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Delhi High Court

Tax demand Relating to issues already decided in Assessee’s Favour cannot be recovered

August 20, 2022 738 Views 0 comment Print

Court have categorically held that recovery of demand against issues which have been decided in favour of Assessee is wholly unwarranted.

Income Tax department expresses regret for filing infructuous appeal

August 19, 2022 1416 Views 0 comment Print

There was no need for filing this appeal due to subsequent ITAT order & Income Tax department expresses regret for filing infructuous appeal

Employees’ contribution to PF deposited before filing of return is allowable deduction

August 18, 2022 2433 Views 0 comment Print

Held that disallowance u/s 36(1)(va) unsustainable as the amount of employees’ contribution to the provident fund deposited before filing of return.

Use of marks ‘facebake’/ ‘facecake’ restrained by Delhi High Court

August 17, 2022 621 Views 0 comment Print

Held that overall visual representation adopted by the defendants using mark facebake/ facecake clearly depicts the mala fide intent in obtaining unfair advantage by use of the mark similar to the plaintiff i.e. facebook

Misusing the mark ‘KHADI’ for promoting medical products not condoned

August 17, 2022 504 Views 0 comment Print

Held that the Defendants use of the mark KHADI would be violative of the Plaintiffs rights in the said mark, and that such use would also cause immense harm to the consumers in view of the nature of the products which are being sold by the Defendants, the present suit is liable to be decreed.

There is no need to file separate claim for Income Tax refund

August 16, 2022 2241 Views 0 comment Print

Assessee need not file any separate claim for Income Tax refund as same is deemed to incorporated in return filed by assessee itself

Interest payable on refund of money deposited by Assessee upon re-computation by Revenue

August 14, 2022 3117 Views 0 comment Print

Assessee found entitled to refund of money deposited by it upon re-computation by Revenue & interest thereon is liable to be paid under Section 244A(1)(b)

Bad debts written off in books allowable  

August 14, 2022 3069 Views 0 comment Print

To claim deduction on account of bad debts, two conditions have to be met by the Assessee i.e. (i) the bad debts must have been taken into account in computing the income of the Assessee of previous year or of an earlier/previous year and; (ii) the bad debts should have been written off in the accounts of the Assessee.

Withholding certificate at a low tax rate cannot be rejected for demand due to pending rectification applications

August 14, 2022 1224 Views 0 comment Print

Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification applications

No Section 153A/153C addition If no Incriminating Material found during Search

August 14, 2022 4707 Views 0 comment Print

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C

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