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Delhi High Court

Covid-19: HC restrains bank from taking coercive action for default in factoring facility

May 1, 2020 1659 Views 0 comment Print

The object of issuing notifications/circulars dated 27.03.2020 and 17.04.2020 was to provide financial relief in repayment due to COVID-19 to the parties who have availed the term loans and working capital facilities but this relief is not extended towards factoring facilities.

Delhi HC on Domain Name and Anti-Injunction Suit

April 28, 2020 897 Views 0 comment Print

The Court, in the present case, had appropriately restrained the Suit filed by the Defendant before the Eastern District of New York on the ground of being vexatious and oppressive. Further the Court rightly considered that Domain name is akin to a Trademark.

Mutual Will comes Into Effect on Death of Either of Joint Testators

April 24, 2020 10215 Views 1 comment Print

Principle of, a mutual Will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law.

Extension of Moratorium – New flavour of the season

April 24, 2020 996 Views 0 comment Print

Hon’ble Court opined that irrespective of the question, as to whether the moratorium as envisaged by RBI would be applicable to the petitioner qua the instalments, any classification of the petitioner’s accounts as NPA in present situation would certainly cause a grave and irreparable loss to the Petitioner.

After Appeal department withdraws Order passed in haste during Lockdown

April 22, 2020 3237 Views 0 comment Print

In the given case, the writ petitioner has requested Income Tax Department for the adjournment of 3 weeks to respond to the show cause notice on account of the lockdown declared by the Government of India across India so as to effectively deal with the Covid-19 pandemic.

Director remuneration cannot be disallowed merely for approval post payment

April 20, 2020 3636 Views 0 comment Print

PCIT Vs MLS CBRE South Asia Private Limited ((Delhi High Court) So far as the amount of Rs.4,73,39,848/- being the excess. Remuneration paid to Sh. Anshuman Magazine is concerned, we find the assessee has obtained approval of the competent authority though on 18.07.2011 i.e. much after the date on which such remuneration has been paid. In […]

HC denies relief from Compulsory 20% deposit in Bogus Cash Credit case

April 19, 2020 1335 Views 0 comment Print

Jindal ITF Ltd. Vs Union of India (Delhi High Court) It is seen that the entities M/s Glebe Trading Pvt. Ltd. and M/s. Danta Enterprises Pvt. Ltd. have been used as conduits in availing unsecured loans covered u/s 68 of the Act. The identity and creditworthiness of the above companies and genuineness of the transaction […]

HC restrains bank from declaring an account as NPA till further order- Covid 19

April 17, 2020 1158 Views 0 comment Print

The issue under consideration is that the petitioner seeks a direction to the respondent not to declare its pending loan accounts as Non Performing Assets (NPA). The petitioner also seeks a direction to the respondent for grant of moratorium of three months to it in terms of circular issued by the Reserve Bank of India(RBI).

No classification as NPA for failure to pay Loan installment due to COVID-19

April 16, 2020 2604 Views 0 comment Print

Learned counsel for the respondent contends that RBI guidelines and package are not applicable to the case of the petitioner, in as much as, the petitioner was already in default as on 01.03.2020 and the package is applicable only to those instalments which fall due on 01.03.2020 and also only to those borrowers who were properly servicing their account till 01.02.2020 and were not in default.

CIT to examine refund claims with due application of mind & issue the same

April 9, 2020 2214 Views 0 comment Print

Withholding of refund claims should be examined by the Principal Commissioner of Income Tax with due application of mind and the entire exercise should be completed within the period of six weeks and the case of failure of Officers should transmit the amount including the interest to assessee without awaiting any further orders.

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