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Archive: 26 May 2022

Posts in 26 May 2022

No provision under Trademark contemplates defence of honest & concurrent to a charge of infringement

May 26, 2022 2499 Views 0 comment Print

Section 12 is essentially a provision which enables the Registrar to permit registration of a mark which is identical or similar to an existing mark in respect of same or similar goods. It does not envisage honest and concurrent user as a defence to an allegation of infringement of a registered trade mark.

Clandestine procurement & supply of Goods: Gurugram Court grants transit remand of accused

May 26, 2022 1005 Views 0 comment Print

Gurugram Court grants transit remand of accused to the Court of learned Chief Judicial Magistrate, Yamuna Nagar at Jagadhri In GST case DGGI, GURUGRAM V. MANOJ KUMAR  2022 (Gurugram Court) “Mere fact that the office of the complainant department lies within the jurisdiction of this Court does not confer any jurisdiction upon this Court to […]

Section 148 of NI Act provides minimum 60 days’ time period for depositing fine

May 26, 2022 30414 Views 0 comment Print

Harsh Sehgal Vs State & Anr (Delhi High Court) Facts- The complainant/respondent no. 2, Galaxy Datamatics Pvt. Ltd., averred that the accused no. 1, M/S Takshila Retail Pvt. Ltd., earlier known as M/s Blues Clothing Pvt. Ltd., accused no. 2, Dinesh Sehgal and accused no. 3, Harsh Sehgal, approached the respondent no.2 for a short-term […]

Writ of mandamus cannot be issued on the basis of mere sympathy

May 26, 2022 1107 Views 0 comment Print

Vakiyath Koya Vs State of Kerala (Kerala High Court) Facts- These writ petitions are preferred by owners of stage carriages as well as contract carriages, claiming the benefit of exemption from payment of tax for the period affected by the restrictions and regulations imposed due to Covid-19 pandemic. Petitioners are seeking a writ of mandamus […]

The Reopening Labyrinth – Section 148 – Income Tax Act

May 26, 2022 14076 Views 0 comment Print

Apex Court in its recent judgment put quietus to one of the largely litigated issue on validity of notices issued under section 148 of Income Tax Act between the period 01.04.2021 to 30.06.2021.

Independent Director – Applicability of Online Proficiency Self-Assessment Test

May 26, 2022 11271 Views 1 comment Print

Understand the applicability of the online proficiency self-assessment test for independent directors. Learn about the compliance requirements and how to get included in the data bank.

Delay in intimating Insurance Company or lodging Claim would not disentitle sanction of claim

May 26, 2022 17874 Views 0 comment Print

It is common knowledge that the Insurance Companies in matter of Theft, Fire, Accident, Health Insurance Claims etc. shirk from their pecuniary liabilities on frivolous, hyper technical grounds but the Courts have univocally held that the claims cannot be rejected on technical grounds specially where there is delay in intimating Insurance Company or lodging delayed […]

Addition for concealed profit not possible on mere surmises

May 26, 2022 921 Views 0 comment Print

DCIT Vs Agya Ram Manohar Lal (ITAT Chandigarh) Facts- The brief facts of the case for AY 2016- 17 are that the assessee firm derives income from business and income from other sources. The assessee firm belongs to M/s Roop Square Group of companies where a search and seizure operation u/s 132(1) was conducted on […]

Invoking power u/s 263, merely on the basis of suspicion, is unjustified

May 26, 2022 1095 Views 0 comment Print

The law is well settled that for exercising power u/s 263 twin conditions are required to be satisfied – (i) that the order should be erroneous and; and (ii) it should cause prejudice to the interests of Revenue. Moreover, it is not the case where the assessee failed to substantiate his claim, rather the explanation along with supporting evidences were placed before the assessing officer and the learned Pr.CIT.

Services rendered by club to its members is self-service not taxable under service tax

May 26, 2022 2739 Views 0 comment Print

The law laid down in Calcutta Club is that a club and its members are one and the same and the club is formed for the purpose for mutual benefit of its members.

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