ advertisements from the Supreme Court.

Mangalam Organics filed a copyright infringement and contempt plea, alleging that Patanjali’s camphor product ‘mimicked’ their own, despite a restraining order issued in August 2023. According to the plea, Patanjali’s ‘cone-shaped, non-woven fabric draped packaging’ was sold online and at Patanjali Mega Store in Mumbai’s Virar, leading to consumer confusion. Mangalam Organics presented invoices from March 10 to April 28 and pointed out the product’s manufacturing date.

Justice RI Chagla has instructed Mishra to appear in court and apologise within a week, with the next hearing set for  8 July 2024. Earlier, Newslaundry reported on Patanjali’s misleading advertisements and emphasised the importance of supporting independent media.

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German Patent Granted for BAU’s ‘Neera’ Powder Technique

Bihar Agricultural University (BAU), Sabour, has secured a German patent for its pioneering method of preserving ‘neera’—fresh juice of the palmyrah palm—in powdered form, which can be stored for up to a year.

Mohd Wasim Siddiqui, a scientist in the department of food science and postharvest technology at BAU, is the mastermind behind this technique. He revealed that the patent, filed in Germany on 17 May 2024 after approval from the Patent Council of India, was granted on Tuesday.

Siddiqui explained the process: ‘The palm juice is homogenised with varying concentrations of carrier material to convert the fine droplets of ‘neera’ into dried powder. The homogeneous solution is then atomized, followed by rapid solvent evaporation in heated air, resulting in dried particles collected in a container. This powder can be stored for a year in an airtight container and retains sensory properties similar to fresh ‘neera’ when reconstituted with water.’

Bihar, rich in palmyrah palm trees, has the potential to outpace Tamil Nadu as the leading ‘neera’ producer in India. Siddiqui noted that ‘neera’ was a key ingredient in alcoholic beverages before the prohibition of liquor in Bihar, which hit farmers, especially toddy tappers, hard.

To mitigate these challenges, the state government has initiated ‘neera’-based industries to promote healthy consumption and provide employment to toddy tappers. Siddiqui highlighted that fresh ‘neera’ is difficult to preserve due to rapid fermentation, particularly in high temperatures. ‘Several preservation methods were tried in the past, but none succeeded. This new technology from BAU is a breakthrough for scientists involved in this mission,’ he said.

At Vakilsearch, we specialise in navigating complex patent processes and legal frameworks. Our expert team ensures that innovators like BAU receive comprehensive legal support to protect their intellectual property. Contact us today to explore how we can assist you in patent registration  securing and maximising the benefits of your innovations. 

Madhya Pradesh Cabinet Repeals 1972 Rule: Ministers to Pay Tax

In a significant policy shift, the Madhya Pradesh Cabinet has decided that state ministers will now be responsible for paying their own income taxes on salaries and allowances. This decision, which overturns a rule from 1972, was proposed by Chief Minister Mohan Yadav during a recent Cabinet meeting.

Urban Administration Minister Kailash Vijayvargiya announced, ‘The Chief Minister suggested that ministers should pay their own income taxes on allowances, rather than having the state government cover these taxes. The Cabinet has decided to end the provision allowing the state to pay these taxes.’

The move has faced criticism from the opposition. Congress state president Jitu Patwari argued that the government should focus on curbing wasteful expenditures like purchasing aeroplanes, decorating official residences, and buying luxury cars.

The now-abolished provision, as per Section 9K of the Madhya Pradesh Ministers (Salary and Allowances) Act, 1972 exempted ministers from paying income tax on allowances and other perquisites, with the state bearing the cost. Officials from the Finance Department explained that this law was originally enacted to ensure ministers from poor backgrounds were not burdened by income tax.

With the new decision, officials anticipate ‘direct financial savings for the state’ and ‘better allocation of resources towards development projects and public services.’ One official highlighted that this move promotes a culture of responsibility and aligns with public expectations of transparency in governance. ‘Ministers paying their own taxes will reduce unnecessary expenditure from the state budget, allowing funds to be redirected to essential services and development projects. The state is currently reeling from a financial burden,’ the official noted.

This policy change aligns Madhya Pradesh with other states that have amended similar provisions. In 2019, Uttar Pradesh revised its law to require the Chief Minister and other ministers to pay their own income taxes. Similarly, Himachal Pradesh mandated in 2022 that all ministers and MLAs pay their own income taxes, a cost previously covered by the state government.

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Nadella Intervenes in Microsoft-Nvidia AI Chip Standoff

In a high-stakes clash, Microsoft CEO Satya Nadella was compelled to step in to resolve a prolonged dispute with Nvidia over the design of an AI chip, as reported by The Information.

The conflict originated from Nvidia CEO Jensen Huang’s stringent control over his company’s chip distribution, sparking months of tension with Microsoft. Huang has maintained tight oversight to prevent stockpiling during supply shortages.

The crux of the disagreement centered on Nvidia’s attempt to dictate server rack configurations in Microsoft’s data centers, which could hinder Microsoft’s flexibility in switching AI chips. Sources revealed that this contention led to the development of Nvidia’s upcoming GB200 chip with a rack design mandated by Huang.

The prolonged argument escalated to Nadella, who ultimately persuaded Nvidia to retract their demands. Huang’s concerns about server space shortages in data centers like those of Microsoft and AWS were at the heart of the issue.

This feud impacted Nvidia’s stock, which fell for the third session on June 24, dragging the chip stocks index down by 3.02% during Asian trading hours, according to Reuters. Nvidia’s stock has dropped 13% since briefly surpassing Microsoft as the world’s most valuable company last week, Bloomberg reported.

The semiconductor giant has been vying with Microsoft and Apple for the title of the world’s most valuable company, marking a fierce competition among tech behemoths.

Income Tax Return FY 23-24: Essential Documents Checklist

As tax season kicks off, preparing your Income Tax Return (ITR) for FY 2023-24 can be a smooth process with the right documents at hand. Filing your ITR not only meets a legal obligation but also contributes to national development and provides benefits to taxpayers. The deadline for filing is Wednesday, July 31, 2024. To avoid penalties and ensure accuracy, here’s a detailed checklist of the essential documents required.

General Documents:

  • PAN (Permanent Account Number)
  • Aadhaar Number
  • Bank account details
  • TDS certificates (Form 16, Form 16A, Form 26AS)
  • Tax payment challans
  • Investment proofs (for deductions under sections 80C, 80D, 80E, 80TTA, etc.)

Documents for ‘Salaried Income’:

  • Form 16 (Salary Certificate)
  • Pension certificate
  • Arrears in salary documents
  • Full and Final Settlement (F&F) documents
  • Rent agreements or receipts (for HRA claims)
  • Travel bills
  • PF withdrawal documents
  • Gratuity or leave encashment records
  • Joining or relocation bonus documents
  • Foreign salary slips and tax returns

Documents for ‘Income from Other Sources’:

  • Bank passbook, post office savings passbook, statements, and interest certificates
  • Dividend warrants
  • Form 26AS
  • Accrued interest documents
  • Lottery income records
  • Agricultural income documents
  • Clubbed income documents

Documents for ‘Income from House Property’:

  • Rent agreement
  • Interest certificate from the bank
  • Property address
  • Co-owner details
  • Receipts of municipality taxes paid
  • Form 16A on rent
  • Details of pre-construction interest
  • Documents proving ownership
  • Home loan processing charges and foreclosure charge receipts

Documents for ‘Capital Gains’:

  • Purchase and sale deeds
  • Transfer expenses incurred
  • Purchase deed in case of reinvestment.

Documents for ‘Tax-Saving Investments’:

  • Receipts for investments in ELSS, PPF, EPF, Sukanya Samriddhi Yojana, tax-saving fixed deposits, SCSS
  • Receipts for donations made
  • Education loan interest-paid receipts
  • Receipts for Mediclaim insurance (for self and family)
  • Receipts for all other investments.

Expert Insights:

Aditi Nayar, Chief Economist at ICRA, highlighted, ‘Organising your documents is crucial for a smooth ITR filing experience. With the right preparation, taxpayers can avoid delays and additional scrutiny.’

Madan Sabnavis, Chief Economist at Bank of Baroda, advised, ‘Keeping all necessary documents handy ensures compliance and can prevent last-minute hassles during the ITR filing process.’

With this checklist, you can confidently navigate the ITR filing process, ensuring you have all necessary documents to substantiate your income, deductions, and tax payments. Happy filing!

GST Council’s Moves to Ease Compliance and Reduce Litigation: A Welcome Relief

In its first meeting since the new Union government formed, the GST Council made significant strides on Saturday to reduce the compliance burden and litigation for taxpayers. The Council adjusted tax rates on several items and introduced measures to make tax compliance more manageable.

Key among these steps is the recommendation to waive interest and penalties on demand notices under Section 73 for three financial years, provided the tax is fully paid by March 2025. Additionally, the Council proposed lowering the pre-deposit amounts required to file an appeal and setting monetary limits for the tax department to file appeals. These initiatives are positive, but there remain pressing issues that demand urgent attention.

Rate Rationalisation:

One critical issue is rate rationalisation. In September 2021, the GST Council established a Group of Ministers (GoM) to examine this matter. The committee submitted an interim report in June 2022, and the Council plans to discuss this issue further in its next meeting. Merging two tax slabs is one proposal on the table, but the Council must consider revenue neutrality. A study by the RBI showed that while the Chief Economic Advisor’s report pegged the revenue-neutral rate at 15.3%, the weighted average GST rate had dropped from 14.4% in May 2017 to 11.6% by September 2019.

Including Petroleum Products:

Another complex issue is incorporating petroleum products into the GST framework. Both the Centre and states derive substantial revenue from petroleum taxes, with states exercising control through their own levies. Bringing petroleum products under GST would require careful balancing of these interests.

Compensation Cess:

The compensation cess, initially levied for five years ending June 30, 2022, was extended to March 31, 2026, to repay loans taken by the central government during the pandemic. The Centre borrowed Rs 1.1 lakh crore in 2020-21 and Rs 1.59 lakh crore in 2021-22. There are expectations that these loans might be repaid by 2025-26, prompting the Council to consider discontinuing the cess thereafter.

Expert Insights:

Aditi Nayar, Chief Economist at ICRA, emphasised, ‘Organising your documents is crucial for a smooth ITR filing experience. With the right preparation, taxpayers can avoid delays and additional scrutiny.’

Madan Sabnavis, Chief Economist at Bank of Baroda, added, ‘Keeping all necessary documents handy ensures compliance and can prevent last-minute hassles during the ITR filing process.’

The GST Council’s recent moves to ease compliance and reduce litigation are commendable. However, it must also address these critical issues in a balanced and comprehensive manner, ensuring the concerns of state governments are addressed to reach a consensus on necessary measures.

Maruti Suzuki Faces GST Demand Notice of ₹ 5.4 Crore Over Input Tax Credit Denial

Maruti Suzuki India Limited (MSIL), the country’s largest carmaker, has been hit with a GST demand notice of ₹ 5.4 crore. The notice, issued by the GST Department in Gujarat, pertains to the denial of input tax credit on certain services for the period from July 2017 to March 2023. This information was disclosed by the company in a communication to the exchanges.

The total demand mentioned in the show cause notice (SCN) is approximately ₹ 5.4 crore. MSIL has stated that it will file a reply to the notice before the adjudicating authority. The company assured stakeholders that this notice will not impact its financial, operational, or other activities.

This is not the first time Maruti Suzuki has faced such issues. Last year, the GST Authority issued a show cause notice to the company proposing a tax demand of ₹ 139.3 crore, including interest and penalties. That notice concerned the tax liability under reverse charge basis on certain services for the period from July 2017 to August 2022.

Maruti Suzuki’s proactive approach in addressing these notices reflects its commitment to compliance and transparency.

GST Made Household Goods Cheaper, Helped Poor Save: PM Modi

Prime Minister Narendra Modi emphasised on Monday that his government remains committed to reforming policies to ‘transform people’s lives,’ highlighting how the Goods and Services Tax (GST) has lowered the prices of essential household items.

‘For us, reforms are a means to improve the lives of 140 crore Indians. After the introduction of GST, goods for household use have become much cheaper. This has resulted in significant savings for the poor and common man,’ PM Modi tweeted, citing data that shows reduced levies have helped lower the cost of goods and services.

Modi’s comments indicate the government’s intent to continue pushing reforms despite having fewer seats in the Lok Sabha. Analysts have expressed concerns about the NDA regime’s ability to implement key changes as it navigates coalition politics. While some legislative changes might face delays, executive decisions are expected to move forward.

The statement comes nearly seven years after GST was introduced as the biggest tax reform since Independence. While the government has highlighted the benefits of GST, such as subsuming multiple taxes and eliminating various cesses and octroi, the opposition has criticised it.

The GST regime has helped create a system that checks tax evasion and ensures that levies paid at each stage of production, from raw materials to finished products, are refunded through tax credits. This system eliminates the cascading effect of taxes, effectively removing tax on tax and lowering prices.

The government has listed several products to demonstrate the reduced tax burden. For instance, mobile phones, refrigerators, washing machines, 32-inch TV sets, and fans, which attracted a 31.3% tax pre-GST, now see an 18% tax under the new regime that started in July 2017.

PM Modi’s remarks underline the ongoing commitment to reforms aimed at reducing the financial burden on ordinary citizens and improving the overall economic landscape.

BBIL Moves to Correct Patent Oversight in COVID-19 Vaccine

Bharat Biotech International Limited (BBIL) is swiftly addressing a patent application oversight regarding its COVID-19 vaccine. The oversight involved the exclusion of the Indian Council of Medical Research (ICMR) from the original application, a mistake stemming from the confidential nature of the BBIL-ICMR agreement.

The error occurred amidst the high-pressure environment where organisations worldwide were racing to develop and patent COVID-19 vaccines. BBIL prioritised rapid development and early patent filing, which led to the unintentional omission of ICMR.

BBIL emphasises its respect and gratitude for ICMR’s continuous support on various projects. Recognising the mistake, BBIL is now working to amend the patent application to include ICMR as a co-owner. The necessary legal documents are being prepared and will be submitted to the Patent Office promptly, in line with the memorandum of understanding (MoU) signed between ICMR-NIV Pune and BBIL in April 2020 for joint vaccine development.

BBIL assures that this oversight is not uncommon and that Patent Law provides provisions to rectify such mistakes. The company is committed to upholding its collaborative agreements and ensuring that all contributions are rightfully acknowledged.

In light of BBIL’s swift action to rectify the patent oversight involving ICMR, it is clear that navigating patent laws in high-stakes environments requires meticulous attention to detail and robust legal support. Ensuring that all contributions are properly acknowledged is paramount for maintaining collaborative integrity and legal compliance. For professional legal assistance in managing patent applications and addressing similar issues, consider consulting the experienced team at Vakilsearch. Our experts are equipped to provide comprehensive guidance and support to safeguard your intellectual property rights and collaborative agreements.