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Delhi High Court

Rs. 50 Lakhs limit Not Applicable to section 148A(b) issued within 3 years

October 17, 2022 3963 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) High Court is of the view that the condition precedent of an asset in the form of Rs.50 lakhs is not be attracted to the present case, as the notice under Section 148A(b) of the Act had been issued on 17th March, 2022 i.e. within three years […]

Petitioner has right to get adequate time under Section 148A to respond to SCN

October 17, 2022 1356 Views 0 comment Print

Bird Worldwide Flight Services (I.) Pvt. Ltd Vs DCIT (Delhi High Court) Court is of the view that the Petitioner has a right to get adequate time under Section 148A of the Act to respond to the show cause notice. It is pertinent to mention that Section 148A(b) of the Act permits the Assessing Officer […]

Use of ‘RANJIPAAN’ is infringement of Trademark RAJNIGANDHA: HC

October 15, 2022 2751 Views 0 comment Print

Delhi High Court held that based on principle of initial interest confusion trademark infringement proved for using RAJNIPAAN, similar to take to well-known trademark RANJIGANDHA, even though no actual sale is finally created as a result of the confusion.

Pre-Notice Consultation mandatory under Section 28 of the Customs Act: Delhi HC

October 15, 2022 8019 Views 0 comment Print

In present facts of the case, the Honble Delhi High Court held that the pre-show cause notice consultation is mandatory under Section 28 of the Customs Act, 1962

Benefit of rate reduction under GST is to be passed on to every supply

October 15, 2022 2586 Views 0 comment Print

Delhi High Court held that supplier has to pass on benefit of rate reduction of GST or the benefit of ITC on every supply. The supplier cannot claim that he has passed on more benefit to one customer therefore he could pass less or no benefit to another customer than the benefit which is actually due to that customer.

Refund of IGST allowed on exported goods after deduction of drawback duty

October 14, 2022 3723 Views 0 comment Print

Whether or not refund of IGST on exported goods will be allowed in the present petition after deduction of the drawback duty?

Arbitration – Legal remedy cannot be extended by consent

October 14, 2022 1101 Views 0 comment Print

Extramarks Education India Private Limited Vs Ram School (Delhi High Court) The petitioner’s other objection, that since in its reply dated 31.08.2021 the respondent themselves were willing to accept and had given their consent for appointment of an arbitrator “near to the locality” where the respondents were located, is neither here nor there, since if […]

Section 54 exemption cannot be denied merely for purchase of property in Joint name

October 14, 2022 8775 Views 0 comment Print

Kamlesh Keswani Vs ACIT (Delhi High Court) HC held that petitioner is entitled to claim exemption under Section 54 of the Act on these admitted facts, as the conditions stipulated in Section 54 stand fulfilled. The New Property would be treated as the property purchased by the petitioner in his name and merely because he […]

TP – ALP: Every Assessment Year is A Separate Unit, governed by its own peculiar facts

October 14, 2022 3012 Views 0 comment Print

Court is of the view that every Assessment Year is a separate unit which is governed by its own peculiar facts and difference of opinion between the parties, as to the appropriateness of one or the other methods to calculate arm’s length price, cannot per se be a ground for interference

Modification of arbitral award not allowed due to limited scope of 34 of Arbitration Act

October 4, 2022 5754 Views 0 comment Print

Delhi High Court held that considering the limited scope of judicial review u/s. 34 of the Arbitration Act, court cannot modify the arbitral award by awarding interest to the appellant.

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