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Vasundhara is common name in India – HC rejects Trademark Infringement Plea

October 19, 2022 2040 Views 0 comment Print

Delhi High Court while dismissing the appeal on the plea of trademark infringement have observed that the particular word (Vasundhara) in dispute in this case is a common name in India and an exclusive right to use the same cannot be granted to the plaintiff and he does not enjoy the monopoly for use of the said word (Vasundhara).

Section 64(4) of TNVAT Act not allow Commissioner to delegate power to lower authority to pass order

October 19, 2022 1716 Views 0 comment Print

Madras High Court held that it is clear that section 64(4) of the TNVAT Act doesnt empower the Commissioner to delegate the power to pass order to any lower authority.

Validity of Section 148 notice when escaped assessment is less than Rs.50 lacs

October 19, 2022 20826 Views 1 comment Print

Geeta Agarwal Wife Of Shri Navratan Agarwal Vs ITO (Rajasthan High Court) It is contended that as in the present case, the income, which is alleged to have escaped assessment, is far below Rs.50 lacs i.e., Rs.8 lacs, the bar under clause (a), sub-section (1) of Section 149 of the Act would come into play […]

Order passed u/s 220(6) of the Income Tax Act must be speaking order

October 19, 2022 2928 Views 0 comment Print

Madras High Court held that any order made under Section 220 (6) of the Income Tax must be a speaking order. Accordingly, impugned order set aside as being cryptic and non-speaking.

Court direct proper officer to grant opportunity to petitioner to take all steps to revive GST registration

October 19, 2022 1800 Views 0 comment Print

Orissa High Court requested the proper officer to grant opportunity to the petitioner for taking all required step to revive registration and also permitted to pay pending GST tax and file the pending GST return prior to cancellation of GST registration u/s 29(2)(c).

Mere Charging of shareholder under PMLA cannot be a ground to attach property of Company

October 19, 2022 4785 Views 0 comment Print

Charging of shareholder with crime under PMLA cannot be a ground to attach property of Company unless there is an allegation that property acquired by company was from proceeds of crime.

SVLDR Scheme Benefit cannot be denied for procedural technicalities

October 19, 2022 1887 Views 0 comment Print

Substantive benefit of Sabka Vishwas [Legacy Dispute Resolution] Scheme cannot be denied to the on the ground of procedural technicalities

TNVAT: HC directs AO to pass speaking order & determine rate of Aviation Turbine Fuel

October 18, 2022 681 Views 0 comment Print

Madras High Court directed Assessing Officer to pass a speaking order, after hearing the petitioner in full, with regard to determination of appropriate rate of tax on Aviation Turbine Fuel (ATF).

Turnover from works contract should be assessed as per rule 8(5) of TNVAT Rules, 2007

October 18, 2022 1647 Views 0 comment Print

Madras High Court held that the proper method for assessing the turnover from works contract is as per Rule 8(5). Accordingly, it was directed to redone de novo applying the methodology set out under rule 8(5) of the Tamil Nadu Value Added Tax Rules, 2007.

Time lost due to technical glitches on GST Portal needs to be excluded for calculating GST Appeal filing limitation

October 18, 2022 1785 Views 0 comment Print

Brij Bihari Singh Vs Commissioner Commercial Tax Lucknow (Allahabad High Court) The statutory right of appeal is not an illusory remedy given to the assessee or a person aggrieved. It is an effective and real remedy granted within the structure of the statute to allow for redressal of genuine grievances. Therefore, the appeal forum (wherever […]

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