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Archive: October, 2022

Posts in October, 2022

Concluded assessments cannot be reopened u/s 153A in absence of incriminating material

October 19, 2022 2241 Views 0 comment Print

PCIT Vs Meeta Gutgutia Prop. M/s. Ferns ‘N’ Petals (Delhi High Court) There is no such statement in the present case which can be said to constitute an admission by the Assessee of a failure to record any transaction in the accounts of the Assessee for the AYs in question. On the contrary, the Assessee […]

L-2 license should be issued as renewal fees duly paid within time limit: HC

October 19, 2022 1332 Views 0 comment Print

Madras High Court held that as renewal fee relating to L-2 license under Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 was paid within a period of one month from the date of expiry of renewal period, L-2 license should be duly issued.

HC grants Permanent injunction against use of trademark POTLI’/DHANI by dhanifinance.com

October 19, 2022 1170 Views 0 comment Print

Delhi HC granted permanent injunction and compensation to the plaintiff as the triple identity test of identical/deceptively similar trademarks, identical services and trade channels stands satisfied and use of the impugned trademarks/domain name by Defendant constitutes infringement of the Plaintiffs registered trademarks in present facts of the case.

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

October 19, 2022 2043 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 6117 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 1725 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 20865 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 1485 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 519 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 2931 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.

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