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    Scope of Rule 16 of Central Excise Rules, 2002 regarding - Credit of duty on goods brought to the factory
    Proposed Suggestion for Budget 2009
    Whether Cenvat Credit should be allowed on Carbon Copies of Invoice / Bill where both the original and duplicate copies are lost?
    Trade Mark - Classification of goods and services
    Trade Marks Registry - LOCATION AND JURISDICTION
    Trade Mark - FAQ
    Design - FAQ
    Addresses and Names of the Contact Persons of the Intellectual Property Offices
    Patent - FAQ
    Activities relating to Road such as construction or maintenance / repair and applicability of service tax:
    Activity of deputing some officials and staff to another group company which were engaged in day-to-day activities - Whether constitute management con...
    Whether the Cenvat Credit of Service Tax Paid on GTA Service used for the transportation of material (i.e. iron, steel and cement) for the purpose of...
    Service Tax on Renting of Immovable Property - Central Government files and appeal before the Supreme Court against the Judgment and Order of Delhi Hi...
    New Changes for efiling of Income-tax Return for AY 2009-10
    India’s Foreign Trade – April, 2009
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    June 29, 2009
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    Credit on returned goods: procedural compliance required and reversal or duty payment depends on whether reprocessing amounts to manufacture.
    Rule 16 permits cenvat credit on duty paid goods returned to factory for re making, reconditioning or repair subject to Cenvat Credit Rules; where processes do not amount to manufacture credit must be reversed, while processes amounting to manufacture attract normal excise duty. Sub rule (3) allows the commissioner to specify conditions when difficulty arises. Penalty under Rule 25(1)(d) for contravention requires proof of intention to evade duty; absent mens rea, penal action is doubtful. Procedural compliance and evidence linking returned and re cleared goods are central to preventing clandestine removals.
    June 20, 2009
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    Simplified salary taxation proposed to tax total remuneration at reduced flat rates and reduce administrative burden.
    Proposes a streamlined regime for SALARY INCOME treating all employer payments, cash or in kind, as a single taxable remuneration taxed at special lower slab rates to remove perquisite valuation, exemptions and deductions, and reduce administrative burden. Recommends abolishing short/long term capital gains classification, granting indexation for assets held over two years with separate rates for nominal and indexed gains. Suggests taxing all income without statutory heads, applying special rates for salary and capital gains, and mandating PAN from birth as a single tax identifier.
    June 18, 2009
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    Cenvat credit on carbon copy invoices is restricted when the original invoice requirement under credit rules is not met.
    The Cenvat Credit Rules require production of the original invoice to substantiate a Modvat/Cenvat credit claim; a carbon copy is not treated as an equivalent original absent a factual finding that the supplier issues invoices on carbon copies. Allowing carbon copies generally would risk duplicate claims against a single transaction and undermine revenue safeguards, so verification of a carbon copy does not meet the statutory evidentiary threshold where the original is required.
    June 13, 2009
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    Trade mark classification clarifies class headings for goods and services and guides correct class selection in filings.
    The Fourth Schedule to the Trade Marks Rules, 2002 provides a systematic classification of goods into discrete class headings with exemplar items and a rule that parts are generally classified with the whole article unless the parts constitute articles in other classes; it separately enumerates services classes by function and sectoral examples and serves as the operative catalogue for identifying appropriate classes when specifying goods or services in trade mark filings.
    June 13, 2009
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    Trade marks registry jurisdiction assigns regional territorial coverage and contact points for filing and administration.
    Trade Marks Registry lists regional offices with contact details and assigns territorial jurisdiction to each office to determine the appropriate registry for trademark filings and administrative communications.
    June 13, 2009
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    Trade mark distinctiveness determines registration rights and exclusive use for goods or services after procedural filing.
    A trade mark is a visual sign used to distinguish goods or services; registration requires graphical representability, distinctiveness and use or proposed use to indicate a trade connection. Applicants claiming proprietorship must apply in prescribed form specifying the mark, goods/services and applicant particulars. The Registrar determines class under the International Classification. Registration grants exclusive use rights subject to register conditions and coexisting registrations; procedures exist for opposition, renewal, rectification, restoration and removal, and corrections that do not substantially alter the mark are permitted.
    June 13, 2009
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    Design registration secures exclusive rights in novel ornamental features and enables civil remedies for unauthorized use.
    Design registration under the Designs Act, 2000 secures exclusive copyright in the ornamental features of articles-shape, configuration, pattern, ornamentation or colour-when new or original, visible on the finished article, applicable by industrial process, and not a mere mechanical device, trademark, property mark, or excluded artistic work; registration lasts ten years (from priority if claimed) with a single five year extension, and infringement permits civil remedies in courts not below the District Judge.
    June 13, 2009
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    Intellectual property office contacts provide authoritative addresses and contact details for patent, design, trademark, and GI filings.
    Directory listing operational addresses, telephone, fax and email contact details for the Controller General and regional offices of the Patent Office, Designs Wing, Trade Marks Registry and Geographical Indications Registry, with a procedural note that design applications may be received at designated patent office locations.
    June 13, 2009
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    Patent protection is territorial: file locally to establish priority and preserve rights for corresponding foreign filings.
    Patent protection in India is territorial and requires separate national filings; Indian filing preserves foreign priority. Applications may be provisional or complete, with a provisional followed by a complete specification within the statutory period. Core Patentability criteria are novelty, inventive step, industrial applicability, and exclusion under statutory provisions. Procedures include publication after the secrecy period, optional early publication, request for examination, issuance of a First Examination Report and statutory compliance within the prescribed time or abandonment; pre-grant and post-grant opposition mechanisms and renewal/term rules are also provided.
    June 12, 2009
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    Service tax applicability on road works: maintenance and repair are taxable while specified construction activities remain non taxable under guidance.
    Service tax guidance distinguishes taxable maintenance or repair services from non taxable construction activities for road works. Maintenance and repair (including resurfacing, renovation, strengthening, relaying and filling of potholes) are treated as taxable, while laying new roads, widening existing roads and changing road surface type are identified as non taxable construction activities under the circular's clarification.
    June 10, 2009
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    Management consultancy classification: deputation of employees to group company not taxable as management consultancy under service tax rules.
    Deputation of personnel to an affiliated company where the sending company retains payroll responsibility and the deputed staff perform routine operational tasks (purchase, sale and similar activities) does not constitute management consultancy for service tax classification; the conclusion rests on the functional character of the services and consistency with precedent addressing similar deputation arrangements.
    June 10, 2009
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    Cenvat Credit on GTA services for transporting construction materials is allowable as input service related to factory setup.
    Cenvat Credit on service tax paid for Goods Transport Agency (GTA) service transporting materials like iron, steel and cement for civil work qualifies as an input service related to setting up the factory and is therefore allowable as credit under the relevant definition.
    June 3, 2009
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    Service tax on renting of immovable property: Special Leave Petition filed; notices issued and no interim stay.
    Central government filed a Special Leave Petition against the Delhi High Court judgment on service tax for renting of immovable property, including an application for exemption from filing the certified copy of the impugned judgment and a prayer for interim relief; notices were issued and no stay was granted.
    June 3, 2009
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    Digital certificate registration requirement enhanced for e filing, adding activation, secret question security, captcha and upload validation.
    E filing procedures now require digital certificate registration for certificate based uploads, with activation via emailed URL within ten days. Registration and recovery use captcha and optional secret question and answer; password strength indicators are added. XML upload returns consolidated error reports and offers CSV downloads for extensive errors, while successful uploads permit immediate download of ITR V/ITR Acknowledgement PDF. Utilities and schemas are available for all years and Know Your Jurisdiction is relocated to Services.
    June 1, 2009
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    Trade contraction: Exports and imports both declined markedly in April, reducing the merchandise trade deficit compared with prior year.
    April 2009 merchandise trade data show significant year over year declines in exports and imports, with imports falling more sharply and the monthly trade deficit narrowing compared with April 2008. Oil imports declined markedly more than non oil imports. Figures are given in US dollars and Indian rupees, with April 2009 data provisional and 2008-09 figures revised.

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