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Delhi High Court

HC directs appellant to file return pursuant to Section 148

September 4, 2023 750 Views 0 comment Print

Analyzing Delhi High Court’s decision in Dhruv Suri Vs ITO. The court has directed the appellant to file tax return pursuant to Section 148.

Any mark being deceptively similar in respect of identical or similar goods would be contrary to S. 11 of Trademark Act

September 3, 2023 1881 Views 0 comment Print

The Honble High Court while allowing the Petition observed that a trademark being deceptively similar would be hit under Section 11(1)(b) of the Trademark Act, 1999 which prohibits registration of a mark deceptively similar to a mark which is already on the register in respect of identical or similar goods.

Investigation Report under S. 212(13) of Companies Act can only be provided to Concerned Person

September 3, 2023 1890 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that the investigation report cannot be obtained under Section 212(13) of the Companies Act, 2013 if the Person seeking report is not concerned with the case in any manner or in other words, do not comply the mandate of Section 212(1)(a) to (d) of the Companies Act, 2013.

AI cannot be the basis of adjudication of legal or factual issues in a court of law

September 3, 2023 2325 Views 0 comment Print

In present facts of the case, the Hon’ble High court observed that ChatGPT cannot be the basis of adjudication of legal or factual issues in a court of law. AI cannot substitute either the human intelligence or the humane element in the adjudicatory process.

Full Court fees was directed to be refunded in terms of settlement on first date of hearing

September 3, 2023 765 Views 0 comment Print

In present facts of the case the matter was compromised on the first day of hearing wherein the broadcasting of the plaintiff’s jersey was in dispute without the permission of the plaintiff.

TDS u/s 195 not deductible as no income of non-resident is chargeable to tax

September 1, 2023 5271 Views 0 comment Print

Delhi High Court held that since no income chargeable to tax arose in the hands of the non-resident, as per the provisions of the Act, there was no obligation to deduct tax at source under Section 195 of the Act. Accordingly, disallowance u/s 40(a)(i) unjustified.

Claim Refund in Form DVAT-21 If Not Claimed in Return: Delhi HC

September 1, 2023 1203 Views 0 comment Print

Delhi High Court held that as per Rule 34 of the Delhi Value Added Tax Rules, 2005, a claim for refund of tax is liable to be made in Form DVAT-21 only if such a refund is not claimed in the return itself.

Order to cancel GST registration without specifying reason is not sustainable

September 1, 2023 2310 Views 0 comment Print

Singla Exports Vs Central Board of Indirect Taxes And Customs & Ors. (Delhi High Court) In a significant judgment, the Delhi High Court in Singla Exports v. Central Board of Indirect Taxes and Customs & Ors [W.P.(C) 2732 of 2023 dated August 09, 2023] has set aside an automated order which led to the cancellation […]

Appellant Isn’t an Intermediary Without Facilitating Third-Party Services

September 1, 2023 1947 Views 0 comment Print

Delhi High Court rules in Boks Business Services Pvt Ltd Vs CGST on determining ‘intermediary’ under the IGST Act. Understand the principal service provider role.

Entire GST Refund Can’t Be Denied Due to One Supplier’s Irregularity

September 1, 2023 1218 Views 0 comment Print

Analysis of Delhi HC judgment on GST refund where a supplier was found non-existent. A pivotal decision ensuring rightful GST claims aren’t denied.

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