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Liability of ensuring that keyword is not an infringement of trademark lies on Google

November 13, 2021 2685 Views 0 comment Print

DRS Logistics (P) Ltd. Vs Drs Logistics (P) Ltd. (Delhi High Court) Facts- An application seeking ad interim ex parte injunction was filed by the plaintiffs against Google India, Google LLC and Just Dial restraining them from using or permitting third parties to use plaintiffs’ registered trademark AGARWAL PACKERS & MOVERS or DRS LOGISTICS either […]

Income from investment in Trust by ADIA is exempt in terms of India-UAE DTAA

November 13, 2021 1524 Views 0 comment Print

ADIA files ROI in India disclosing income falling within the scope of section 5(2). However, in view of exemption available in terms of India-UAE DTAA, ADIA reports NIL taxable income. AAR denies the benefit of India-UAE DTAA benefit to ADIA in respect of income accruing on the investment made or proposed to be made by Green Maiden A 2013 Trust which was established by ADIA and ETL.

Amount lying in stale draft account cannot be treated as income

November 13, 2021 681 Views 0 comment Print

The assessee has issued demand drafts to various persons and any unclaimed demand drafts is kept in stale draft account under the head ‘outstanding liabilities’. AO noticed that the amount of INR 18,42,40,053 was shown under the head ‘outstanding liabilities’. The opening balance of the said account was INR 13,97,32,235. Accordingly, differential amount of INR 44507818 is treated as income of the assessee.

Education Cess, not being capital & personal expenditure, is allowable as deduction U/s. 37

November 13, 2021 1539 Views 0 comment Print

Qualcomm India Pvt. Ltd. Vs Addl. CIT (ITAT Delhi) Facts- The assessee argued that education cess paid on Income Tax doesn’t come under the purview of the definition as it is levied on the amount of Income Tax but not on profits of business. Conclusion- Education Cess is not in the nature of capital expenditure, […]

Section 14A disallowance restricted to exempt income earned during the year

November 11, 2021 6921 Views 0 comment Print

It is settled position of law that disallowance cannot exceed the amount of dividend income earned during the relevant assessment year. Accordingly, the amount of disallowance u/s 14A of the IT Act needs to be restricted to the extent of exempted income earned during the relevant assessment year.

Bombay HC grants injunction in favor of Zee Entertainment in dispute with Invesco

November 11, 2021 3132 Views 0 comment Print

Zee Entertainment Enterprises Ltd. Vs Invesco Developing Markets Fund (Bombay High Court) Facts- Two institutional investors issued the requisition notice to Zee Entertainment. A suit is filed by Zee Entertainment against the demand of two institutional investors seeking extraordinary general meeting. Zee Entertainment has filed a suit arguing that the requisition notice send by the […]

Reclamation & rehabilitation expenditure allowable under section 37(1)

November 10, 2021 1797 Views 0 comment Print

Held expenditure of reclamation and rehabilitation had to be allowed as a deduction under section 37(1) of the Act as expenditure incurred wholly and exclusively in connection with the business of the assessee.

Guarantee Commission is not a ‘Levy’ for Disallowance u/s 40(a)(iib): ITAT

November 10, 2021 2313 Views 0 comment Print

Krishna Bhagya Jala Nigam Limited Vs ACIT (ITAT Bangalore) Guarantee commission not ‘Levy’ for the purposes of disallowance under Section 40(a)(iib) of the IT Act ITAT held that guarantee commission paid in consideration for the state government agreeing to suffer a detriment in the event of non-payment of the bonds on its maturity and is merely […]

Theater owner exhibiting movie provided by distributor is outside the purview of BSS

November 10, 2021 2931 Views 0 comment Print

Inox Leisure Ltd. Vs Commissioner of Service Tax (CESTAT Hyderabad) Appellant exhibits/ screens the movies provided by the distributor – consideration is paid by the appellant to the distributor based on the agreed percentage – department demanded service tax considering the same as BSS – Held no service tax can be levied on the appellant […]

Gold smuggling not covered within the definition of terrorist act under Unlawful Activities (Prevention) Act

November 10, 2021 1257 Views 0 comment Print

Mohammed Shafi P. Vs National Investigation Agency (Kerala High Court) Facts- The allegations against the accused are of smuggling gold through the diplomatic channel availing the intimate connection, A1 and A2 had with the Consulate of United Arab Emirates at Thiruvananthapuram; wherein the two accused were formerly employed. The appellants lament; as the lyrics in […]

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