News
No passing-off in abbreviation used along with another different mark
07 June 2018
In a case involving passing-off by use of trademark VAC-PAC, Delhi High Court has dismissed the suit with costs. It observed that plaintiff used the mark with his another trademark SUPERON, while defendant used it along with his mark GMM/arc, which is totally different.
Trademark passing-off – Use of surname not prohibited
07 June 2018
Karnataka High Court has upheld vacation of interim injunction in a case involving alleged passing-off in names of companies - Patil and Patil Parimala Works, and Patil Fragrances. The plaintiff had contended that by using the word ‘Patil’, the defendant was infringing the rights of the plaintiff.
Reference to arbitration when one of the agreements not containing arbitration clause
07 June 2018
In this case, several agreements and contracts were executed between various parties through their involvement in a single commercial project of a solar plant. Among the 4 agreements executed between parties, 3 contained an arbitration clause.
Pre-deposit for second appeal includes deposits made for first appeal
04 June 2018
Delhi High Court has on 31st of May 2018 held that for filing second appeal before the CESTAT, the assessee is required to deposit 10% of amount of duty/penalty as confirmed by the first appellate authority which is inclusive of 7.5% pre-deposit made for the first appeal.
WTO establishes panel to examine certain Indian export measures
31 May 2018
WTO has on 28th of May, 2018 established panel to examine certain Indian export measures which according to the United States of America are export subsidies in violation of WTO's Agreement on Subsidies and Countervailing Measures.
Competition - Counsel can accompany clients during investigation before DG
30 May 2018
Delhi High Court has held that right of a person to be accompanied/represented by an advocate cannot be extinguished considering the severe consequences of enquiry/investigation under Section 41(2) of the Competition Act.
GST payable on one-time lease premium when specific exemption absent
22 May 2018
Division Bench of Bombay High Court has held that GST is leviable on one-time lease premium paid by the allottee to acquire plots for business purposes on long term lease.
Excise valuation – No difference in ‘transaction value’ and ‘normal value’
22 May 2018
Constitution Bench (5 Judge Bench) of Supreme Court in the case of Commissioner v. Grasim Industries has held that inclusions that enrich value of article till its clearance, are permissible additions to value under Section 4 (prior to 2000) of the Central Excise Act,
Works contract or sale and service contract – Nature of contract is relevant
22 May 2018
Karnataka High Court in the case of Thyseenkrupp Elevator v. Commissioner has held that when there are two contracts, one for purchase of component and other for labour and service then the nature of contract is relevant in determining transaction as sale simpliciter or works contract.
Deduction under s.10A allowed in both export and total turnover
22 May 2018
Supreme Court has held that software development charges relatable to technical services provided outside India are to be excluded from ‘total turnover’ while working out deduction under Section 10A of Income Tax Act.