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FIR quashed as Company not an accused & no direct allegations against directors

August 17, 2022 12225 Views 0 comment Print

Held that criminal proceedings cannot continue against the directors against whom there is no direct allegations of mala fide and importantly the company is not made an accused.

Misusing the mark ‘KHADI’ for promoting medical products not condoned

August 17, 2022 513 Views 0 comment Print

Held that the Defendants use of the mark KHADI would be violative of the Plaintiffs rights in the said mark, and that such use would also cause immense harm to the consumers in view of the nature of the products which are being sold by the Defendants, the present suit is liable to be decreed.

Cut/sized share trees not liable to tax under TNGST Act, 1959

August 17, 2022 1749 Views 0 comment Print

Held that that the cut/ sized shade trees would constitute agricultural produce and therefore, fall outside the purview of TNGST Act, 1959.

Deduction u/s 80IA is allowed unit wise

August 16, 2022 6591 Views 0 comment Print

Held that deduction under Section 80IA of the Income Tax Act is to be allowed unit wise without deducting incurred loss by the other unit of eligible business and allowed the appeal of assessee.

There has to be neutrality in arbitrator selection process

August 16, 2022 1722 Views 0 comment Print

Held that law mandates neutrality for both arbitrator and arbitrator selection process. Interim award passed by the arbitration who was appointed in contravention of provisions is unenforceable.

Principle of lifting corporate veil cannot be invoked without opportunity of being heard

August 16, 2022 1380 Views 0 comment Print

Held that principle of lifting the corporate veil was invoked without giving an opportunity of being heard violates the principles of nature justice and hence untenable

Appeal can be filed by person opting to make payment of tax & penalty on detention/seizure

August 16, 2022 5283 Views 0 comment Print

Held that person seeking to make payment of tax and penalty u/s. 129(1)(a) of the CGST Act cannot be deprived from filing an appeal u/s 107

Delay of decade in proceeding makes entire proceeding vitiated

August 16, 2022 603 Views 0 comment Print

Held that if proceedings do not culminate within a reasonable period of time then they stand vitiated. The delay of over a decade truly violates the Appellant’s right to natural justice and vitiates the entire proceeding.

Earlier decision of co-ordinate jurisdiction cannot be rendered per incuriam

August 16, 2022 1770 Views 0 comment Print

Held that incorrect earlier decision by a bench of co-ordinate jurisdiction cannot be rendered per incuriam. Earlier decision has binding effect on a bench of co-ordinate jurisdiction.

Subsidy for dispersal of industries in less developed area is capital receipt

August 16, 2022 798 Views 0 comment Print

Held that the subsidy granted for encouraging the dispersal of industries to the less developed areas of the State of Maharashtra cannot be treated as revenue receipt.

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