Home Blog Page 82

Royal Enfield’s ‘Guerrilla 450’ Trademark Sparks Speculation of an Upcoming Himalayan 450 Iteration

 In what promises to be a thrilling year-end endeavor, Royal Enfield is gearing up for a major revamp of its iconic Bullet model, while also teasing the imminent launch of the Himalayan 450. As anticipation builds around these developments, the motorcycle manufacturer has added a new dimension to the excitement by filing a trademark for the name ‘Guerrilla 450’.

As previously reported, Royal Enfield has ambitious plans for its 450cc platform, with a lineup of five distinct models poised to make their mark. The highly anticipated Himalayan 450 is set to lead the charge, marking the inception of this innovative liquid-cooled platform. Beyond the Himalayan, the company’s investor presentation showcases a diverse array of body styles, including a roadster, cafe racer, scrambler, and an adventure bike tailored for off-road enthusiasts.

While the specific model that will bear the moniker ‘Guerrilla 450’ remains shrouded in secrecy, the impending arrival of this new trademark adds an intriguing layer of curiosity to Royal Enfield’s upcoming ventures. As the company paves the way for these exciting releases, motorcycle enthusiasts and industry observers alike are undoubtedly keeping a keen eye on Royal Enfield’s journey toward the culmination of this eventful year.

When consulted with our IP lawyers ‘From a legal perspective, ensuring proper trademark registration involves adhering to specific processes and guidelines set forth by the authorities. In the realm of trademarks and intellectual property, foresight and proactive measures are key. Just as Royal Enfield is strategically planning its product launches and trademark filings, businesses can also benefit from professional guidance to navigate the complex landscape of trademark registration. 

Vakilsearch offers comprehensive trademark registration services, guiding businesses through the intricate process of protecting their intellectual property. Our team of experts by your side, can take confident steps towards safeguarding your brand and its unique identity in the market. After all, in a world where innovation thrives, protecting your intellectual property is more than a legal requirement; it’s a strategic advantage.

New Income Tax Slab Rates for Fy 2023-24 (Ay 2024-25) In India – Budget 2023

The fiscal landscape in India has been reshaped with the unveiling of the Budget 2023, ushering in a new era of income tax slab rates for the financial year 2023-24 (assessment year 2024-25). This pivotal announcement has brought about changes that impact taxpayers across the country, warranting a comprehensive understanding of the revised income tax structure. From alterations in exemption limits to modifications in tax rates, these adjustments set the stage for a fresh approach to taxation in India. Let’s delve into the intricacies of these newly introduced income tax slab rates and their implications for individuals and entities.

The basic exemption limit has been hiked to ₹3 lakh from ₹2.5 earlier under the new income tax regime. The amount of rebate under Section 87A has been enhanced under the new tax regime to taxable income of ₹7 lakh. The tax rebate was available for taxable income up to ₹5 in the new tax regime till FY 2022-23. Thus, individuals opting for the new income tax regime in FY 2023-24 and having an income up to ₹7 lakh will not pay any taxes. Standard deduction benefit has been introduced in a new tax regime for salaried and pensioners. (including family pensioners)

Income Tax Slabs in FY 2023-24 (AY 2023-24) for HUF and Individuals

As per the Budget 2023 announcement, new income tax slab rates FY 23-2024 for every individual is as below:

Annual Taxable IncomeNew Tax RegimeOld Tax Regime
Up to ₹2.5 lakhExemptExempt
Over ₹2.5 lakh to ₹3 lakhExempt5%
Over ₹3 lakh to ₹5 lakh5%5%
Over ₹5 lakh to ₹6 lakh5%20%
Over ₹6 lakh to ₹9 lakh10%20%
Over ₹9 lakh to ₹10 lakh15%20%
Over ₹10 lakh to ₹12 lakh15%30%
Over ₹12 lakh to ₹15 lakh20%30%
Above ₹15 lakh30%30%

Income Tax Slab for Super Senior Citizens in AY 2024-25 (FY 2023-24)

As per the Income Tax Act, 1961, taxpayers above 80 years of age are considered as super senior citizens and they get a higher exemption limit of ₹5 lakh under the old tax regime. This benefit is however not applicable to super senior citizens opting for the new tax regime slabs in FY 2023-24. Super senior citizens will be required to pay taxes as per the income tax slab FY 2023-24 & AY 2024-25 under the old tax regime and new tax regime as mentioned below:

Annual Taxable IncomeNew Tax RegimeOld Tax Regime
Up to ₹3 lakhExemptExempt
Over ₹3 lakh to ₹5 lakh5%Exempt
Over ₹5 lakh to ₹6 lakh5%20%
Over ₹9 lakh to ₹10 lakh15%20%
Over ₹6 lakh to ₹9 lakh10%20%
Over ₹10 lakh to ₹12 lakh15%30%
Over ₹12 lakh to ₹15 lakh20%30%
Above ₹15 lakh30%30%

Income Tax Slabs & Rates for Senior Citizens in AY 2024-25 (FY 2023-24)

Individuals who fall within the age bracket of 60 to below 80 years and contribute taxes are classified as Senior Citizens according to the Income Tax Act of 1961. They are entitled to a more generous exemption limit under the previous tax structure compared to taxpayers under 60 years of age. Unfortunately, this advantage is no longer applicable in the new tax structure for the assessment year 2024-25. Let’s juxtapose the income tax thresholds and rates for senior citizens under the traditional and new tax structures for the financial year 2023-24.

Annual Taxable IncomeNew Tax RegimeOld Tax Regime
Up to ₹3 lakhExemptExempt
Over ₹3 lakh to ₹5 lakh5%5%
Over ₹5 lakh to ₹6 lakh5%20%
Over ₹6 lakh to ₹9 lakh10%20%
Over ₹9 lakh to ₹10 lakh15%20%
Over ₹10 lakh to ₹12 lakh15%30%
Over ₹12 lakh to ₹15 lakh20%30%
Above ₹15 lakh30%30%

As evident, following the revision in the new tax structure outlined in the 2023 Budget, senior citizen taxpayers now have a basic exemption threshold of ₹3 lakh under both tax regimes. Nevertheless, senior citizens who choose the new tax regime brackets for the financial year 2023-24 can take advantage of reduced income tax slab rates for the year.  

Income Tax Slab for AOP, BOI & AJP in AY 2024-25

Taxpayers other than Individuals and HUF like Association of Persons (AOP), Body of Individuals (BOI) and Artificial Judicial Person (AJP) currently do not qualify for the new tax regime. As, a result, the income tax slabs and rates for these taxpayers in AY 2024-25 are the same as the old tax regime slabs for AY 2023-24 as shown below:

Net Taxable IncomeIncome Tax Rate FY 2023-24
Up to ₹2.5 lakhExempt
Over ₹2.5 lakh up to ₹5 lakh5% of income exceeding ₹2.5 lakh
Over ₹5 lakh up to ₹10 lakh₹12,500 + 20% of income exceeding ₹5 lakh
Over ₹10 lakh₹1,12,500 + 30% of income exceeding ₹10 lakh

Surcharge on Income Tax for FY 23-24

The Budget declaration of 2023 also encompassed a reduction solely within the new tax structure, pertaining to the surcharge on income tax, which plummeted from 37% in the assessment year 2023-24 to 25% in the assessment year 2024-25. Surcharge is imposed on the income tax sum when the taxpayer’s overall income surpasses a designated yearly income threshold. Below is a clear depiction of the surcharge percentages applicable to the traditional tax regime versus the new tax regime for the fiscal year 2023-24:

IncomeSurcharge Rate in Old tax regimeSurcharge Rate in New Tax regime
Less than ₹50 lakhNILNIL
₹50 lakh – ₹1 crore10%10%
₹1 crore – ₹2 crore15%15%
₹2 crore – ₹5 crore/span>25%25%
₹5 crore – ₹10 crore37%25%
More than ₹10 crore37%25%

Note: 25% and 37% surcharge on income tax is not levied from taxable income under Section 111A, 112A and 115AD of the Income Tax Act, 1961. In such cases, the surcharge on income tax is 15%. However, there is marginal relief available in certain cases on surcharge of income tax. You can always use an online income tax calculator from Vakilsearch for detailed calculation. 

Upon seeking advice from our tax experts, it is confirmed that you currently have the flexibility to opt for either the revised new tax regime or the previous tax regime for the assessment year 2024-25, according to your preference. It’s worth noting that the income tax slabs and rates remain consistent for all taxpayers under the new tax regime. Differing from the old tax structure, the new regime applies uniform tax rates for HUFs, individuals below 60 years of age, senior citizens (aged 60 to 80 years), and super senior citizens (aged above 80 years).

Furthermore, it’s important to be aware that the health and education cess on income tax for the fiscal year 2023-24 remains unchanged, maintaining a rate of 4%, similar to the previous fiscal year. If you have any further queries or require detailed guidance tailored to your specific situation, our experts are readily available to provide assistance.

Important Update for Coimbatore Building Owners

1. Coimbatore City Municipal Corporation’s New Initiative: Drone-based GIS Mapping

The Coimbatore City Municipal Corporation (CCMC) is stepping up its game by initiating GIS mapping for properties that are either unassessed or under-assessed. Covering 20 key wards throughout the city, the CCMC is employing drones for this ambitious project. Normally, when anyone plans to build a property in Coimbatore, they need approval from CCMC. This involves sharing building plans and necessary documents for the intended site with the CCMC zonal office. Only after a thorough review do the zonal officials grant the green light for construction.

CCMC Crackdown on Building Violations Reveals Surprising Results

In a recent move, the CCMC Commissioner, M Prathap, prompted officials to delve deep into cases where buildings might not adhere to approved blueprints. The outcome of this investigation was enlightening. Initial surveys took place at Gandhipuram’s Crosscut Road in Ward 68. Out of 3,200 properties under scrutiny, an alarming 70 showcased deviations exceeding 60%. 

Moreover, around 100 buildings deviated from the approved plans by more than 20%. Prathap highlighted that many swapped their intended residential use for commercial pursuits. In light of these discrepancies, strict actions are underway. Buildings in question will only receive approvals post adjustment of their taxes, based on the updated evaluations.

Future Plans: Drones to Keep a Hawk’s Eye on Construction Violations

Prathap revealed that the CCMC is gearing up for bigger projects. They plan to extend the GIS mapping surveys to around 20 more wards using drones. These drones will be key in checking if tall buildings meet the allowed heights.

This tech will help confirm if buildings match their approved designs. If not, they’ll take the necessary steps to correct it. Prathap also shared some good news: Last year, they added 7,036 property tax assessments, with 536 just in July. By identifying and updating taxes for under-assessed properties, CCMC hopes to increase its earnings.

US Concerns over India’s Computer Import Restrictions

An Important Update for Electronic Device Users!

The US has raised concerns about India’s new rules on importing electronic devices like computers and laptops. This topic was discussed during a meeting between US trade representative Katherine Tai and India’s commerce and industry minister, Piyush Goyal. Both countries are now looking for a solution that benefits them both.

The discussion between Tai and Goyal wasn’t just a formal exchange. It underscores the importance both nations attach to their trade relationship. The primary goal for both sides is to seek a middle ground — a solution where the interests of both the US exporters and Indian policymakers are balanced and mutually beneficial. The coming weeks or months might witness further negotiations, as both nations work collaboratively to ensure that trade ties remain robust while addressing individual concerns.

India’s Justification: National Security and Domestic Manufacturing

India has recently set new rules for importing electronic devices starting from November 1. To import these products, companies will need a license. India says this is for national security reasons, to make sure products come from trusted sources, and to support local manufacturing.

A History of Trade Disputes: The Poultry Case

India and the US have had trade disagreements before. For example, India once restricted poultry imports from the US. The World Trade Organisation (WTO) didn’t support India’s decision. Even so, India didn’t follow the WTO’s ruling, which led the US to ask for money in return. This shows the challenges in their trade relationship and the need for solutions.

Adani Group in the Spotlight After SEBI’s Probe Update

What You Must Know!

Shares of Adani group companies, including Adani Enterprises Ltd, Adani Power Ltd, Adani Green Energy Ltd, Adani Wilmar, and Adani Energy Solutions Ltd, are expected to be the highlight on Monday morning following a statement from the market regulator SEBI. SEBI confirmed that its investigations into all but two allegations against the Adani group have been completed. However, the regulator told the Supreme Court (SC) that it is still waiting for data from five tax havens to determine the true owners behind foreign investors investing in the conglomerate.

  • SEBI initiated investigations following accusations from Hindenburg Research against the Adani Group.
  • The accusations were made earlier in January.
  • Adani Group was accused of:
  1. Stock manipulation
  2. Fraudulent transactions
  3. Other financial misdeeds

Hindenburg Research alleged that the Adani Group:

  1. Used offshore companies in tax havens
  2. Manipulated share prices through these companies
  3. Manipulated financial outcomes using these offshore entities
  • The report indicated potential non-compliance concerning, Disclosure laws and  Shareholding laws. 
  • The Adani Group has denied all these allegations.

2. Adani’s Response to Allegations and SC’s Involvement

Responding to the allegations from the Hindenburg Research, the SC had tasked SEBI with investigating the claims and presenting its findings to a six-member panel, which includes a retired judge and seasoned bankers.

Gautam Adani, the founder of the group, commented on the report calling it a mixture of targeted misinformation and discredited allegations, with most of them dating back from 2004 to 2015. During Adani Enterprises Ltd’s annual general meeting, Gautam Adani clarified that these allegations had already been addressed by relevant authorities in the past. He emphasised that the Hindenburg report was a calculated and malign attempt to tarnish the Adani group’s reputation, aiming to profit in the short term by depressing Adani group stock prices.

3. SEBI’s Investigative Measures and Current Status

Securities and Exchange Board of India (SEBI), without revealing the results of its investigations, provided a thorough breakdown of its investigative actions, which includes examining related party transactions. The regulator’s investigation spanned some offshore deals involving 12 foreign portfolio investors who are public shareholders of Adani Group companies. SEBI has requested information from five nations concerning these FPIs.

However, since some of the entities associated with these investors are based in tax haven jurisdictions, SEBI noted a challenge in establishing the economic interest of shareholders of the 12 FPIs. An interim report concerning the trading of Adani group stocks before and after the release of the Hindenburg report has been approved, with information from other agencies actively being pursued.

Also Read:

SECURITIES & EXCHANGE BOARD OF INDIA ( SEBI ) vs. STATE ( NCT OF DELHI )

Alternative Methods to Curb Trademark Squatting Amid Post-registration Opposition Abolition

0

The Taiwan Intellectual Property Office (TIPO) is making significant changes to the Trademark Act, aiming to strengthen trademark protection and combat trademark squatting. While the proposed amendment streamlines the opposition and invalidation processes, there are alternative methods being introduced to curb trademark squatting more effectively.

Evolution of the Trademark Act

The draft amendment, already approved by the Executive Yuan, is now awaiting deliberation in Taiwan’s Congress. Once enacted, it will consolidate opposition and invalidation into a single procedure, abolishing the opposition system. However, this change will not leave businesses defenseless against trademark squatters.

New Strategies to Counter Trademark Squatting

In the face of these changes, other strategies will emerge to combat trademark squatting:

Expanded Grounds for Invalidation: The relaxed criteria for filing an invalidation action will empower any party to initiate one based on absolute non-registrable grounds outlined in the Trademark Act. This expanded scope enhances the tools available for preventing improper trademark registrations.

Trademark Trial and Appeal Board (TTAB): To ensure a thorough review, a TTAB within TIPO will be established. This board will engage in in-depth examination through an adversarial process and oral hearings, facilitating more comprehensive assessment of cases.

Enhanced Adversary System: Under the new framework, the opposition party, not TIPO, will be named as the defendant in appeals against TTAB decisions. This change streamlines the appellate process, ensuring greater efficiency and transparency.

Modifications to Invalidation Process

The adjustments to the invalidation process promise efficiency and clarity:

  • Defined Timelines: With the involvement of TTAB, it is anticipated that invalidation actions could proceed within a more structured timeline, reducing uncertainty.
  • Reduced Appeals Complexity: The removal of the Petitions and Appeals Committee from the process suggests a potential decrease in the time and financial resources spent on invalidation proceedings.

Interaction with Infringement Lawsuits

The IP and Commercial Court, the hub for resolving IP disputes, plays a pivotal role. If a trademark infringement suit is pending, TIPO can pause an opposition/invalidation action, enhancing the synergy between administrative and judicial processes.

GST Return Filing: Interplay of GSTR-1, GSTR-3B, GSTR-2B and Tax Payment

Filing GST returns is a crucial aspect of tax compliance for every GST-registered entity in India. Regardless of business activity, sales, or profitability, every organization with valid GST registration is required to file GST returns, ensuring accurate reporting of income, sales, expenses, and purchases. This filing aids tax authorities in calculating the net tax liability, making it a vital process.

GSTR-1 Filing and Its Implications

One critical facet of GST return filing is the interplay between different returns and the consequences they bring. For instance, GSTR-1 filing can be hindered in certain situations, leading to various outcomes.

Non-Filing of GSTR-1 or GSTR-3B: Unraveling the Scenarios

Situation 1: Non-Filing of GSTR-1

If a supplier fails to file GSTR-1, they are subsequently prohibited from filing GSTR-3B for the relevant tax period, as per Section 39(10). This, in turn, restricts the recipient from availing Input Tax Credit (ITC) against the invoices issued by the supplier, as indicated in Section 16(2)(aa).

Situation 2: Partial Filing of GSTR-3B

In cases where the supplier has filed GSTR-1 but has not filed GSTR-3B, the recipient can provisionally avail ITC, provided the supplier files GSTR-3B. If the supplier fails to file GSTR-3B by the 30th day of September following the financial year’s end, the recipient must reverse the ITC by the 30th day of November with applicable interest. However, once the supplier submits GSTR-3B, the recipient can re-avail the ITC, aligning with Section 16(2)(C) and Rule 37A.

Ramifications for Suppliers in Both Situations

Beyond intricate interactions, there are wider repercussions. Late fees, interest (Section 47 and 50), limited filing timeframe (Section 37(5) and Section 39(10)), e-way bill dependence (Rule 138E), and possible GST number cancellation (Rule 21) underscore the seriousness of non-compliance.

Navigating the Complexities

The interplay of GSTR-1, GSTR-3B, GSTR-2B, and tax payment presents a web of complexities for businesses to understand and adhere to. To ensure seamless tax compliance and maximize the benefits of the GST system, organizations must comprehend these nuances and take necessary actions to meet their filing obligations while safeguarding their financial interests.

No Fundamental Right to Bear Arms: Madras HC

In a recent ruling, the Madras Bench of the Madras High Court has made it clear that there is no fundamental right in India to possess firearms. The judgement came as a response to a petition filed by a businessman from Tirunelveli in 2015, who was seeking a gun license after his application had been rejected.

Background of the Case

Ahamed Mohideen, the petitioner, had sought a gun license under the pretext that he frequently carried substantial amounts of cash for business purposes and believed he needed a firearm for self-protection. He believed that owning a gun would enhance his safety while dealing with large sums of money.

Absence of a Fundamental Right

Justice GR Swaminathan, delivering the verdict, emphasised that India does not recognise a fundamental right to bear arms, unlike the United States. The judge underscored that obtaining a gun license is not a matter of right; it cannot be granted solely on request. The judiciary can only consider issuing a gun license if it is established that the petitioner’s life is under a credible and severe threat.

Importance of Threat Assessment

The judge highlighted that the key factor in deciding the issuance of a gun license is the level of threat an individual faces. In this case, the court determined that the petitioner’s life was not in grave danger, and the sole basis for his application was his involvement in cash transactions.

Verdict and Implications

The Madras High Court’s ruling emphasises that the right to possess firearms is subject to stringent conditions and threat evaluation. The verdict sends a clear message that the mere possession of large amounts of cash does not automatically qualify an individual for a gun license. Instead, the authorities must perceive a significant and legitimate threat to the applicant’s life to consider granting such a license.

This judgement underscores the nuanced approach India takes towards the ownership of firearms and its prioritisation of public safety. It also highlights the need for individuals seeking gun licenses to establish a credible basis for their application, rooted in genuine security concerns.

How Does a Blockchain Work?

Introduction

Have you ever come across the term ‘blockchain’? It’s like a super-secure digital record book that does a remarkable job of tracking transactions and important information. Imagine a chain formed by blocks, where each block possesses a unique code that securely stores data and links to the previous one.

Global Network of Security

This magical chain isn’t confined to a single location – it’s duplicated across countless computers worldwide. These computers collaborate to decide what gets added to the chain, creating a strong barrier against any attempts to cheat the system.

Beyond Digital Money

Blockchain wasn’t just designed for digital currencies like Bitcoin. It has a wider potential. It can accelerate payments, slash fees, guarantee the authenticity of products in supply chains, safeguard digital identities, and ensure fair compensation for artists.

The Inner Workings

Curious about how it operates? Imagine sending digital money. Your message enters a waiting area, and clever computers race to solve a puzzle. The first to crack it gets to include your message in the chain. This process is what keeps the entire blockchain secure.

A Secure Race for Accuracy

Picture a rapid, secure race to maintain accuracy. Once your message finds its place in a block, a few more blocks confirm it. This double-checking process ensures everything is correct and in order.

Common Goal of Trust and Fairness

Different blockchains might have different rules, but they share a common objective: honesty, safety, and fairness.

Reshaping Digital Trust

Blockchain is making waves in reshaping how we establish trust and connections in our digital world. It’s altering the landscape of transactions, data sharing, and security for the better.

Blockchain emerges as a powerful force, reshaping digital trust and connectivity. From secure transactions to fair compensation, it’s revolutionising the way we share, verify, and protect information. Its potential extends far beyond its beginnings, promising a safer and more connected future.

Revamping the Game: Tax Amendments Target Online Money Gaming

In a significant legislative move, the Lok Sabha has given its approval to the Central Goods and Services Tax (Amendment) Bill, 2023, along with The Integrated Goods and Services Tax (Amendment) Bill, 2023. These bills have garnered widespread attention for proposing a 28% Goods and Services Tax (GST) on online games involving real money, horse racing betting, and casino activities.

The primary objective of these amendments is to address the concerns voiced by the domestic online gaming industry. Stakeholders have expressed apprehensions that the proposed alterations related to online money gaming could potentially lead to a migration of such activities to platforms outside of India. By doing so, the amendments aim to create an equitable playing field for domestic online money gaming providers. It is important to highlight that these amendments will not impact the taxation of casual online gaming endeavors that do not involve real money, betting, or wagers.

The envisaged amendments are set to come into effect starting 1 October 2023, marking a new phase in the regulation of the online gaming landscape.

Key Elements of the Proposed Amendment

 Distinction Between Online Gaming and Online Money Gaming: The Central Goods and Services Tax (Amendment) Bill, 2023, introduces a clear demarcation between online gaming and online money gaming. Specifically, online money gaming pertains to an online gaming activity wherein participants make monetary payments or deposits, anticipating winnings from a game or event.

Taxation of Online Money Gaming: The proposed amendments establish a taxation framework for online money gaming, wherein the activity is subject to taxation based on the complete amount paid, payable, or deposited with the supplier by or on behalf of the participant. This taxation mechanism is applicable regardless of whether the game hinges on skill, chance, or a blend of both elements.

Expansion of Scope: Furthermore, the amendment broadens its scope to encompass actionable claims linked to casinos, horse racing, and online gaming, all falling within the ambit of GST. The valuation process for the supply of online gaming and actionable claims associated with casinos is grounded in the player’s payment or deposit made to the supplier.

Inclusion of Digital Platforms: For the sake of clarity, the proposed amendments encompass individuals or entities engaged in operating and managing digital or electronic platforms that supply specific actionable claims. These entities are considered responsible suppliers and are consequently liable to fulfill GST obligations.

The amendments also address the intricate matter of importing intangible goods, such as actionable claims linked to online money gaming, which do not physically cross customs frontiers. This entails granting the government the authority to notify goods for the purpose of levying and collecting IGST (Integrated GST) in such import scenarios.

Officials underscored that the decision-making process involving these amendments spanned nearly three years and took into thorough consideration the potential adverse impact of online money gaming on society, particularly in terms of Internet Gaming Disorder driven by excessive online gaming addiction.

A key aspect of these amendments is the mandatory registration requirement for entities engaged in providing online money gaming services from overseas locations. When enquired with our GST experts they further added that “The proposed changes also introduce streamlined GST registration procedures for such overseas suppliers while concurrently granting authorities the authority to block websites or platforms operated by non-compliant suppliers’. Being adept in GST registration our team assures that GST registration can be done easily through a streamlined online 7 day process. 

With the passage of these bills, India’s regulatory framework for online gaming is poised to experience a transformative shift, influencing the landscape of online money gaming and associated taxation practices.