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Delhi High Court

Re-assessment proceedings against non-existent entity – HC remands matter back to AO

November 3, 2022 741 Views 0 comment Print

Re-assessment proceedings were sought to be initiated against a non-existent company as it had amalgamated with Petitioner and income of assessee had already been accounted for in books of accounts of Petitioner.

An arbitral award which rewrites contract is liable to set aside

November 2, 2022 1542 Views 0 comment Print

Delhi High Court held that rewriting of a contract between two parties, especially a commercial contract, is completely impermissible in law. Accordingly, an arbitral award which rewrites the contract is bound to be set aside.

Import of firearms duly permissible under the Arms Act

November 1, 2022 12012 Views 0 comment Print

Delhi High Court held that import of firearms is not prohibited the Arms Act and also there is no restriction that import is permissible only if the parts cannot be manufactured locally. Accordingly, it was directed to release the goods so imported.

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

October 31, 2022 3876 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 2067 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 2136 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 2205 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 1005 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 1920 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 420 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 […]

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