News
Trademark infringement when products involved are different
13 October 2017
In a case pertaining to a suit for trademark infringement and passing off, in the mark “Vogue”, the trial court had vacated the ex-parte interim injunction in favour of the plaintiffs(Advance Magazine Publishers Inc).
Copyrights - Sound recording rights different from literary or musical rights
13 October 2017
A Division Bench of the Bombay High Court has dismissed the appeal filed against the Single Judge Order granting an interim injunction, restraining the defendants (Trimurti Films Pvt. Ltd) from releasing the film “Baadshaho” with the song “Keh Doon Tumhe”.
Are Belated Claim Amendments of Granted Patents Permitted?
13 October 2017
In a recent order dated August 01, 2017, the Singapore Court of Appeal [See end note i], upheld the High Court’s order
22nd meeting of GST Council – Certain reliefs
11 October 2017
The GST Council recently held its 22nd meeting to discuss various issues being faced by the industry under the new GST regime.
Consolidated FDI Policy
12 September 2017
Government of India has released the latest Consolidated FDI Policy, 2017 (FDI Policy 2017), effective from August 28, 2017.
21st GST Council meeting – Major decisions
11 September 2017
The GST Council met in Hyderabad on 9th September 2017 to discuss and decide on various issues including extension of date for filing GST returns.
GST/VAT liability in case of chain of successive supplies
04 September 2017
In a case involving supply of goods by a taxable person in the first State where, before such supply transaction is entered into, the purchaser, who is a taxable person in the second State, expresses an intention to resell the goods immediately, before transporting them from the first State to a taxable person established in a third State, the Court of Justice of the European Union has held the first transaction to be liable to VAT, as they constituted internal supplies.
Valuation of ATF available in fuel tank of aircraft returning from foreign trip
04 September 2017
CESTAT Delhi has rejected the contention of the Revenue department that valuation of Aviation Turbine Fuel available as remnant fuel in the aircraft returning from foreign trip, has to be done by including 20% as notional freight charges in terms of Rule 10(2) of Customs Valuation Rules.
Cenvat Rule 3(4) proviso is ultra vires Credit Scheme
04 September 2017
Gujarat High Court, in the case of Advance Surfactants India Ltd. v. Union of India, has held the proviso to sub-rule (4) of Rule 3 of Cenvat Credit Rules to be ultra vires to the scheme of Cenvat Credit inasmuch as it restricted the utilisation of credit to the extent such credit was available on the last day of the month or quarter, for payment of duty relating to that month or the quarter, as the case may be.
Forex gain on royalty or interest income received by resident, taxable in India
04 September 2017
The assessee, Ballarpur Industries Ltd, a public limited company derived income from business and from royalty and interest from a joint venture company in Malaysia.