Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 section 49 registration as registered user Court: income tax appellate tribunal itat mumbai Page 1 of about 7 results (0.095 seconds)

P.N. Writer and Co. Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... (a) whether an assessee who is resident in india becomes eligible for deduction under section 80-o of the income tax act only if the trademark owned by the assessee, which is claimed to have been used outside india, should be registered under the relevant indian laws, that is the trade marks act, 1999 or its predecessor the trade and merchandise act, 1958? ..... one keeps in mind that the trademark law in all countries currently envisages the registration of trademarks in respect of services also.in respect of a trademark in respect of services, the refusal to grant exemption to earnings from such services, be they technical or professional or otherwise, will result in an unjustified denial of the benefit of section 80-o altogether in such cases and render the inclusion of the registered trademarks in the first class of receipts totally otiose in respect of his category ..... of intellectual property rights in 1998; (c) similarly, the assessee-company is also entitled to exercise those rights in respect of the trademarks of the international trade association in its capacity as a permitted user of those trademarks, which right is vested in the assessee-company by the bye-laws of the trade associations; (d) there is no inherent antithesis between earnings from technical or professional services and earnings from the use of the trademark, particularly if one keeps ..... registration of the registered trademark in india by the learned commissioner (appeals), is associated with user of registered .....

Dy. Cit Vs. Sarabhai Piramal

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... dictionaries, the hon'ble apex court has finally held that the other clause of patent or proprietary medicines to which this tariff items apply are those medicines, which have brand name or registered trademark under the trade and merchandise marks act and carry such market symbol or monogram as to establish relation between medicine and producers and manufacturers, i.e. ..... 2,42,85,714 under section 35a of the income tax act, 1961, on the ground that the terms 'trademarks' and 'patents' are synonymous, without appreciating the fact that expenditure incurred on acquisition of trademarks/registered users license is not covered by the provisions of section 35a of the income tax act, 1961; and (4) directing the assessing officer to allow the claim of deduction on account of interest ..... in paper book iii, agreement for manufacture and sale of goods dated 1-5-1998 appearing at pages 2 to 18 of paper book ii, applications to registrar of trademarks for recording of assignments of trademark dated 16-11-1999/17-11-1999 appearing at pages 138 to 172 of paper book ii and reference to indian pharmaceutical guides of 1997 and 1999 showing that trademark which was earlier in the name of ase were subsequently transferred in the name of jvc appearing at pages 173 to 180 of paper book ii. ..... it was further contended that jvc has also obtained various registration including sales tax and drug licence for commencement of its business, (copies of which are placed at pages 23 to 127 of the paper .....

Tata Chemicals Limited Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)67ITD56(Mum.)

..... of the trade marks act, the word was not so used, and therefore, may be construed widely to cover the act of pleading also ..... 80 of the trade marks act on the ground that in the cpc the word "act" was used in a technical sense, whereas in ..... 80 of the trade marks act, which is not in pari materia with ..... in the original side of the calcutta and bombay high courts alone, where the cleavage between the original and appellate jurisdictions continued to be marked due, as we have seen, to historical reasons, the functions of pleading and acting, which a legal practitioner normally combines in his own person were bifurcated and assigned, following 'the usage and the peculiar constitution of the english bar' (per lord watson in the case cited below), ..... 2(b) of supreme court rules, etc.he pointed out that whereas in the first part of the definition in r.2(ii)(b) of itat rules the words "appear, plead and act" are mentioned, in the later part only the word "acting" appears, which is a grammatical variation of the word "act" which should be construed to have been used in the same technical sense in which it was used in conjunction with the words "appear" and "plead" in the first part and should, ..... state of madras (1969) 1 mlb 207 hon'ble justice natesan held that a non-advocate, who held a power of attorney can be permitted to appear or act, but he cannot be permitted to plead the cause before the court of law, because pleading is an aspect which falls in the realm of practising the profession .....

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)1SOT243(Mum.)

..... defined under the trade marks act of 1999. ..... market as his, and thus enable him to secure such profits as result from a reputation for superior skill, industry, or enterprise.in the light of the above explanations on the subject of goodwill as well as trade mark, the learned cit submitted that trademark is in fact the reflection of the goodwill and there cannot be two different aspects such as goodwill and trademark in contradistinction.the learned cit contended that as trademark is also very ..... act of 2001 amended section 55(2)(a) of the income tax act to include trade mark and ..... as on the basis of the income tax act trade marks were not to be included in the year under consideration under section 55(2)(a) of the income tax act, the question of taxing the same underthe head ..... the assessee further submitted before the assessing officer that even after the amendment brought in section 55(2) of the act, by which the goodwill, tenancy rights, stage carriage permits and loom hours have been brought under the ambit of taxation, the sale of trademarks would still be outside the purview ..... to go beyond the written expression contained in the provisions of law.we have found in the above discussion that goodwill is an established custom or popularity of a business whereas trademark is a device, word or companion of words secured by legal registration or established by use, which is used to distinguish the goods of/or represent a particular manufacture or trader. ..... registered under the trademark act .....

Vyomit Shares, Stocks and Vs. the D.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106ITD408(Mum.)

..... partly, by the assessee and used for the purposes of the business or profession, the following deductions shall, subject to the provisions of section 34, be allowed- it may be mentioned that with effect from ay 1999-2000, the scope and ambit of section 32 has been enlarged as per the amended sub-section (1) of section 32, which is as under: (ii) know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1^st day of ..... (supra), the tribunal has held that the membership card of the stock exchange is an asset within the meaning of section (2)(e) of the wealth tax act.from the perusal of the aforesaid judgments, it has been made emphatically clear that the bse card is a capital asset through which right to trade on the floor of the stock exchange is acquired by the assessee. ..... assessee is a member of the bombay stock exchange (bse) and the simple question involved in this appeal is as to whether the assessee is entitled to depreciation allowance under section 32 of the it act on the cost of the bse membership card acquired by the assessee. ..... counsel for the assessee has invited our attention to the provisions of section 32 of the it act with the submission that the depreciation is allowable on know-how, patent copy rights, trade marks license, franchise or any other business or commercial rights of similar nature, being intangible assets acquired on or after 1^st april, .....

Cadell Weaving Mill Co. Pvt. Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... he does not possess any interest where is the question of any transfer of such interest and where is the question of such transfer being a transfer of a capital asset under section 45 of the income-tax act thus, to our minds, the pivotal argument advanced by learned counsel for the assessee that the surrender of statutory tenancy amounts to surrender of tenancy right and the tenancy right ..... 53a of the transfer of property act, 1882 (4 of 1882) ; or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co- ..... section 2(47) of the income-tax act defines "transfer" in relation to a capital asset and it is as follows : in this act, unless the context otherwise requires,--(47) 'transfer', in relation to a capital asset, includes ;-- (iv) in a case where the asset is converted by the owner thereof into, or is treated by him as, stock-in-trade of a business carried on by him, such conversion or treatment ; or (v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section .....

Bharatkumar Sakhsaria Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD512(Mum.)

..... therefore, this case is also ,not relevant because the same pertains to the period prior to amendment when the cit(a) was having discretion under the provisions of the proviso to section 249(4) for the admission of the appeal even if the taxes were not paid on the returned income if he was satisfied that the assessee had good and sufficient reasons for not making the payments of ..... thus, the learned cit(a) held that the appeal filed by the assessee was not maintainable under the provisions of section 249(4) of the act and thus, the same becomes infructuous.the cit(a), thus, dismissed the appeal filed by the assessee.4. ..... therefore, in order to get his appeal admitted by the first appellate authority, the assessee must comply with the mandatory requirements of the provisions of section 249(4)(a), wherever these have application as to the payment of tax due on the returned income before the expiry of the period of limitation of filing the appeal. ..... 1st april, 1989, there was a discretion with the cit(a) to exempt the assessee from the operations of provisions of clause (a) of sub-section (4) of section 249 if the assessee produced before the cit(a) an evidence that he was prevented by some good and sufficient reasons for not making the payment on the returned income before filing the appeal. ..... ganeshlal (1999) 8 scc 532 where it is laid down that "there is no gain saying that the law of limitation may harshly affect a particular party. ..... , 1999. .....

Vasant J. Sheth Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1983)4ITD453(Mum.)

..... whereof the trustees do hereby admit) to be held by them upon the trusts, powers and provisions hereinafter declared and contained concerning the same and whereas the trustees have at the request of the settlors agreed to act as the trustees of these presents as is testified by their joining in and executing these presents now this indenture, withnesseth and it is hereby agreed and declared as follows: (a) upon trust, in the first instance to collect the dividends, ..... that period, however, is long ; the person who would be alive and benefited uncertain ; and since the assessability under section 64 refers to the income of the amounts transferred without consideration that would apply to the income of these shares received by the wife or any newly born minor children of the assessee at that time-also a matter of ..... on the above basis the tribunal negatived the application of section 64(2) of the income-tax act, 1961 ('the act'), as claimed by the assessee with regard to the income of the individual properties stated to be thrown into the common ..... other words, sub-clause (b) relating to the current application of the income of the trust cannot be said to attract the provisions of section 64 in so far as it does not enure to the benefit of the wife or minor child of the assessee. ..... even if it is regarded as having been spent on the wife or minor child of the assessee, section 64 applies to the amount transferred directly or indirectly by the parents of spouse and not the income therefrom .....

Mukand Global Finance Ltd. Vs. Dcit - Range 3(2)

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... a loss in as much as sale consideration is less than the written down value of the asset in question, in such a situation where loss is incurred on sale of block of assets of the assessee section 50 has no application and the asscssee's case falls within the provision of section 32(1)(iii) of the act and the loss is to be computed as per sub-clause (iii) and deduction of the same be allowed to the assessee from the business profit provided such deficiency is actually written ..... compensation moneys payable in respect thereof; (b) where the building, machinery, plant or furniture is sold, the price for which it is sold, so, however, that where the actual cost of a motor car is, in accordance with the proviso to clause (1) of section 43, taken to be twenty five thousand rupees, the moneys payable in respect of such motor car shall be taken to be a sum which bears to the amount for which the motor car is sold or, as the case may be, the amount ..... the dividend income earned on its shares which are kept in stock in trade is also exempted from tax but the interest paid on the borrowed funds invested in trading of shares cannot be disallowed because it was borrowed for the purpose of business and is an allowable expenditure under section 36(1)(iii) of the act. ..... for 1996-97 to 1999-2000 the tribunal has examined identical issue and restored the matter to the file of the assessing officer with the direction that the interest income accrued to the assessee may be brought to tax in place .....

Shanudeep Ltd. Vs. Deputy Commissioner of Gift-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1994)49ITD69(Mum.)

..... the only issue argued before us relates to the applicability of section 4 of the gift-tax act in relation to the sale of two flats by the assessee-company. ..... in view of the above, the assessing officer applied the provisions of section 4 of the gift-tax act, 1958 and levied gift tax on the two flats. ..... the word 'lease' is defined under section 105 of the transfer of property act, 1882 as under: 105. ..... in our opinion, the case of the assessee clearly falls within the ken of section 4 of the gift-tax act. ..... it is to be seen for invoking the provisions of section 4 that whether there is any attempt at evasion of tax or whether the relevant transaction was bona fide. ..... the words "adequate consideration" as used in section 4 cannot be construed with precision but it must be construed in relation to the facts and figures of each particular case. ..... it was contended that the case of assessee clearly fell within the matrix of section 4 of the gift-tax act. ..... it was vehemently contended that the case of assessee falls beyond the sweep of section 4 of the gift-tax act. ..... the intent and purpose of this section is to discourage the tax avoidance. ..... if the assessee proves the bona jide of the transaction, there is no reason to invoke section 4. ..... 701 in terms of the agreement dated 31-1-1985 and entitled to protection from eviction under the provisions of the bombay rents, hotels and lodging houses rates control act, 1947; 8. .....