Sponsored
    Follow Us:

Proclamation of sale of immovable property after due notice to defaulter is justified

May 26, 2022 3114 Views 0 comment Print

IGGI Resorts International Limited Vs Tax Recovery Officer (Madras High Court) Facts- The petitioner was in arrears of income tax for a sum of Rs.29,84,56,331/- for the period prior to the year 2008. Earlier, proceedings were initiated and Tax Recovery certificate was issued on various dates (02.06.2000, 16.01.2003 and 19.03.2007) by the Tax Recovery Officer, […]

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

May 26, 2022 2508 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.

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

May 26, 2022 30477 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 1113 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 […]

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 1101 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 2790 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.

Credit notes not affecting input tax already deposited not to be treated as taxable turnover

May 26, 2022 4341 Views 0 comment Print

Credit notes not affecting input tax already deposited cannot be treated as taxable turnover by the extended meaning of Section 2 sub-section (lii) Explanation VII of Kerala Value Added Tax Act.

Reassessment notice dealing with question of facts, can’t be challenged before HC

May 26, 2022 1653 Views 0 comment Print

Reassessment notice under Section 148 of IT Act i.e, impugned notice if carried to its logical end, in the facts and circumstances of the case, will clearly neutralize all these arguments and the writ petitioner assessee bank will not be aggrieved in any manner.

Revocation of courier licence justified on breaching legal framework of Customs Act

May 26, 2022 1482 Views 0 comment Print

The Government has been simplifying the law and procedure relating to imports through courier from time to time. Accordingly, lot of trust and reliance has been placed on the courier agencies. A very clear procedure has been put in place by way of Courier Regulations to stream line the imports through Courier mode.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031