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Delhi High Court

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

April 16, 2020 2667 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 2292 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.

Section 44DA prevails over Section 44BB after amendment w.e.f. 01.04.2011

April 6, 2020 14244 Views 0 comment Print

Paradigm Geophysical Pty Ltd. Vs CIT (Delhi High Court) After 01.04.2011, income falling within the scope of Section 44DA (1) of the Act would be excluded from the scope of Section 44BB of the If the income of a non-resident is in the nature of fees for technical services or royalty, it shall be taxable […]

Provision for anticipated Pay Revision is allowable Business Expense

April 5, 2020 2775 Views 0 comment Print

Housing And Urban Development Corporation ltd Vs Add. CIT (Delhi High Court) The pay revision of employees of the appellant, a PSU is due every ten years with the expiry of one wage settlement or agreement. Invariably, there is a time lag between expiry of a wage revision and negotiation of a fresh wage revision. […]

Delhi HC extends all interim orders till 15.05.2020

March 25, 2020 873 Views 0 comment Print

In view of the outbreak of COVID-19, the functioning of this Court is restricted only to urgent matters vide Notification No.51/RG/DHC/dated 13.03.2020.

Non-filing of return due to Seizure of Document by dept cannot be considered as Wilful

March 18, 2020 663 Views 0 comment Print

The issue under consideration is that the respondent had willfully defaulted in filing a return pursuant to the notices issued under Section 153A of the Act and thus, committed the offence punishable under Section 276CC of the Act.

Interplay between Patents and Tradesecrets

March 17, 2020 792 Views 0 comment Print

Claudio De Simone & Ors. Vs. Acital Farmaceutica SRL. & Ors. (Delhi High Court);  CS(OS) 576/2019, IA No.15741/2019, 17.03.2020 FACTS In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation. The said formulation is highly concentrated bacterial formulation beneficial for pharmaceutical and dietary indications. In the year […]

Rights of Registered Trademark Holder vis-à-vis Prior User of a Descriptive Trademark

March 16, 2020 22455 Views 0 comment Print

In the present case, the Court by its reasoned order had refused to grant an injunction on the basis that the alleged infringing mark is descriptive in nature and does not tarnish the goodwill of the Plaintiff. Also the same is being used as a label by the Defendant and not as a trademark per se.

HC imposes Cost of Rs. 5 Lakh on Assessee for Misleading the Court

March 13, 2020 1209 Views 0 comment Print

Indus Towers Ltd. Vs ACIT (Delhi High Court) The issue raised is that of gross suppression and misstatement by the petitioner, which led to a false projection of the outstanding liability/ refund due from/ to the petitioner.  It is pointed out by Mr. Raghvendra Singh that the petitioner was required to file a consolidated return […]

Service tax is applicable on clubs or associations incorporated prior to 1st July, 2012

March 12, 2020 1452 Views 0 comment Print

Principal Commissioner of Central Tax Vs Indian Medical Association (Delhi High Court) The issue under consideration is that whether service tax is applicable on clubs or associations incorporated prior to 1st July, 2012? The definition of “club or association” contained in Section 65(25a) makes it plain that any person or body of persons providing services […]

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