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Arbitration, in absence of third party, leads the proceeding non-arbitrable

May 6, 2022 1788 Views 0 comment Print

The petitioner, while thus admitting creation of third party rights, proposes adjudication of its right to recover possession of the subject apartments in the absence of these third parties.

Using registered mark ‘MakeMyTrip’ by booking.com on Google Ads Program would amount to trademark infringement

May 6, 2022 1569 Views 0 comment Print

This Court is prima facie of the opinion that the use of the Plaintiff’s registered mark ‘MakeMyTrip’ on the Google Ads Program as a keyword would amount to trademark infringement.

Mandatory 1/3rd deduction of land is ultra-vires: HC

May 6, 2022 22134 Views 0 comment Print

Munjaal Manishbhai Bhatt Vs Union of India (Gujarat High Court) HC held that impugned Paragpragh 2 of the Notification No. 11/2017-Central Tax (Rate) dated 28.6.2017 and identical notification under the Gujarat Goods and Services Tax Act, 2017, which provide for a mandatory fixed rate of deduction of 1/3rd of total consideration towards the value of […]

Delhi HC order directs CBDT to avoid mistakes in faceless assessment orders

May 6, 2022 2298 Views 0 comment Print

PCJ Securities Private Limited Vs ITO (Delhi High Court) 1. This Court is actually surprised that despite an elaborate mechanism of checks and balances and multiple authorities like (assessment units, verification units, technical units, review units, Regional Faceless Assessment Centres and National Faceless Assessment Centre) being set up under Section 144B of the Act, such […]

Interest payable on belated payment of GST: Madras High Court

May 5, 2022 13335 Views 0 comment Print

Srinivasa Stampings Vs Superintendent of GST and Central Excise (Madras High Court) Interest has been demanded on the net tax liability of the petitioner on account of belated payment of tax during the aforesaid period under Section 50(1) of the CGST Act, 2017. Since tax was paid by the petitioner belatedly, petitioner is liable to […]

Principles, powers & limitations on exercise of Section 147/148 powers

May 5, 2022 6129 Views 0 comment Print

Uphill Farms Private Limited Vs Union of India (Allahabad High Court) HC explains principles, powers and limitations on exercise of powers under Section 147/148 by Income Tax Officers/ Authorities under the Income tax Act, 1961, as under:- (a) The assessing officer under Section 147 of the Act, 1961 has the power to re-assess any income which […]

Failure to comply with Section 156 demand notice makes Assessee liable for interest for belated period

May 4, 2022 9000 Views 0 comment Print

Ravikumar Dhandhania Vs ITO (Madras High Court) The petitioner seeks waiver of Section 220(2A) interest under on account of the fact that the petitioner has paid the tax and the interest under Sections 234A, 234B & 234C of the Income Tax Act, 1961. Sub Section (2A) to of Section 220(2A) is an exception to Sub […]

Summary SCN not fulfilling ingredients of a proper SCN violates principles of natural justice

May 4, 2022 3408 Views 0 comment Print

djudication Order is non est in the eye of law, as the same has been passed without issuance of proper Show Cause Notice (SCN) and thus, amounts to violation of principles of natural justice.

HC stays attachment of bank accounts of Huawei

May 3, 2022 1005 Views 0 comment Print

Huawei Telecommunications (India) Company Pvt. Ltd. Vs DDIT (Delhi High Court) Mr. Datar states that the Respondents have been granted complete access to the Company’s Accounting Enterprise Planning (ERP) system. He states that ERP system is a primary source of transaction undertaken by the Petitioner and comprises of data pertaining to ledger accounts, expenditure, remittances, […]

HC Quashes Section 147 Order passed without disposing Objection of Assessee

May 3, 2022 2946 Views 0 comment Print

Atma Ram Saria Vs ACIT (Delhi High Court) The Supreme Court in GKN Driveshafts (India) Ltd. vs. Income Tax Officer and Ors., (2003) 1 SCC 72 has held that when a notice under Section 148 of the Act is issued, the proper course of action for the noticee is to file a return and if […]

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