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Income Tax payable on mere Transfer of marketing/ distribution right

June 3, 2022 1095 Views 0 comment Print

DCIT Vs Ambalal Sarabhai Enterprises Ltd. (ITAT Ahmedabad) Facts- The assessee Company is mainly engaged in the manufacture of drugs & pharmaceuticals. The assessee Company filed ROI on 31.10.2001 declaring income from house property Rs.9,036/-, income from other sources Rs.1,25,40,914/- and business loss of Rs.10,26,63,568/-. AO made addition in respect of buying commission to Teknoserve […]

TDS not deductible on auto roaming charges paid

June 3, 2022 1656 Views 0 comment Print

Whether payment made by assessee to another mobile service provider company for utilization of roaming mobile data and connectivity could not be termed as technical service as roaming process between participating entities was fully automatic and did not require any human intervention and, therefore, no TDS was deductible – Held, yes

HC set-aside REAT direction restraining all construction activity in absence of RERA registration

June 3, 2022 3060 Views 0 comment Print

Praveen Chhabra Vs Real Estate Appellate Tribunal (Delhi High Court) Facts- The petitioner had challenged the order passed by the Real Estate Appellate Tribunal dated November 24, 2021. As per the order, the Delhi Real Estate Appellate Tribunal had stayed all the construction activities, including residential and commercial activities, in the national capital that were […]

No stamp duty on award for compensation under Section 3(G) NHA

June 3, 2022 2112 Views 1 comment Print

HC held that no stamp duty is liable to be paid on an award for compensation made under Section 3(G) National Highway Act, 1956 (NHA).

Title ‘SHOLAY’ uniquely connote the film & cannot be used as domain name

June 3, 2022 1374 Views 0 comment Print

HC held that The use of the mark ‘SHOLAY’ as part of domain names and company names, etc. are completely illegal & unlawful

Existing hardware/software maintenance expense is revenue expense

June 3, 2022 1845 Views 0 comment Print

Expenditure on maintenance, back-up and support services to existing hardware and software is revenue in nature, and therefore allow the expenditure as revenue in nature.

GST Detention proceedings invalid if valid documents accompanied goods

June 3, 2022 3144 Views 0 comment Print

Once the valid document i.e. e-way bill was accompanying with the goods, the authorities ought to have release the vehicle.

Agreement challenged on the ground of fraud or forgery is not arbitrable

June 3, 2022 11424 Views 0 comment Print

An arbitration agreement is separable from the main agreement. It is only in cases where the allegation of forgery or fraud are in respect to the existence of arbitration agreement itself, the disputes would not be arbitrable.

Compounding scheme of TNVAT Act, 2006 is optional & constitutionally valid

June 3, 2022 1746 Views 0 comment Print

There is no compulsion to opt under Section 6 of the Tamil Nadu Value Added Tax Act, 2006 and it is open to a works contractor to pay taxes under section 5.

Court can interfere in contractual matters only if there is arbitrariness, irrationality, malafides & bias

June 3, 2022 4491 Views 0 comment Print

It is no-doubt true that normally, Court would be loath to interfere in contractual matters unless a clear-cut case of arbitrariness or malafides or bias or irrationality is made out and Court must realize their limitations and the havoc which needless interference in commercial matters can cause.

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