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Copyright registration Not Mandatory for Protection under Copyright Act

March 9, 2021 12636 Views 0 comment Print

Sanjay Soya Private Limited Vs Narayani Trading Company (Bombay High Court) Registration under the Copyright Act is optional and not compulsory. Registration is not necessary to claim a copyright. Registration under the Copyright Act merely raises a prima facie presumption in respect of the particulars entered in the Register of Copyright. The presumption is however […]

Bail cannot be refused merely on the ground of socio economic offence leading to loss to exchequer

March 9, 2021 2919 Views 0 comment Print

Praveen Jain Vs DGGI (Patiala House Court)  FULL TEXT OF THE JUDGMENT/ORDER OF PATIALA HOUSE COURT This is the second bail application moved on behalf of accused. The accused has been transited from the court of Ld. SCJM, Rohtak and all firms /companies involved in the present case are registered in Delhi. It is submitted that as […]

Circulars amending FTP 2015-20 provisions ultra vires FTP 2015-20

March 9, 2021 2799 Views 0 comment Print

Atlantic Shipping Private Limited. Vs Union of India (Bombay High Court) High Court Held that DGFT Policy Circular Nos. 06/2018 dated 22.05.2018 and 08/2018 dated 21.06.2018 in so far as they seek to add and amend the provisions of the FTP 2015-20 by inserting additional conditions to curtail the rights / benefits claimed by the […]

Doctor not liable to personally monitor administration of injection by a trained nurse

March 9, 2021 1164 Views 0 comment Print

Bhushan s/o Brijmohan Katta Vs State Of Maharashtra (Bombay High Court -Nagpur Bench) All that is alleged in the present case is that though the petitioner was on duty, he was not physically present in the NICU at the fateful moment. No material has been placed before us that whenever an injection has to be […]

HC directs DC to issue discharge certificate in Form SVLDRS-4 to Eureka Fabricators

March 9, 2021 858 Views 0 comment Print

Eureka Fabricators Pvt. Ltd. Vs Union of India & Ors.  (Bombay High Court  ) FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT Heard Mr. Prasannan Namboodiri, learned counsel for the petitioners and Mr. Pradeep Jetly, learned senior counsel for the respondents. 2. This order shall dispose of both the writ petitions as facts are […]

HC directs GSTN to allow petitioner to rectify GSTR-3B return

March 9, 2021 25926 Views 0 comment Print

To issue any direction to the respondents by which a registered person can edit any error if occurred during submitting/offsetting the ITC and before filing of the GSTR-3b return

Orissa HC admits Writ Petition against Faceless Appeal Scheme

March 9, 2021 11739 Views 1 comment Print

Hon’ble Orissa High Court Admitted the Writ Petition Filed By CTBA against Faceless Appeal Scheme The Cuttack Tax Bar Association (Life Member of AIFTP) filed the Writ Petition against the Notification of Union Government for Faceless Appeal Scheme bearing W.P.(C) No.33457 of 2020, which was listed for hearing in the Court of Hon’ble Chief Justice […]

Maximum Penalty of Rs. 1000 for Minor clerical error in E-way Bill

March 9, 2021 7002 Views 0 comment Print

Tirpthamoyee Aluminium Products Vs State of Tripura (High Court Tripura) According to the petitioner, due to a clerical error the distance from the place of origin to the ultimate destination i.e. from Howrah to Agartala, was shown as 470 Kms. instead of actual distance which was 1470 Kms. The petitioner would point out that as per […]

OVAT Act: Penalty in Turnover escaping Assessment was not Automatic

March 8, 2021 3234 Views 0 comment Print

National Alumini Vs Dy. Commissioner (Orissa High Court) It is seen under Section 43 (2) of the OVAT Act the levy of penalty in the event of turnover escaping assessment, or under assessement, is not automatic. The AO has to be satisfied that escapement or under assessment of tax “is without reasonable cause”. Further upon […]

SVLDRS Scheme- Development post 30.06.2019 are relevant factor

March 8, 2021 1071 Views 0 comment Print

Morde Foods Pvt. Ltd. & another Vs Union of India & Others (Bombay High Court) The question is that if the declarant had filed an appeal before the appellate forum and such appeal was finally heard on or before 30th day of June, 2019; whether the declarant would be eligible to make a declaration under […]

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