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Business deems to be commenced once activity essential to carrying on business is started

October 17, 2022 828 Views 0 comment Print

It was held that once business is set up, expenditure incurred relating to such business have to be treated as revenue expenditure and allowed as deduction. As soon as an activity which is essential to carrying on the business is started the business must be said to have commenced.

Petitioner has right to get adequate time under Section 148A to respond to SCN

October 17, 2022 1383 Views 0 comment Print

Bird Worldwide Flight Services (I.) Pvt. Ltd Vs DCIT (Delhi High Court) Court is of the view that the Petitioner has a right to get adequate time under Section 148A of the Act to respond to the show cause notice. It is pertinent to mention that Section 148A(b) of the Act permits the Assessing Officer […]

Nobody can ask for an absolute right to deal with a particular business :CCI

October 16, 2022 1491 Views 0 comment Print

CCI observes that there must be some autonomy available to the manufacturers to deal with their goods the way they want, in alignment with their business requirements. Nobody can ask for an absolute right to deal with a particular business.

Anti-competitive practices: CCI issues cease & desist order against Kraft Paper Manufacturers & associations

October 16, 2022 2235 Views 0 comment Print

It was alleged that the various associations of Kraft Paper Manufacturers, by way of periodic meetings and correspondences, direct their members (i.e., Kraft Paper Mills) to: (i) increase the price of the paper to be sold to the buyers, i.e., corrugated box manufacturers; and (ii) create a condition of shortage to enforce the unjust price increase and shut the operation of the paper mills in a region collectively. 

Punjab Medical Council can prescribe certain standards, guidelines, etc. for CME platforms: CCI

October 16, 2022 1908 Views 0 comment Print

CCI held that, Punjab Medical Council is well within its jurisdiction to prescribe certain standards, guidelines, etc., for maintaining quality in medical education and practice.

Information already available in public domain, cannot be construed as collusion between Ops: CCI

October 16, 2022 1200 Views 0 comment Print

CCH held that sporadic communications between OPs exchanging information, which is already available in public domain, cannot be construed as collusion between OPs.

CCI found 8 firms guilty of bid rigging & cartelization in Eastern Railway tenders

October 16, 2022 1842 Views 0 comment Print

Rakesh Khare Vs Krishna Engineering Works (Competition Commission of India) CCI issues cease and desist order against firms found guilty of bid rigging and cartelization in tender floated by Eastern Railway The Competition Commission of India (CCI) issued a final order today against eight firms which were found to have contravened the provisions of Sections […]

Resolution Plan cannot be permitted to be withdrawn after approval: NCLAT

October 14, 2022 2298 Views 0 comment Print

NCLAT held that in event the submission of Appellant is accepted that due to financial difficulty he is unable to implement Resolution plan and he be permitting to go back from the commitments made in the Resolution Plan, it shall have disastrous effect on the entire process undertaken.

Arbitration – Legal remedy cannot be extended by consent

October 14, 2022 1140 Views 0 comment Print

Extramarks Education India Private Limited Vs Ram School (Delhi High Court) The petitioner’s other objection, that since in its reply dated 31.08.2021 the respondent themselves were willing to accept and had given their consent for appointment of an arbitrator “near to the locality” where the respondents were located, is neither here nor there, since if […]

TP – ALP: Every Assessment Year is A Separate Unit, governed by its own peculiar facts

October 14, 2022 3072 Views 0 comment Print

Court is of the view that every Assessment Year is a separate unit which is governed by its own peculiar facts and difference of opinion between the parties, as to the appropriateness of one or the other methods to calculate arm’s length price, cannot per se be a ground for interference

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