T T Krishnamachari And Co v. Commissioner of GST and Central Excise

P170923425

M/s. T.T. Krishnamachari & Co appealed against demands for service tax on royalty charges collected by group companies for using their logo "TTK". The Department argued that the logo was used as a Trademark, attracting IPR Service tax. The Appellant contended that the logo was registered as an artistic work under Copyright Act and thus exempt from service tax.

Jurisdiction
India
Court
Custom, Excise & Service Tax Tribunal
Case Number
P170923425
Decision Date
19 March 2025

Detailed Summary

This matter relates to a Trademark dispute in T T Krishnamachari And Co v. Cst Ch - Ii (Case No: P170923425) before the Custom, Excise & Service Tax Tribunal decided on 2025-03-19.

M/s. T.T. Krishnamachari & Co appealed against demands for service tax on royalty charges collected by group companies for using their logo "TTK". The Department argued that the logo was used as a Trademark, attracting IPR Service tax. The Appellant contended that the logo was registered as an artistic work under Copyright Act and thus exempt from service tax.

The court issued its ruling in accordance with statutory intellectual property guidelines and applicable legal principles, directing procedural or substantive relief based on the record presented.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in trademark matters before Custom, Excise & Service Tax Tribunal. Understanding the court's reasoning in T T Krishnamachari And Co vs Commissioner of GST and Central Excise is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

trademark64181694

Dr Ashim Kumar BiswasvsA To Z Pharmaceuticals And Laboratory & Anr.

The Delhi High Court granted an interim injunction in favor of Dr. Ashim Kumar Biswas against A To Z Pharmaceuticals for trademark infringement and passing off. The court found that the defendant's product was an exact copy of the plaintiff's Ayurvedic medicine, using a deceptively similar mark ('DR. BISWASH') while also naming the plaintiff as the manufacturer. Given the clear prima facie case, balance of convenience, and risk of irreparable harm to the plaintiff's reputation, the court restrained the defendants from continuing the infringing activities until further hearing.

trademark71899273

Dabur India LimitedvsMarico Ltd.

The Delhi High Court addressed disputes regarding trade dress infringement concerning SAFFOLA products between Dabur and Marico. The court noted that while the defendant had previously represented changes to its packaging (including embossing), it failed to inform the court when certain product lines, like glass bottles or 100gm PET bottles, could not comply with those representations. Consequently, the court revived the plaintiff's interim injunction application for these specific products and imposed a significant cost on the defendant for non-disclosure.

trademark20216286

Designarch Consultants Pvt LtdvsJumeirah Beach Resort Llc

Designarch Consultants Pvt Ltd filed a suit against Jumeirah Beach Resort Llc, seeking permanent injunction and declarations that the defendant's legal threats regarding trademarks and architectural design were unjustifiable. The plaintiffs also claimed damages for alleged infringement. However, since the defendant had already initiated a counter-suit alleging trademark and copyright infringement, the court found the current claims infructuous. Consequently, the suit was disposed of without prejudice to the pending litigation.

trademark48619881

Calvin Klein Trademark Trust & Anr.vsM/S. R.J Enterprises & Ors.

In a trademark infringement suit brought by Calvin Klein Trademark Trust against M/S. R.J Enterprises, the Delhi High Court facilitated a potential settlement pathway. The court noted that Defendant No. 1 offered an undertaking to cease using the disputed marks if the Plaintiff waived their claim for damages. The Plaintiff agreed to this condition provided the Defendant paid INR 75,000/- towards local commission charges. This order sets the stage for further negotiation and resolution of the dispute.

trademark189041537

One Moto Scooters Trading LlcvsCentre Systems Group Internet Content Provider (CSG ICP)

The Delhi High Court issued interim orders in favor of One Moto Scooters Trading Llc, restraining Centre Systems Group Internet Content Provider from using the trademark 'ONE MOTO' or any deceptively similar mark. This protective order was granted to prevent imminent threat of unauthorized use, including manufacturing automotive products. Furthermore, the court directed that the domain name 'www.one-moto.in' remain blocked, maintaining the status quo until further proceedings.

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