News
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.
Directorate General of Trade Remedies created in Department of Commerce
11 May 2018
In order to provide comprehensive and swift trade defence mechanism the Indian government has created an integrated single umbrella national authority to be called the Directorate General of Trade Remedies (DGTR).
27th Meeting of the GST Council – Highlights
07 May 2018
Goods and Services Tax (GST) Council met for the 27th time on 4th of May, 2018 and decided on various issues including simplifying the GST monthly return filing, and converting the GSTN into a fully government owned company.
Trademark/dress infringement – Punitive damages for violating interim order
02 May 2018
Delhi High Court has held that selling of chocolates under name of Golden Passion amounts to passing off, unfair competition, etc. An order of permanent injunction was passed upholding defendant’s chocolates as deceptively similar to plaintiff’s registered trade mark or trade dress FERRERO ROCHER.
Copyright – Lack of originality in work is touchstone in Rectification Petition
02 May 2018
The Delhi High Court has allowed the rectification application holding that artistic work in label NIHAL UTTAM is not an original work under Section 13 of the Copyright Act. It held that Respondent’s artistic work in the said label was substantial reproduction and colourable imitation of Appellant’s NIHAR COCONUT OIL.
Copyright – ‘Protected system’ under I.T. Act, and ‘Government work’
02 May 2018
The Honble Supreme Court has held that power of declaration of ‘protected system’ under Section 70 of the Information Technology Act, 2000 has to be read along with the provisions contained in Sections 2(k) and 17(d) of the Copyright Act, 1957 defining government work and vesting copyright in such
Trademark – No confusion between words ‘Blacksmith’ and ‘Goldsmith’
02 May 2018
Finding no case of infringement and passing off of mark ‘Blacksmith’ by mark ‘Goldsmith’, Delhi High Court has dismissed the suit for permanent injunction. It noted that dictionary meanings of words were different and they were unlikely to be remembered by breaking into two parts, i.e. Black
Insolvency – ‘Moratorium’ applicable to property of ‘Personal Guarantor’
05 April 2018
National Company Law Appellate Tribunal has held that ‘Moratorium’ under Section 14 of the Insolvency and Bankruptcy Code will not only be applicable to the property of the ‘Corporate Debtor’ but also on its ‘Personal Guarantor’.
Fugitive Economic Offenders Bill approved by Cabinet
04 April 2018
Union Cabinet has approve the Fugitive Economic Offenders Bill, 2017 providing for measures to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts and empowers the Government to confiscate the properties of such offenders in India.