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Jan 11 2019

Novex Communication Pvt. Ltd. Vs.lemon Tree Hotels Ltd. & Anr.

Court : Delhi

Decided on : Jan-11-2019

Subject : Land Acquisition

to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement … works, namely:- (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) a sound recording; Section 13 13. Works in which copyright subsists.- (1) Subject to the provisions of this section and the other provisions … (1 of 1956);or (iii) a body corporate established by or under any Central, Provincial or State Act; (e) in the case of a work to

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Jun 26 2013

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

attention to the brief history of levy of tax on films and historical background of the Constitution 46th Amendment Act, 1982 inserting Clause (29A) to Article 366 of the Constitution to impose tax on the transfer of right … proposed to exempt the Industry from service tax on Copyrights relating to recording of Cinematograph films. The Finance Act, 2012 introduced Section 66B as the new Charging Section with effect from 1.7.2012 for the levy of service tax … Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001. 2.The Central Board of Excise and Customs, North Block, New Delhi-110 001. 3.The Commissioner … enjoyment". of, any copyright as defined in the Copyright Act, 1957(14 of 1957) except the rights covered under Section 13(1)(a) of the said Act.2. Introduction - Service Tax on Copyrights: When service tax was levied on 'Intellectual Property

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Jun 26 2013

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

No.148/17/2011-ST alone becomes otiose and in this context the impugned circular is liable to be quashed.46. The Finance Act, 2012 has completely revamped the service tax regime. Under the new service tax regime, as per Section 66D, all … its Managing Director, Surya Rajkumar. .. Petitioner vs. 1.The Chief Commissioner of Central Excise, Uthamar Gandhi Salai, Chennai-600 034. 2.The Under Secretary, (Tax Research Unit), … permitting the use or enjoyment of the copyright excepting rights covered under sub-clause (a) of clause (1) of Section 13.4. In Section 65, Clause (104c) of the Finance Act by the Finance Act, 2011, for the words operational … ".licensing of copyrights". was brought within the service tax net by making amendments to the definition of taxable service under Clause (105) of Section 65

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Oct 30 2018

Star India Private Limited Vs. Department of Industrial Policy and Pro ...

Court : Supreme Court of India

Decided on : Oct-30-2018

Subject : MRTP

to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement … of making, buying, packaging or marketing, including licensing and assignment, would directly 13 be covered by the Copyright Act and would, therefore, be outside the … as a result of which the TRAI Act was extended to broadcasting services which were undefined. By a Central Government notification dated 9.1.2004, the TRAI Act was expressly extended to broadcasting services, and certain functions were allocated … The scope of the amendments made in the year 2012 along with Section 37 was correctly dealt with. This Court is of the view that

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Mar 02 2021

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Decided on : Mar-02-2021

Subject : Direct Taxation

submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also not … the Income Tax Act, found that what was in fact transferred in the transaction between the parties was copyright which attracted the payment of royalty and thus, it was required that tax be deducted at source by … section 9(1)(vi). Further, he referred to Circular No.10/2002 dated 09.10.2002 by the Central Board of Direct Taxes [“CBDT”]. in which “remittance for royalties” and “remittance … the appellant(s) was not liable to deduct any tax at source?.”” (page498) 13 11. After setting out the facts in one of the appeals treated

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Jan 10 2014

institute for Inner Studies and ors. Vs. Charlotte Anderson and ors.

Court : Delhi

Decided on : Jan-10-2014

Subject : MRTP

original literary, dramatic and musical works and hence cannot be subject to copyright protection under the provisions of Section 13 of the Copyright Act. Even otherwise, Copyright Act does not provide any protection in relation to process or … peace and harmony, Pranic Healing and other alternative forms of alleviating human ailments and through subsequent Deed of Amendment dated 6th August, 2003 Yoga as well. The Master had created the defendant No.2 herein, inter alia, to … stage wanted to settle their respective disputes through mediation. CS(OS) No.2252/2011 February, 2012 with the consent of said parties, a Mediator was appointed who conducted … Healing, for the benefit of the public. The defendant No.2 is the central coordination body for all Pranic Healing activities in the entire Indian Sub-Continent.

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Dec 09 2016

The Chancellor, Masters & Scholars of University of Oxford & O ...

Court : Delhi

Decided on : Dec-09-2016

Subject : Education

to have been cognizant of India’s obligations under the International Covenants while in the year 2012 incorporating the amendments to the Indian Copyright Act, 1957, and had allowed reproduction ‗in the course of instruction‘ by teachers and … amounted to infringement of the plaintiffs’ copyright, was a question of law not warranting a trial.9. Referring to Section 13, Section 14, Section 16 and Section 51 of the Copyright Act, 1957, wherein right of the copyright holder … each year or course of study containing facts and ideas around a central subject. Referring to a passage from the treatise The History of the

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Feb 15 2017

Phonographic Performance Ltd vs.ht Media Ltd

Court : Delhi

Decided on : Feb-15-2017

Subject : Education

on account 3. of subsequent events, which are indicated hereunder.4. The Act was amended by virtue of the Copyright (Amendment) Act, 2012 and by virtue of Section 33(3A) of the Act, which came into effect on 20.06.2012, read with the … that it had made an application for such registration on 09.05.2013. However, no orders were passed by the Central Government in respect of its application and, consequently, the plaintiff’s registration as a Copyright Society lapsed. It is … by way of The Bombay High Court considered a similar application in 13. Phonographic Performance Ltd. v. India Ratio Ventures Pvt. Ltd. & Sony Music

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Aug 07 2015

Super Cassettes Industries Ltd. and Another Vs. Union of India

Court : Delhi

Decided on : Aug-07-2015

Subject : Education

2959/2013 are filed questioning the vires of the provisions of the Copyright Act, 1957, as amended by the Copyright (Amendment) Act, 2012, (Act No.27 of 2012), namely, Section 11, Section 31(1)(b) and Section 31D as well as Rules 3(2), 7, … the Copyright Act. By order dated 25.02.2015, the High Court of Calcutta passed an interim order directing the Central Government to give at least 10 daysnotice to the petitioners therein of the constitution of the Copyright Board … proceedings and to file written submissions which shall not exceed seven pages. 13. It is not in dispute that one M/s Eskay Video Pvt. Ltd.

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Nov 07 2013

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

Court : Chennai

Decided on : Nov-07-2013

Subject : Direct Taxation

Section 44BB; transfer of all or any rights including the granting of a licence in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection with television or tapes … of the Income Tax Act. He held that by reason of the amendment to Section 9(1) with effect from 01.04.1976, under Finance Act 2010, the … Faced with the decisions of the Authority for Advance Ruling, Explanations 4 and 5 were inserted under Finance Act, 2012, with effect from 01.06.1976. Under Explanation 5, the Legislature sought to clarify the definition of 'royalty' to include … evolved by enacting Section 90 of the Income Tax Act enabling the Central Government to enter into agreements with the Government of any country outside … for the assessment years 2002-03, 2003-04; order dated 13.1.2011 in I.T.A.No.1507/Mds/2010 on the file of the Income

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