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Asha Audio Co. and anr. Vs. Om Prakash Sonik
Kolkata
Sep-27-2013
Education
prayed for. The learned Judge passed the interim order on June 20, 2013. On June 21, 2012 the Copyright (Amendment) Act 2012 came into force by which Section 33 (3A).second proviso came into existence that would require all copyright societies … been raised against the society. In effect, it was rather an attempt to stall the measures that the Central Government had started taking against the society. LIS: In this backdrop, let us now decide on the present … respondent No.4 duly complied on May 8, 2013. By letter dated May 24, 2013 the Union of India alleged non-compliance of Rule 47 (3) that
Tag this Judgment! AI Brief & AskEngineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...
Supreme Court of India
Mar-02-2021
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 … Income Tax.” 10 8. In answering these questions, through a judgment dated 24.09.2009, the Division Bench of the High Court of Karnataka relied heavily upon
Tag this Judgment! AI Brief & AskNovex Communication Pvt. Ltd. Vs.lemon Tree Hotels Ltd. & Anr.
Delhi
Jan-11-2019
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 … 617 of the Companies Act, 1956 (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 which the provisions of section 41 … work, musical work or artistic work. In a cinematographic RFA No.18/2019 Page 24 of 33 work, all four works being literary work and/or dramatic work
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Super Cassettes Industries Ltd. and Another Vs. Union of India
Delhi
Aug-07-2015
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 … in the petitions is left open to be decided in appropriate proceedings. 24. The learned senior counsels appearing for the Interveners opposed the said prayer
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Chennai
Nov-07-2013
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 … dedicated bandwidth is nothing but assuring an uninterrupted 24x7 provision of services at an agreed speed and
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Karnataka Dharwad
Oct-07-2023
Land Acquisition
is an inherent attribute of the concept of eminent domain.154. The Constitution was again amended by the Seventeenth Amendment Act of 1964, by which the State extended the scope of Article 31-A and Schedule IX to protect certain … all the petitions arise out of a Notification issued in the year 2012 by the State Government under - 185 - NC:2023. KHC-D:12094-DB WA No.100266 … a competent legislature. The expression “property” in Article 300-A confined not to land alone, it includes intangibles like copyrights and other intellectual property and embraces every possible interest recognised by law.169. This Court in State of W.B. … merely a creation of “social convention” and “positive law” which reflects the centrality and uniqueness of this right. Property rights at times are compared to … NOT ORDERED) THIS CONTEMPT PETITION IS FILED UNDER SECTION11AND12OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE215OF … and others - Writ Petition No.20807/2001 (LB-RES) dated 24.02.2006 of High Court of Karnataka, Bangalore.16. Learned AAG
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Supreme Court of India
Oct-30-2018
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 … 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 … good. No individual has a right to utilise them at his choice 24 and pleasure and for purposes of his choice including profit… 201.1.(c) Broadcasting
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Chennai
Jun-26-2013
Land Acquisition
effect to the said circular.2. When service tax was levied on ".intellectual property services". with effect from 10.9.2004, copyright was specifically excluded from the definition of intellectual property rights. Normally, a producer of a movie sells the … 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), … ".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 … II of Schedule VII and Articles 14, 19(1)(g), 246 and 265 of the Constitution of India, in
Tag this Judgment! AI Brief & AskAgs Entertainment Private Limited Vs. Union of India
Chennai
Jun-26-2013
Land Acquisition
generated from ".temporary transfer or permitting the use or enjoyment". of, any copyright as defined in the Copyright Act, 1957(14 of 1957) except the rights … 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 … Finance Act, 2010 unconstitutional and ultra vires, Article 246 of the Constitution of India read with Entry
Tag this Judgment! AI Brief & AskUtv Software Communications Ltd. & Ors vs.thepiratebay.org and Ors
Delhi
Apr-10-2019
Intellectual Property
portion of CS (COMM) 724/2017 & Ors. Page 57 of 99 Statement of Objects and Reasons of the Copyright (Amendment) Act, 1994, is reproduced hereinbelow:-"for ―Effective copyright protection promotes and rewards human creativity and is, in modern society, an … or Emergence of the Rule of National Copyright Law" (working paper No.13, Transatlantic Technology Law Forum (TTLF), Stanford 2012), http://law.stanford.edu/wp-content/uploads/sites/default/files/publication/203758/doc/ slspublic/feiler_wp13.pdf.). Many ISPs and Internet backbone operators already use this process for security reasons (to fight malware) … address as does every destination on the Internet. Since ISPs act as central clearing houses for users‟ access to the Internet, they can modify their … an overly restrictive interpretation of Art.11 and Recital 24 of the Enforcement Directive. o Costs: Referring to … been provided to the plaintiffs via a cloud link in conformity with Section 65B of the Indian Evidence Act, 1872. The investigator in his affidavit
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