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Archive: 03 February 2012

Posts in 03 February 2012

Constitution of DRP at specified places vide ORDER NO. 1/FT&TR/2012

February 3, 2012 732 Views 0 comment Print

ORDER NO. 1/FT&TR/2012 [F.NO. 500/15/2011-FT&TR-I], dated 31-1-2012 -In exercise of powers conferred under section 144C of the Income-tax Act, 1961, and in supersession of earlier orders, the Board hereby constitutes the Dispute Resolution Panel (DRP) comprising of three Commissioners of Income-tax/Directors of Income-tax as Members of DRP at the places given below, who shall perform such duties in addition to their regular duties with immediate effect and until further order:

Damage for unauthorized trademark use can be claimed only on submission of proof of damage

February 3, 2012 396 Views 0 comment Print

In the 1st week of October, 2009, the petitioner came to know that the respondents have infringed its trademark by using the word ‘Arnimax’ on its products coupled with the trade dress and thereby has infringed the registered trademark and passed off its products as that of the petitioner. Accordingly, C.S. 360 of 2009 was filed and an interim order passed on 19th February, 2010 restraining the respondent from dealing with, offering for sale, advertising, marketing or publicising the impugned trademark ‘Arnimax’. Such order was continued on 8th April, 2010 and direction given for filing affidavits. An affidavit has been filed and a No Objection Certificate dated 9th December, 2002 has been relied upon by the respondent. Such No Objection Certificate was given by one Das Homoeo Laboratory (P) Ltd. No certificate of the petitioner has been produced. In fact on a comparison of the signature of the person who is the signatory to the certificate with the signature in the Indenture of Lease dated 25th March, 1988 the said signature will not tally. The licence given to Das Homoeo Laboratory (P) Ltd. by the owners of the registered trademark did not include the registered trademark ‘Arnimax’. Therefore, neither Das Homoeo Laboratory (P) Ltd. nor anyone deriving a right thereunder could have issued the No Objection Certificate. No document evidencing sale, registration or user has been produced by the respondent therefore the case of infringement made out subsists and the order dated 19th February, 2010 and subsequent orders passed be confirmed.

TRAI Releases Pre-Consultation Paper on “Allocation of Spectrum in 2G Band in 22 Service Areas by Auction”

February 3, 2012 531 Views 0 comment Print

The Telecom Regulatory Authority of India (TRAI) has today released a Pre-consultation Paper on “Allocation of Spectrum in 2G band in 22 Service Areas by auction” for comments of the stakeholders.The Hon’ble Supreme Court of India in its Judgment dated 2nd February 2012 in the writ petitions no 423/2010 and 10/2010, has directed TRAI to make fresh recommendations for grant of licence and allocation of spectrum in 2G band in 22 Service Areas by auction, as was done for allocation of spectrum in 3G band.

IRDA – Discussion paper on Tying And Bundling Insurance Policies With Other Services And Goods

February 3, 2012 1395 Views 0 comment Print

This paper seeks to discuss issues relating to tying and bundling insurance policies with other services and goods and how conflicts of interest that arise need to be dealt with. In particular, conflicts of interest that may arise in respect of manufacturers/agencies of automobiles and other goods and services in their role as Corporate Agents or where their group entities are Insurance Brokers need attention.

Appeal filed by the assessee liable to be unadmitted/dismissed, for non attendance

February 3, 2012 1412 Views 0 comment Print

PTC India Ltd. Vs ACIT (ITAT Delhi)- This is the appeal filed by the assessee against the order dated 30.9.2011 of CIT(A)-XVII, New Delhi pertaining to A.Y. 2008-09. However at the time of hearing no one was present on behalf of the assessee nor any adjournment application was placed before the Bench. The date of hearing was intimated to the assessee on the date appeal was filed. Signatures of the person filing the appeal in the Registry are available on record as such the appeal was passed over twice.

CA PCE and IPCE results expected on 9th February, 2012

February 3, 2012 1715 Views 0 comment Print

The results of the Chartered Accountants Professional Competence and Integrated Professional Competence Examinations held in November, 2011 are likely to be declared tentatively on Thursday, the 9th February, 2012 around 4.00 P.M. and the same as well as the merit list (candidates securing a minimum of 55% and above marks and upto the maximum of 50th Rank and in accordance with the decision of the Examination Committee) on all India basis will be available on the following website:

SC Cancels 122 licenses for mobile networks issued during A Raja’s tenure as Telecom Minister

February 3, 2012 691 Views 0 comment Print

The Supreme Court has cancelled 122 licenses for mobile networks issued during A Raja’s tenure as Telecom Minister and has asked the telecom regulator TRAI to make fresh recommendations on allotment of the licenses through auction within four months. In a second crucial verdict, the court refused to order an investigation into the role of Home Minister P Chidambaram in the telecom scam, asking a CBI trial court to decide on this instead within two weeks.

ICAI considers proposal to increase disclosure by listed cos

February 3, 2012 1139 Views 0 comment Print

Accounting authorities are considering a proposal that will ask listed companies to disclose the extent of their holdings in risky regions or in volatile financial instruments, on the grounds that stakeholders need to be informed about the impact of such exposures. The proposal, which will have to be prepared by the Institute of Chartered Accountants of India (ICAI), the nodal accounting body, may make it mandatory for companies to mention the disclosure either in the form of a summary or as an annexure to their financial statements and will also contain a prudent assessment of the challenges, said a person familiar with the development.

Govt. putting pressure on revenue officials to meet revenue targets

February 3, 2012 1538 Views 0 comment Print

Faced with a formidable task of collecting Rs 9.32 lakh crore taxes during the fiscal ending March 31, Finance Minister Pranab Mukherjee today said he is exerting pressure on revenue officials to improve realisation.

AAR – WaveField Inseis ASA – Date of filing of the return is relevant to consider applicability of proviso to section 245R(2)

February 3, 2012 805 Views 0 comment Print

In Re WaveField Inseis ASA (AAR) When this Authority took the view in Monte Harris and other cases that the date of the filing of the application before the Authority should be the crucial date for determining the question of the applicability of clause (i) of the proviso to section 245R(2) of the Act and not the date when the application comes up for hearing either under section 245R(2) or under section 245R(4) of the Act,

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