Shivadass & Shivadass (Law Chambers)

CESTAT dismisses appeal filed by the Revenue on the ground that advancement of technology must be kept in mind while determining eligibility to claim exemption and hence, concluded that insulin manufactured using r-DNA technology would qualify as mono-component insulin. The arguments on behalf of the Assessee were led by our mentor Gopalakrishnan Shivadass, assisted by our Associate Partner Rishab J, and Associate Shri Gayathri. Read below for more details!! #indirecttax #cestat #customs

Our Partner, Prashanth Shivadass, was invited by the Indian National Bar Association, for the 13th Annual International Conference on Law & Policy Issues, on the occassion of the 75th Constitution Day. Prashanth, was part of a panel discussion, moderated by Luv Tanwani, along side Renuka Chaudhari, Srinit Misra and Nazneen Ichhaporia, that discussed DPDP, 2023 and a comparative analysis with EU and USA. The panel delved on 'Cross border data transfers', 'Penalties', 'Children's data and consent', 'Compliance difficulties and strategies'. The panel was met with some great feedback and interesting questions, post the discussions. Few pictures are attached. The live stream youtube recording, is also linked - https://lnkd.in/gMjYc2zw

Our Senior Associate, Shraddha Rajgiri, was invited to speak by Achromic Point, for an 'Advanced Training Course on GST', on November 27, 2024. Shraddha spoke on SCN, Litigation and Advance Rulings under GST. We were also pleased to partner with Achromic Point, for this event. Few pictures from the event are attached.

Karnataka High Court issues interim order, directing the Department to issue a refund of INR 115 Crores, in a matter relating to refund of unutilised ITC on 'export of services' in case of transfer of a 'going concern'. The arguments were led by our mentor Shri. Gopalakrishnan Shivadass, assisted by Associate Partner, Rishab J, Associate, Nitin Aditya, with strategic inputs from Partner, Prashanth Shivadass. Read more below!

Direct tax update - Karnataka High Court grants stay against draft assessment order, since it was issued beyond the time limit prescribed under Section 153 of the Income Tax Act, 1961. The arguments were led by our mentor Shri. Gopalakrishnan Shivadass, assisted by our Partner, Prashanth Shivadass, Associate Partner, Rishab J and Associate, Achyutha R Bharadwaj. Read more below!

Our Partner Prashanth Shivadass, was a moderator for the session 'Charting the Legal Waters: The Intricacies of Privacy Litigation in India and its Reverberations on Data Protection' at the 'Bharat Privacy Conference, 2024', on November 16, 2024, in New Delhi. The panel consisted of Shri. Amber Gupta, Shri. Himanshu Gautam, Shri. Shashank Jain and Smt. Urvashi S. Pathak, which deliberated on the following points: a) Primary legal grounds for litigation (balance between actionable violations under DPDP v. Fundamental Right to Privacy under Article 21), Sectoral overlaps etc. b) Privacy litigation impact for Companies / Industries from a reputation, consumer trust and investor perspective. c) Litigation in so far as Children's Privacy and Parental Consent (assuming a two factor authentication is implemented). d) Lack of suo moto powers of the Data Protection Board e) Need for capacity building programs by the Government and / or the DPB on aspects of Privacy and Data Protection to consumers, industries, law and order professionals etc. It was a pleasure partnering with the DPO Club for this incredible Conference. Some pictures from the discussions are attached. Akarsh Singh | Dhruv Suri | Shri Gayathri | Ananya K | Kethaki Ashwin

Our Associate Partner, Rishab J and Associate, Achyutha R Bharadwaj, write for TIOL PRIVATE LIMITED, on 'Rule 96(10) - An end to the unceremonious Rule?', basis the recent ruling of the Kerala High Court. Read more below! https://lnkd.in/g-kgHixw

Our Partner Prashanth Shivadass, will be at the Bharat Privacy Conference, 2024. Prashanth will be a part of the panel that will deep dive into 'the Intricacies of Privacy Litigation in India and Its Reverberations on Data Protection.' Join us in New Delhi, on November 16, 2024. Akarsh Singh | DPO Club

After arduous hours of arguments and copious submissions, the Hon’ble High Court of Kerala has put an end to the never-ending saga of Rule 96(10) of the Central Goods and Services Tax Rules, 2017 as inserted by Notification No.53/2018-CT dated 09.10.2018, by holding that the said Rule is ultra vires the provisions of Section 16 of the Integrated Goods and Services Tax Act, 2017 and unenforceable on account of being manifestly arbitrary for the period 23.10.2017 to 08.10.2024. The arguments were led by our mentor, Senior Advocate, Gopalakrishnan Shivadass, assisted by our Associate Partner, Rishab J, Senior Associate, Shraddha Rajgiri and Associate, Achyutha R Bharadwaj

High Court stays Show Cause Notice proposing to demand GST from the landowner on transfer of development rights for the period 2017-2018 as there was no valuation mechanism prescribed during the said period. The arguments on behalf of the Petitioner were led by our mentor Shri Gopalakrishnan Shivadass, assisted by our Associate Partner Rishab J, and Associate Shri Gayathri.