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Delhi High Court

Framing of block assessment based on only statement recorded u/s 132(4) is unsustainable

November 15, 2022 1416 Views 0 comment Print

Delhi High Court held that AO is not empowered to frame block assessment merely on the basis of statement recorded u/s 132(4) without reference to any other material discovered during the search and seizure operations.

Existence of moratorium ceases once proceedings under IBC culminates

November 14, 2022 1368 Views 0 comment Print

Delhi High Court held that the moratorium will cease to exist once the proceedings under the Insolvency and Bankruptcy Code culminates.

Change of opinion not base for reassessment proceedings

November 14, 2022 1062 Views 0 comment Print

Delhi high court held that there was no new/ fresh material before AO to initiate reassessment proceedings, accordingly, mere change of opinion cannot form the basis for initiating reassessment proceedings

Registrar of Trade Marks has no power to condone delay seeking review after one month of original decision

November 14, 2022 9255 Views 0 comment Print

Delhi High Court held that Registrar of Trade Marks has no power to condone delay in the filing of an application seeking review beyond expiry of one month from date of decision of which review is sought.

Simple change resulting in unpredictable advantages of a product is ‘invention’ under Patents Act

November 14, 2022 1392 Views 0 comment Print

Delhi High Court on the issue of invention under Patents Act, 1970 observed that one of the sure tests in analysing the existence of inventive step would also be the time gap between the prior art document and the invention under consideration. If a long time has passed since the prior art was published and a simple change resulted in unpredictable advantages which no one had thought of for a long time, the Court would tilt in favour of holding that the invention is not obvious.

In absence of provision in agreement with Associated Enterprise, AMP expense cannot be termed as international transaction

November 12, 2022 1968 Views 0 comment Print

Delhi High Court held that Advertisement, Market and business Promotion (AMP) expenses incurred cannot be termed as an international transaction in the absence of any provision for the same in the agreement with Associated Enterprise.

Interim moratorium of one guarantor wouldn’t ipso facto apply against co-guarantor

November 12, 2022 2673 Views 0 comment Print

Delhi High Court held that the interim moratorium under Section 96 Insolvency and Bankruptcy Code in respect of one of the guarantors would not ipso facto apply against a co-guarantor.

Phonetic Similarity could be the ground for restraining the use of trademark

November 12, 2022 3690 Views 0 comment Print

The Delhi High Court observed that on the issue of phonetic similarity in the two trademarks, the test to be applied is of a man of average intelligence and of imperfect recollection. To such a man, the overall structural and phonetic similarity and the similarity of the idea in the two marks is reasonably likely to cause a confusion between them.

Detention order set aside for supply of illegible/ dim/ blank pages of RUDs

November 10, 2022 975 Views 0 comment Print

Delhi High Court granted release from detention to detenu on the ground of supply of illegible/ dim/ blank pages of Relied Upon Documents (RUDs). Detention order set aside.

Delay in payment under Direct Tax Vivad Se Vishwas Act condoned due to occurrence of extraordinary event

November 9, 2022 2841 Views 0 comment Print

Delhi High Court held that delay in payment under Direct Tax Vivad Se Vishwas Act 2020 on account of death of Managing Director of the company deserves to be condoned as the said event is extraordinary and exceptional in nature.

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