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Delhi High Court

Delhi HC directs Income Tax Dept to decide on Refund claimed by American Express

April 10, 2022 672 Views 0 comment Print

Delhi High Court directs rectification of Amex India’s tax assessment, orders refund of Rs. 45.60 crore. Get insights into the ruling.

HC restrains use of mark ‘SattaDream11’ for Similarity with trademark Dream 11

April 10, 2022 825 Views 0 comment Print

Sporta Technologies Pvt. Ltd Vs Unfading OPC Private Limited (Delhi High Court) It is averred in the plaint that Plaintiffs are a hugely popular and well-known fantasy sports platform launched in 2012 and are the official fantasy sports partner of the International Council of Cricket (ICC), The Campeonato Nacional de Liga de Premiera Division (La […]

HC stays GST Adjudication Order passed by officer who conducted investigation/search/seizure

April 9, 2022 2700 Views 0 comment Print

Swastik Plastics Vs Commissioner of DGST (Delhi High Court) Delhi HIgh Court stay Adjudication Order passed in consequence of investigation/search/seizure and SCN issued under Section 74 of the GST Act for the reason that that the authority who had conducted the investigation/search/seizure cannot conduct the adjudication proceedings as there is likelihood of Bias. FULL TEXT […]

HC restrains Institute of Chartered Tax Advisers of India Ltd. against use of trademark ‘ADIT’ till Pendency of Suit

April 8, 2022 918 Views 0 comment Print

Trademark ‘ADIT’ which was first adopted by the Plaintiff, the Defendant who is also using the name ‘Institute of Chartered Tax Advisers of India Ltd.’, cannot be allowed to launch a course under a name which is identical to that of the Plaintiff.

Mere charging of fees to defray the administrative costs not makes a Trust non-charitable

April 7, 2022 879 Views 0 comment Print

CIT (Exemptions) Delhi Vs India Hiv Aids Alliance (Delhi High Court) Assessee is a company registered under Section 25 of the Companies Act. It gives 85% of the donation received by it to the Government of India for HIV Aids and only 15% of its total donation is given to other societies for awareness and […]

HC grants immunity as in Section 270A Penalty notice AO failed to specify the limb under which Penalty was levied

April 7, 2022 10263 Views 0 comment Print

Schneider Electric South East Asia (HQ) PTE Ltd Vs ACIT (Delhi High Court) Mere mention of ‘misreporting’ for denying immunity from penalty, manifestly arbitrary; Notice without ‘specific limb’, unreasonable Delhi High Court allows Schneider Electric’s writ petition, quashes order rejecting immunity under Section 270AA(4) and directs Revenue to grant immunity from penalty under Section 270A; […]

HC set-aside order rejecting GST refund without giving a personal hearing

April 6, 2022 2721 Views 0 comment Print

Richie Rich Exim Solutions Vs Commissioner of CGST Delhi South (Delhi High Court) In this case GST refund was rejected without giving a personal hearing as per proviso to rule 92(3) of CGST Rules, 2017 and in view of the same Delhi High Court set aside the order. A perusal of the audit history does […]

Arbitrator Appointment cannot be challenged under Section 14 of A&C Act

April 6, 2022 3852 Views 0 comment Print

Sacheerome Advanced Technologies (SAT) Vs NEC Technologies Pvt. Ltd. (NECI) (Delhi High Court) In the present case, the petitioner did not make any application challenging the appointment of learned Arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996 (A&C Act); it filed an application styled as under Section 16 read with Section 14(1)(a) […]

HC restrains use of mark ‘Evening Moment’ which is similar to trademark ‘Magic Moment’

April 6, 2022 729 Views 0 comment Print

Radico Khaitan Limited Vs Sarao Distillery (OPC) Pvt. Ltd (Delhi High Court) The present injunction application has been filed seeking ad interim injunction in respect of the use of the mark ‘EVENING MOMENT’ by the Defendants, which is deceptively similar to the Plaintiff’s mark ‘MAGIC MOMENTS’ registered in Class 33 for alcoholic beverages. A perusal […]

HC admits Petition for not processing GST TRAN-1 despite its order

April 6, 2022 1068 Views 0 comment Print

Respondents were directed to either re-open the online portal so as to enable the Petitioners to file TRAN-I form electronically for claiming tax credit or to accept the same manually on or before 30.06.2021 and process the same in accordance with law.

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