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Delhi High Court

Plaintiff may not exhaust remedy of pre-institution mediation under S. 12A(1) of Commercial Courts Act, 2015

October 31, 2022 3819 Views 0 comment Print

Delhi High Court held that a suit, which contemplates urgent interim relief, is excluded from the rigor of Section 12A(1) of the Commercial Courts Act, 2015. Thus, a plaintiff seeking to institute a suit involving urgent interim relief(s) is not required to exhaust the remedy of pre-institution mediation.

‘EVEREADY’ A well known Trademark cannot be allowed to be infringed: HC

October 31, 2022 2019 Views 0 comment Print

Sanjay Chadha Trading As M/S Eveready Tools Emporium Vs Union of India & Ors. (Delhi High Court) A well known mark under Section 2(1)(zg) of Trademarks Act cannot be allowed to be infringed Conclusion: Delhi High Court dismissed appeals and restrained appellant from using word ‘EVEREADY’, as the same is a well-known mark due to […]

No protection under Designs Act for a Trade variant which is a combination of known designs: Delhi HC

October 30, 2022 2115 Views 0 comment Print

Delhi High Court restrained Respondents from manufacturing, selling, offering for sale, advertising, importing, exporting or in any manner dealing with products infringing the Subject Design under the Designs Act, 2000 for the main reason that a mere trade variant which is a combination of known designs would not be entitled to protection under the provisions of the Designs Act

HC upheld re-assessment proceeding against alleged bogus LTCG

October 28, 2022 2130 Views 0 comment Print

Vikas Jain Vs ITO (Delhi High Court) In view of the report of DDIT (Inv.) Unit-7(1) and 7(3) Mumbai, shared with the AO which suggests that the LTCG earned by the petitioner in AY 2014-15 was bogus and since, the said LTCG was claimed as exempt income, the AO at this stage, concluded that the […]

AO apologises to HC for delay in deciding stay application as file was not handed over to him by previous AO

October 28, 2022 978 Views 0 comment Print

AGL Logistics Private Limited Vs CIT (Delhi High Court) In this case Assessing Officer  failed to dispose of  stay application dated 10th September, 2021 filed by the Petitioner within four weeks from its filing, as directed by Delhi High Court vide order dated 2nd September, 2021. Assessing Officer states that he could not comply with […]

Amendment of Section 14A which is for removal of doubts cannot be presumed to be retrospective

October 28, 2022 1905 Views 0 comment Print

HC held that amendment of Section 14A, which is for removal of doubts cannot be presumed to be retrospective even where such language is used, if it alters or changes the law as it earlier stood.

Withdrawal of Exemption for use of some part of Naphtha in electricity generation- HC set-aside Tribunal order requiring pre-deposit

October 28, 2022 390 Views 0 comment Print

Rastriya Chemicals & Fertilisers Ltd. Vs Union of India (Delhi High Court) The Appellant is a Public Sector Undertaking and is a Government Company within the meaning of Section 617 of the Companies’ Act, 1956. The Appellant engages in the manufacture of fertilizers and other chemicals, falling under Chapter Heading 29 and 31 of the Central Excise Tariff Act, 1985. The Appellant […]

Section 14A not apply if no exempt income was received or receivable during relevant previous year

October 25, 2022 1665 Views 0 comment Print

PCIT  Vs Delhi International Airport Pvt. Ltd. (Delhi High Court)  present case is covered by the Division Bench judgment in Cheminvest Ltd. vs. CIT, [2015] 61 com 118 (Delhi), wherein this Court has held that the expression ‘does not form part of the total income’ in Section 14A of the Act means that there should […]

Incidental Interest Income eligible For section 10A Deduction

October 25, 2022 930 Views 0 comment Print

Whether ITAT erred in law in deleting addition as Income from Other Sources and holding it eligible for calculation of deduction under Sections 10A and 10B of Income Tax Act, 1961?

HC quashed GST Assessment carried out by Investigating Officer who also Carried Out Search

October 25, 2022 3006 Views 0 comment Print

Swastik Plastics Vs Commissioner of DGST (Delhi High Court) 1. This writ petition came up for hearing for the first time on 05.04.2022, when after hearing the counsel for the parties, we had inter alia recorded the following: “2. This writ petition is directed against the order dated 11.03.2022, passed by the Assistant Commissioner, Delhi […]

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