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Edition 97 • October 2023

Good and Evil

Good must prevail over evil – the significance of Dussehra. This is the same underlying philosophy of price regulation in the Pharma industry – make healthcare affordable to triumph over disease and mortality.

Insights

Implications of Price Capping In Indian Pharmaceutical Industry and IPR

Regulating prices in the pharma industry in light of growing IPR implications is key to maintaining balance between profit and social good.

What's Brewing

NHRC Advisory for Welfare of Transgenders

The NHRC Advisory is a slew of measures in the fields of education, employment, healthcare and general improvement of living conditions of transgenders.

Circulars & Notifications

The latest set of circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.

Circulars

Nil

Notifications

Nil

Circulars

4th September 2023
New format of Abridged Prospectus for public issues of Non-Convertible Debt Securities and/or Non-convertible Redeemable Preference Shares

4th September 2023

Change in mode of payment w.r.t. SEBI Investor Protection and Education Fund Bank A/c

4th September 2023

Mechanism for Sharing of Information by Credit Rating Agencies (CRAs) to Debenture Trustees (DTs)

6th September 2023

Clarification regarding investment of Mutual Fund schemes in units of Corporate Debt Market Development Fund

11th September 2023

Board nomination rights to unitholders of Infrastructure Investment Trusts (InvITs)

11th September 2023

Board nomination rights to unitholders of Real Estate Investment Trusts (REITs)

14th September 2023

Regulatory Reporting by AIFs

20th September 2023

Redressal of investor grievances through the SEBI Complaint Redressal (SCORES) Platform and linking it to Online Dispute Resolution platform

26th September 2023

Extension of timelines (i) for nomination in eligible demat accounts and (ii) for submission of PAN, Nomination and KYC details by physical security holders; and voluntary nomination for trading accounts

26th September 2023

Master Circular for Merchant Bankers

27th September 2023

Nomination for Mutual Fund Unit Holders – Extension of timelines

30th September 2023

Extension of timeline for verification of market rumours by listed entities

 

Notifications

15th September 2023

Gazette Notification - Metropolitan Stock Exchange of India Limited

28th September 2023

Gazette Notification for renewal of recognition of NSE Clearing Ltd. (NCL)

28th September 2023

Gazette Notification for renewal of recognition of Indian Clearing Corporation Ltd. (ICCL)

Circulars

18th September 2023

Circular No. 16/2023: Circular No. 16/2023:​Extension of timelines for filing of Form 10B/10BB and Form ITR-7 for the Assessment Year 2023-24

 

Notifications

1st September 2023

Notification No. 74/2023 [F.No.300196/3/2023-ITA-I] / SO 3863(E)

1st September 2023

Notification No. 75/2023 [F.No. 300196/66/2018-ITA-I] / SO 3864(E)

1st September 2023

Notification No. 76/2023 [F.No.300196/19/2022-ITA-I] / SO 3865(E)

12th September 2023

Notification No. 71/2023 [F. No. 225/103/2023-ITA-II] / SO 3981(E)

12th September 2023

Notification No.77 /2023 [F. No. 173/105/2013-ITA-1] / SO 3984(E)

19th September 2023

Notification No. 78/2023 [F.No.300196/22/2022-ITA-I] / SO 4118(E)

22nd September 2023

Notification No. 79/2023 [F. No.370142/31/2023-TPL] / SO 4192(E)

22nd September 2023

Notification No. 80/2023 [F. No.370142/31/2023-TPL / SO 4193(E)

25th September 2023

Notification No. 81 /2023 [F. No. 370142/9/2023-TPL Part (1)] / GSR 685(E) : Income-tax (Twenty first Amendment), Rules, 2023

27th September 2023

Notification No. 82/2023 [F.No. 370142/29/2023-TPL] / GSR 697(E) : Income-tax (Twenty Second Amendment) Rules, 2023

27th September 2023

Notification No. 02 /2023 : Procedure, format and standards for filling an application for grant of certificate under sub-rule (4) and its proviso of Rule 28AA of Income Tax Rules, 1962, for deduction of Income-tax at any lower rate or no deduction of Inc

29th September 2023

Notification No. 83/2023 [F. No.370142/32/2023-TPL] / GSR 702(E) : Income-tax (Twenty-Third Amendment) Rules, 2023

29th September 2023

Notification No. 84/2023 [F. No. 300196/10/2022-ITA-I] / SO 4265(E)

29th September 2023

Notification No. 85/2023 [F.No.300196/20/2022-ITA-I] / SO 4282(E)

Circulars
Nil

 

Notifications
Nil

Circulars

14th September 2023

21/2023 - Norms for posting of officers and benchmark performance criteria while granting exemption from payment of Cost Recovery Charges (CRC) at Air Freight Stations.

19th September 2023

22/2023 - Circular No. 22/2023-Customs- Implementation of Ex-Bond Shipping Bill in ICES 1.5

30th September 2023

23/2023 - Mandatory additional qualifiers in import/export declarations in respect of certain products-reg.

30th September 2023

Implementation of Section 16 4 of IGST Act related to restriction on export of certain goods on payment of IGST and coverage under refund mechanism- reg.

 

Notifications
A. Tariff
05th September 2023

47/2023-Customs - Seeks to amend Second Schedule to the Customs Tariff Act to prescribe export duty on onions.

05th September 2023

53/2023 – Customs - Seeks to amend No. 50/2017-Customs, dated the 30th June, 2017 February, 2021 in order to revise effecive duty for certain products

14th September 2023

54/2023 – Customs - seeks to amend notification no. 50/2017-Customs in order to amend various entries relating to Project Imports as a result of Project Import review.

14th September 2023

Customs - seeks to amend notification no 11/2022-Customs and 12/2022-Customs in order to amend entries relating to Phased Manufacturing Programmer for wearables and hearable.

15th September 2023

56/2023 – Customs - Seeks to amend No. 19/2019-Customs

29th September 2023

57/2023 – Customs - Seeks to amend notification No. 55/2022-Customs dated 31.10.2022, in order to provide export duty exemption on exports of Bangalore Rose Onion.

 

B. Non-Tariff

06th September 2023

64/2023-Customs (NT) - Exchange Rate Notification No. 64/2023-Cus (NT) dated 06.09.2023-reg

06th September 2023

65/2023 Customs (NT) - Notification in relation to new Land Customs Station Nischintpur Railway Station in West Tripura District, Tripura with route Nischintpur (India) to Gangasagar (Bangladesh) Railway line by amendment of Principal Notification No. 63/1994-Customs (N.T.) dated 21st November, 1994

14th September 2023

66/2023 Customs (NT) - Notification in relation to new Land Customs Station MAIA in Murshidabad District, West Bengal with route "The river route as per the Protocol on Inland Water Transit and Trade between India and Bangladesh connecting Maia in India to Bangladesh" by amendment of Principal Notification No. 63/1994-Customs (N.T.) dated 21st November, 1994

15th September 2023

67/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg.

21st September 2023

68/2023 Customs (NT) - Exchange Rate Notification No. 68/2023-Cus (NT) dated 21.09.2023-reg.

27th September 2023

70/2023 Customs (NT) - Exchange Rate Notification No. 68/2023-Cus (NT) dated 21.09.2023-reg.

29th September 2023

71/2023 Customs (NT) - Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg.

30th September 2023

72/2023 Customs (NT) - amendment in the First Schedule to the Customs Tariff Act, 1975.

 

C. ANTI-DUMPING

11th September 2023

09/2023-Customs (ADD) - Seeks to impose ADD on imports of " Flat base steel wheels" originating in and exported from China PR for a period of 5 years.

The Verdict

Non-payment of school fee is not ground for denying permission to students for appearing in exams

Recently, the Delhi HC upheld the rights of children’s education by ruling that non-payment of school fee is not ground for denying permission to students for appearing in exams.

Go Figure

Looking Deep Inside the International Legal Generative AI Report, 2023

Generative AI is the latest fad in catching the attention of the young for their work life.
Lawtitude

Silent Suffering: The Absence of Compensation for Data Breach Victims in India's THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

Compensation for breach of personal data is a grey area in the Digital Personal Data Protection Act.

punitive

inflicting, involving, or aiming at punishment

quasi-offense

a negligent unlawful act that causes damage to another and for which the law imposes an obligation for damages

repeal

to rescind or annul by authoritative act

sui juris

having full legal capacity to act on one's own behalf : not subject to the authority of another

Infographic

Resolution through Mediation

The Mediation Act 2023 seeks to resolve disputes through discussion / mediation and settlements.

Lawlipop

Important legal and other news having a bearing on society depicted in a fun quirky way!

pAIn Management

use of AI treating pain

India(ns) shining

Asian Games 2023

(P)Review
Your regular dose of a movie, TV show and a book all based on law to keep you entertained and thinking at the same time!
Movie

Anatomy of a fall (2023)

Inspired by true events, this is a trial thriller with French, English and German spoken languages used liberally. The movie revolves around German writer Sandra who lives with her husband and blind son in a remote town in the snowy French Alps. When Samuel is found dead mysteriously near their home, Sandra becomes the prime suspect and is arrested. When the trial commences, her blind son Daniel becomes the sole witness. It is a tricky trial as Sandra talks in English mostly with French authorities making her version a little more unbelievable. When Daniel informs that their parents quarrelled frequently and they fought a day before Samuel’s death, the case strengthens against Sandra. However, she maintains that she did not murder Samuel. How the trial unravels the truth forms the rest of the movie. The film premiered at 2023 Cannes film festival  and won the award besides awards at the Sydney film festival and Brussels film festival.

Book/Novel

Time of Justice by Robin James (2020)

The first of the Mara Brent series from former attorney-law professor Robin James, the novel is courtroom crime thriller. Small town prosecutor Mara Brent harbours a soft corner for a wheelchair bound rape survivor whom she had known from the start of her legal career. The perpetrator of that crime could not be convicted. After two decades, when  a DNA match is found and an arrest made, Mara thinks of finally brining the perpetrator to book. However, from the start of the trial, every move of hers is sabotaged. A sinister conspiracy to protect the habitual offender unravels. Mara must do everything in her might to ensure the offender is convicted.

TV Series

Scoop (Hindi) (2023)

A prominent journalist is murdered, and a notorious gangster takes responsibility for the killing. In turn of events, another journalist is accused of conspiring with the gangster in murdering the journalist. Streaming on Netflix, the series is based on real life incident that occurred in Mumbai in 2011.

An unjust law itself is species of violence – Mahatma Gandhi

Readers' Corner

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