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Archive: April, 2022

Posts in April, 2022

Depreciation on non compete fee not allowable: ITAT Delhi

April 10, 2022 1170 Views 0 comment Print

Sagar Ratna Restaurants Pvt. Ltd. Vs ACIT (ITAT Delhi) It is evident, by virtue of an agreement entered in June 2011, assessee acquired a restaurant in the name and style of Sagar Ratna. As per the terms of the agreement, the transferor had transferred all its rights, copyrights, trademarks etc. in respect of the restaurant […]

HC issues guidelines to curb the practice of fraud on the Court

April 10, 2022 1821 Views 0 comment Print

Nanjappa Vs State By Chikkajala Police Station (Karnataka High Court) (ii) The following guidelines are given to the registry and also to the District Courts all over the State to evolve mechanism with modern technology to curb the practice of fraud on the Court and verify every application for being filed for regular or anticipatory […]

Jurisdiction of AO not changes on mere surrendering of Section 12A registration (Young Indian Case)

April 10, 2022 2115 Views 0 comment Print

Merely because the assessee had filed a letter on 21.03.2016 surrendering its registration u/s 12A or giving its benefit of section 11, does not mean that from the date of the letter, the jurisdiction of the AO automatically got changed.

PAN & Aadhaar – FAQs related to Income Tax

April 10, 2022 1872 Views 0 comment Print

Q. 1 I have Enroled for Aadhaar number but I am yet to receive the Aadhaar number, Can I still file my Income tax return? Ans. Yes, you can quote the EID number mentioned on Acknowledgement/ EID slip provided by the enrolment centre at the time of enrolment while filing the Income Tax return. Q.2 […]

Panama Papers: Addition merely based on FT&TR Division information not sustainable

April 10, 2022 2139 Views 0 comment Print

DCIT Vs Satya Prakash Gupta (ITAT Delhi) We have heard the rival submissions, perused the relevant findings given in the impugned orders as well as material referred to before us during the course of hearing. We have already discussed the facts and material herein above, however in a succinct manner the facts and issues relevant for […]

File Notings by Judges in Administrative Meetings out of purview of RTI Act

April 10, 2022 1578 Views 0 comment Print

Satara District Bar Association Satara Vs State of Maharashtra (Bombay High Court) There is certainly an element of confidentiality in the notings by Judges of any Committee of this Court. There is also very good reason why such notings should not in fact ever be disclosed or allowed to be disclosed. Whether or not this […]

HC restrains use of mark ‘SattaDream11’ for Similarity with trademark Dream 11

April 10, 2022 1062 Views 0 comment Print

Sporta Technologies Pvt. Ltd Vs Unfading OPC Private Limited (Delhi High Court) It is averred in the plaint that Plaintiffs are a hugely popular and well-known fantasy sports platform launched in 2012 and are the official fantasy sports partner of the International Council of Cricket (ICC), The Campeonato Nacional de Liga de Premiera Division (La […]

Settlement between Workers & Management not binding under Industrial Disputes Act If Not Sent to Prescribed Authorities

April 10, 2022 5421 Views 0 comment Print

Laxman Vs State of Rajasthan (Rajasthan High Court) The provisions of Rule 2(p), Rules 58 and 75 of the Rules, 1958 clearly reflect that for a settlement arrived at between the parties by mutual negotiations, the same has to be sent to the State Government, Labour Commissioner and the conciliation officer concerned. The provisions are […]

Compassionate Appointment cannot be claimed as a Matter of Right: HC

April 10, 2022 12168 Views 0 comment Print

Iqbal Khan Vs State of U.P. and 2 Others (Allahabad High Court) (a) A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutionally valid has to be carefully structured and implemented in order to confine compassionate […]

Penny Stock Cases: ITAT Condones delay in Appeal Filing; Vivad Se Vishwas scheme not confers any vested right on assessee

April 10, 2022 1506 Views 1 comment Print

PCIT Vs Dinesh Kumar Bansal (HUF) (Calcutta High Court) The Court : In all these applications the revenue has sought for condonation of delay in filing the appeals before this Court under Section 260A of the Income Tax Act, 1961 (the Act, in brevity) challenging the orders passed by the Income Tax Appellate Tribunal, Kolkata […]

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