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All High Courts

Inclusion or exclusion of comparables per se cannot be treated as a question of law

September 25, 2022 1590 Views 0 comment Print

PCIT Vs Macquarie Global Services Pvt. Ltd. (Delhi High Court) HC held held that inclusion or exclusion of comparables per se cannot be treated as a question  of law unless it is demonstrated to the Court that the Tribunal took into account irrelevant consideration or excluded irrelevant factors in the ALP that impact significantly. In […]

In case of mixed funds investment must be considered to be out of interest free fund

September 25, 2022 465 Views 0 comment Print

Where assessee has mixed funds (made up partly of interest free funds and partly of interest bearing funds) and payment is made out of mixed fund, the investment must be considered to have been made out of interest free fund.

GST Registration: Not issuing notice for physical verification amounts to violation of principle of natural justice

September 23, 2022 3012 Views 0 comment Print

High Court held that non supply of notice for physical inspection during the search proceeding, before issuing an order, will be termed as violation of principle of natural justice.

75% deposit as pre-condition for admission of appeal under MSMED Act not complied- Writ Not Maintainable

September 22, 2022 1884 Views 0 comment Print

Chemflo Industries Pvt. Ltd. Vs KMC Construction Ltd. and another (Orissa High Court) Petitioner submits, impugned is order dated 13th March, 2015 passed on the interlocutory application of his client made in arbitration petition (ARBP no. 122 of 2013), of purported challenge of opposite parties to award dated 29th January, 2011. He submits, by the […]

AAR Application filed under VAT Act not survive after GST Enactment

September 22, 2022 714 Views 0 comment Print

Renatus Procon Private Ltd. Vs Authority for Clarification and Advance Ruling (Madras High Court) HC held that with the enacting of the TNGST Act, 2018, the Authority for Clarification and Advance Ruling does not exist in the form in which it did under the TNVAT Act and hence, the application filed by the petitioner does […]

Bank cannot withdraw One-Time Settlement offer after acceptance by borrower

September 22, 2022 5793 Views 0 comment Print

HC Held that respondent-bank (SIDBI) cannot withdraw from offer of One-time Settlement which is already accepted by the petitioner/ borrower.

Trademark dispute: Ex-parte order of ad-interim injunction unjustified

September 22, 2022 6411 Views 0 comment Print

Held that ex parte order of ad interim injunction granted before notice to opposite party under the proviso to Rule 3 of Order XXXIX C.P.C.. cannot be treated at part with other ex parte orders/decree.

Ad-interim injunction provided against the use of name TATA

September 22, 2022 468 Views 0 comment Print

Held that ad-interim injunction provided from the use of TATA in website tatabonus.com; crypto products by the name of $TATA or any other product being sold on the website www.hakunamatata.finance.

GST Registration Cancellation- HC directs Dept to decide on revocation application

September 22, 2022 822 Views 1 comment Print

Purabdhani Enterprise Vs State of Gujarat (Gujarat High Court) In this case two show cause notice were issued for cancellation of GST Registration. While the earlier show cause notice dated 9.11.2021 seeking cancellation of registration was based on the ground that firm of the petitioner was non-existent and that business was not being run, the […]

Huawei Tax Evasion Case: Delhi HC Allows CEO to Travel Abroad

September 22, 2022 1581 Views 0 comment Print

Deputy Director of Income Tax (INV) Vs Xiongwei Li (Delhi High Court) The proforma for issuance of the Look Out Circular indicates the nationality of the respondent to be that of China. As per the communication dated 19.2.2022 apart from the aspect of M/s Huawei Telecommunications (India) Company Private Limited (HTICPL) and M/s Huawei Technologies […]

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