News Updates
FanCode v. FanCode 11: Delhi High Court Grants Interim Injunction In Favour Of Dream11 In Trademark Infringement Suit
The Delhi High Court has granted ad interim ex parte injunction in favour of the owners of Dream11 in respect of their online sports platform FanCode in a trademark infringement suit against 'FanCode 11' website.Justice Navin Chawla in the order observed that Sporta Technologies Private Limited, which operates the fantasy sports platform Dream11, has been able to make a "good prima facie case"...
External Hard Disk Drives Eligible For Concessional Rate Of Additional Customs Duty: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has reiterated that import of external/portable hard disk drives are eligible for concessional rate of additional customs duty, as provided under Notification No. 6/2006-CE, dated 1st March 2006, and Notification No. 12/2012-CE, dated 17th March 2012. Referring to the various judgments passed by...
RSS Appeals Before Madras High Court DB Against Single Bench Imposing Conditions Like 'Bring No Lathi' For Route March
The Rashtriya Swayamsevak Sangh has moved the Madras High court challenging an earlier order of the court had imposed certain conditions on the party for conducting its route march. The court directed the organization to conduct the proceeding in compounded premises such as Ground or Stadium. The court had also directed the participants not to bring any stick, lathi or weapon that may...
Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused
The Bombay High Court recently granted bail to a man accused of raping a minor girl observing that the two were in a relationship and the girl, though minor, understood the consequences of her act. The girl was 15 years and 4 months old while the accused was about 21 years old at the time of the alleged incident. "It appears that the applicant though minor, was capable of understanding...
Muzaffarnagar Riots Case: Allahabad HC Rejects Disqualified BJP MLA Vikram Saini's Plea To Stay Conviction
The Allahabad High Court on Tuesday REJECTED an application filed by the (now disqualified) BJP MLA, Vikram Saini seeking a stay on his conviction in connection with the 2013 Muzaffar Nagar riots case. Saini represented UP's Khatauli Assembly and was elected as an MLA for the first time in 2017.The bench of Justice Samit Gopal rejected his application while observing that merely pleading that...
Payment On One-Time Premium/Aalami Can't Be Charged To Service Tax Under Renting Of Immovable Property: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the payment of a one-time premium or salami cannot be charged to service tax under the heading "renting of immovable property service."The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that service tax under Section 65(105)(zzzz) read with...
Kantara Movie: Kerala HC Dismisses Petitions Challenging Restraint Orders Against "Varaharoopam" Song; Allows Hombale Films To Avail Alternative Remedies
Update on November 25 : Kerala Court Returns Thaikkudam Bridge's Plaint Citing Lack Of JurisdictionThe Kerala High Court on Wednesday dismissed as not maintainable the petitions filed by Hombale films (producer of Kantara movie), against the ad-interim injunction orders passed by the Palakkad District Court and the Kozhikkode District Court restraining the use of song 'Varaha Roopam' in...
No Service Tax Payable On Security Deposit Taken From Customers Towards Trading Of Shares: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on security deposits taken from customers towards the trading of shares.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that the amount is refundable and was towards security deposits and was not for the purpose of...
Cost Of The Diesel For Providing DG Set Rental Service Attracts 18% GST: Uttarakhand AAR
The Uttarakhand Authority of Advance Ruling (AAR) has ruled that 18% GST is applicable on the cost of the diesel incurred for running diesel generators (DG) in the course of providing DG rental service.The two-member bench of Anurag Mishra and Rameshwar Meena has observed that consideration for reimbursement of expenses, such as the cost of the diesel for running the DG set, is nothing but...
Keeping Disciplinary Proceedings Pending Against Employee After 1.5Yrs Of Inquiry Report Submission 'Unreasonable': Allahabad HC
The Allahabad High Court recently observed that a period of 1.5 years is an 'extremely unreasonable long time' to keep disciplinary proceedings pending against an employee after the submission of an inquiry report.The bench of Justice Alok Mathur observed so while dealing with the case of one Yatendra Kumar (suspended General Manager, U.P. Nirman Nigam Ltd), challenging his suspension...
No Service Tax Payable On Sale Of Ready-Mix-Concrete: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the entire exercise is the sale of ready-mixed concrete (RMC) and there is no service element involved so as to create service tax liability against the assessee.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that the department has very...
Service Tax Under RCM For Works Contract Service Not Applicable on Corporate Assesses: CESTAT
The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), consisting of P.K. Chaudhary (Judicial Member), has held that the notification levying service tax under the reverse charge mechanism (RCM) for works contract service shall be applicable only to individuals, partnership firms, and Hindu Undivided Families (HUF), and not to corporate...