Smt. Veena Kumaravel v. Acit, Central Circle - 2 (1)

I.T. A.No.1936/Chny/2019

Smt. Veena Kumaravel appealed an order confirming the levy of capital gains tax on Rs. 6.5 crores received from M/s Groom India Saloon & Spa Pvt. Ltd. The Assessing Officer and CIT(A) treated this amount as capital receipt upon transfer of trademark 'Naturals'. The assessee argued it was only a license deposit, not a sale or transfer.

Jurisdiction
India
Court
Income Tax Appellate Tribunal - Chennai
Case Number
I.T. A.No.1936/Chny/2019
Decision Date
15 March 2023

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in trademark matters before Income Tax Appellate Tribunal - Chennai. Understanding the court's reasoning in Smt. Veena Kumaravel vs Acit, Central Circle - 2 (1) is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

trademarkC.O. (COMM.IPD-TM) 458/2022

M/S Gm Modular Pvt LtdvsSh. Gopal Shinghal & Anr

The Delhi High Court allowed M/S Gm Modular Pvt Ltd's petition seeking the cancellation of the registered trademark 'GMT' held by Sh. Gopal Shinghal. The court found that 'GMT' is deceptively similar to the Petitioner's established mark 'GM', which has been in continuous use since 1999 for electrical goods. Given the prior adoption and substantial goodwill of 'GM', the registration of 'GMT' was deemed contrary to Sections 9 and 11 of the Trademarks Act, leading to its removal from the register.

trademark

Arun Digamber VarangaonkarvsM/S. Kharpe Gruh Udyog And 2 Others

The plaintiff filed a suit alleging trademark and copyright infringement regarding his spices preparation under the mark 'GHARKUL' against the defendants. The court was asked by the defendants to revoke the ex parte leave granted to the plaintiff. After considering jurisdiction, the court found that the balance of convenience favored trying the case in Amravati, where both parties resided and manufactured goods.

trademarkCivil Appeal Nos. 4480-4481 of 2002

K. Narayanan And Anr.vsS. Murali

The Supreme Court dismissed the appeal, reaffirming that merely filing a trade mark application does not constitute a cause of action for a suit based on passing off. The judgment emphasized that an action for passing off requires established grounds demonstrating deception or injury to goodwill, which cannot be derived solely from a pending registration application filed by the alleged infringer. This ruling reinforces the legal requirement for concrete evidence of misrepresentation when seeking relief against passing off.

trademarkNot specified

International Standards Certification (South Asia) Pvt. Ltd.vsInternational Standards Certifications Pty. Ltd.

This appeal before the Bombay High Court addressed a dispute over the use of the phrase 'International Standards Certifications.' The core issue was whether the Indian entity, Appellant No. 1 (a joint venture), was passing off its services as those provided by Respondent No. 1, an Australian company. The court upheld the lower court's order restraining the appellants from using the specific name and logo, finding that the reputation acquired did not automatically transfer to the original rights holder.

trademarkCAL-214278

Brooke Bond India Ltd.vsGirnar Exports (and others trading as M/s. Girnar Exports)

The dispute concerned an opposition filed by Girnar Exports against the trademark 'RED LABEL' owned by Brooke Bond India Ltd. The core issue was whether the late filing of the opposition, necessitated by a perceived error in the re-advertisement of the mark, was within the statutory period.

Arctic Invent — IP Strategy

Facing a trademark dispute?

Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.

Talk to our TM team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar trademark matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call