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Archive: 19 October 2022

Posts in 19 October 2022

Vasundhara is common name in India – HC rejects Trademark Infringement Plea

October 19, 2022 1596 Views 0 comment Print

Delhi High Court while dismissing the appeal on the plea of trademark infringement have observed that the particular word (Vasundhara) in dispute in this case is a common name in India and an exclusive right to use the same cannot be granted to the plaintiff and he does not enjoy the monopoly for use of the said word (Vasundhara).

Compensation under Motor Vehicle Act could be granted on Notional Income determined through State Act

October 19, 2022 5235 Views 0 comment Print

Honble Supreme Court enhanced the compensation under Motor Vehicles Act by holding that deceased was a skilled labour under Kerala Fair Wages Act i.e. State Act and notional income have to be determined on basis of the said Act.

Section 64(4) of TNVAT Act not allow Commissioner to delegate power to lower authority to pass order

October 19, 2022 1152 Views 0 comment Print

Madras High Court held that it is clear that section 64(4) of the TNVAT Act doesnt empower the Commissioner to delegate the power to pass order to any lower authority.

Validity of Section 148 notice when escaped assessment is less than Rs.50 lacs

October 19, 2022 18210 Views 1 comment Print

Geeta Agarwal Wife Of Shri Navratan Agarwal Vs ITO (Rajasthan High Court) It is contended that as in the present case, the income, which is alleged to have escaped assessment, is far below Rs.50 lacs i.e., Rs.8 lacs, the bar under clause (a), sub-section (1) of Section 149 of the Act would come into play […]

Micronutrients are classifiable under chapter heading 3105

October 19, 2022 906 Views 0 comment Print

CESTAT Hyderabad held that classifying micronutrients manufactured by the appellant, as plant growth regulators, under Chapter heading 38089304 instead of Chapter heading 3105 is unsustainable

Right to make copy of software would constitute ‘Royalty’ TDS deductible u/s 195

October 19, 2022 303 Views 0 comment Print

ITAT Ahmedabad held that the transfer of copyright including the right to make copy of software for international business, any payment made in that regard would constitute Royalty. Thus, TDS is deductible u/s 195 on the payment made by the assessee to the non-resident supplier.

Order passed u/s 220(6) of the Income Tax Act must be speaking order

October 19, 2022 1887 Views 0 comment Print

Madras High Court held that any order made under Section 220 (6) of the Income Tax must be a speaking order. Accordingly, impugned order set aside as being cryptic and non-speaking.

Confessional statement of other person cannot be base for clandestine removal

October 19, 2022 1293 Views 0 comment Print

CESTAT Ahmedabad held that allegation of clandestine removals based upon the confessional statement of other persons or the documents recovered from the third party premises, without corroboration of the said documents is unsustainable

An indemnity of obligation under agreement doesn’t constitute ‘Financial Debt’

October 19, 2022 2496 Views 0 comment Print

NCLT Mumbai held that obligations under the Undertaking do not attract the definition of financial debt. A fortiori, an indemnity of the obligations under the Agreement will equally not constitute a financial debt under Section 5(8) of the Code.

Non-voluntary donations are not eligible for deduction u/s 11(1)(d) of the Income tax Act

October 19, 2022 1242 Views 0 comment Print

ITAT Ahmedabad held that donations which are not voluntary in nature cannot be treated as corpus donation and hence not eligible for deduction u/s 11(1)(d) of the Income tax Act

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