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Delhi High Court

In case of mixed funds investment must be considered to be out of interest free fund

September 25, 2022 699 Views 0 comment Print

Where assessee has mixed funds (made up partly of interest free funds and partly of interest bearing funds) and payment is made out of mixed fund, the investment must be considered to have been made out of interest free fund.

GST Registration: Not issuing notice for physical verification amounts to violation of principle of natural justice

September 23, 2022 3537 Views 0 comment Print

High Court held that non supply of notice for physical inspection during the search proceeding, before issuing an order, will be termed as violation of principle of natural justice.

Ad-interim injunction provided against the use of name TATA

September 22, 2022 666 Views 0 comment Print

Held that ad-interim injunction provided from the use of TATA in website tatabonus.com; crypto products by the name of $TATA or any other product being sold on the website www.hakunamatata.finance.

Huawei Tax Evasion Case: Delhi HC Allows CEO to Travel Abroad

September 22, 2022 2409 Views 0 comment Print

Deputy Director of Income Tax (INV) Vs Xiongwei Li (Delhi High Court) The proforma for issuance of the Look Out Circular indicates the nationality of the respondent to be that of China. As per the communication dated 19.2.2022 apart from the aspect of M/s Huawei Telecommunications (India) Company Private Limited (HTICPL) and M/s Huawei Technologies […]

RBI has power to regulate Payment Aggregators vis a vis Payment and Settlement Systems Act, 2007: HC

September 21, 2022 1602 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that Payment Aggregators would fall under Payment and Settlement Systems Act, 2007 as Payment Aggregator ensures that the money is transferred to the designated nodal account, and after a gap of a stipulated timeframe, which the petitioners say is three days, a settlement takes place and funds are transmitted to the merchant’s account.

NOC of registrar mandatory to obtain copyright registration of an artistic work

September 20, 2022 4677 Views 0 comment Print

As per the scheme of the Copyright Act, 1957 in order for any person to obtain copyright registration of an artistic work, which is being used or is capable of being used in respect of goods and services, the NOC is mandatorily to be obtained under the proviso of Section 45(1) of the Copyright Act, 1957.

Documents related to issuance of notification under UAPA are exempted under RTI Act

September 20, 2022 492 Views 0 comment Print

Ehtesham Qutubuddin Siddique Vs CPIO, Ministry Of Home Affairs (Delhi High Court) Petitioner sought information by way of RTI application requiring disclosure of the proposal and all documents in the Department’s file regarding issuance of the notification under Section 45(1) of the Unlawful Activity (Prevention) Act 1967 (UPPA, 1967).  CIC while upholding the view taken […]

HC directs blocking of website https://india-mart.co for fraudulent activities

September 20, 2022 1590 Views 0 comment Print

HC held that domain name https://india-mart.co/ shall be immediately blocked. MeitY/DoT to issue blocking orders within 24 hours from receipt of present order.

ITAT allows additional ground regarding treatment of subsidy – HC confirms

September 19, 2022 948 Views 0 comment Print

PCIT Vs Crystal Crop Protection Pvt. Ltd. (Delhi High Court) The department has reiterated its objection to the ITAT admitting additional ground raised by the assessee regarding the treatment of subsidy. However, in the impugned order, the ITAT has given detailed reasoning for permitting the additional ground after relying upon the judgments of the Supreme […]

Section 206AA cannot have overriding effect on DTAA

September 19, 2022 2526 Views 0 comment Print

CIT International Taxation Vs Air India Ltd. (Delhi High Court) Whether ITAT has erred in holding that the rate of deduction of tax in the case of a non-resident who does not have a PAN and whose case does not lie in the exceptions laid down in Sub-Section 7 of Section 206AA of the Act […]

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