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Delhi High Court

Sanction u/s 278B mandatory for prosecuting a person for offence u/s 276CC

July 22, 2022 4089 Views 0 comment Print

Held that the department cannot proceed against a person found liable to prosecute him for the offence under Section 276CC of the Income Tax Act, 1961 without sanction under section 278B.

HC deletes penalty for wrong entry by staff due to voluminous transactions

July 21, 2022 876 Views 0 comment Print

Respondent had voluminous transactions, it committed an error while posting the relevant dividend entry, which was covered by one voucher since it was received on the same security.

HC grant Bail to CA in case of alleged negligence in stock audit & Fraud

July 16, 2022 7392 Views 0 comment Print

Since the ex-promoters/directors and similarly situated chartered accountants have been granted bail, there is no reason why the Applicant should be treated any differently. Bail granted

RBI cannot reject remittance on whimsical & arbitrary reasons

July 11, 2022 1917 Views 0 comment Print

Power of RBI to withhold remittance to be made under Automatic route to Wholly owned Subsidiary cannot be used to reject the remittance on whimsical and arbitrary reasons.

HC restrains Rogue Websites from Illegally live streaming various sporting events

July 10, 2022 480 Views 0 comment Print

Culver Max Entertainment Private Limited Vs F1.mylivecricket.live and Ors (Delhi High Court) Defendants No. 1 to 39 are said to be rogue infringing websites engaged in the business of uploading pirated and unlicensed content. Among the various illegal acts done by them is the live streaming of various sporting events. Unauthorized communication/ broadcast to public […]

Non-completion of disciplinary proceedings, after adequate opportunities, untenable

July 7, 2022 5124 Views 0 comment Print

More than adequate opportunities to complete the disciplinary proceedings arising from Departmental Charge Sheet dated 16.07.2015 had been granted by the CAT firstly in 2016, and then again in 2020. Extension rightly not granted

Section 9 – A&C Act – Specific performance of contract cannot be directed

July 6, 2022 2865 Views 0 comment Print

Power under Section 9 could only be exercised for preservation of the subject matter of the dispute till the decision of the Arbitral Tribunal and scope of relief under Section 9 of the Arbitration and Conciliation Act, 1996 Act could not be extended for directing specific performance of the contract.

HC Orders Blocking of Website ‘myvoltascare.com’ for Trademark Infringement

July 2, 2022 459 Views 0 comment Print

Voltas Limited Vs Ashok Kumar (Delhi High Court) It has been submitted that the present suit has been filed seeking permanent injunction restraining Defendant No. 1 from infringing the plaintiff‟s registered trademark(s) through use of the registered and well-known trademarks VOLTAS and/or the VOLTAS Logo on the website www.myvoltascare.com, passing off the Impugned Website as […]

HC stays Income tax demand & penalty made in contravention of NCLT order

July 1, 2022 615 Views 0 comment Print

Petitioner states that impugned order and consequential notices of demand and penalty raising a demand of income tax amounting to Rs. 48 crores are in complete contravention of the order passed by NCLT

Right to reply to SCN cannot be denied for 1 day delay in adjournment request

June 30, 2022 2232 Views 0 comment Print

Ernst And Young U.S. LLP Vs ACIT (Delhi High Court) Court is of the view that the Petitioner-Assessee has a right to get adequate time in accordance with the Act to submit its reply. Section 148A(b) permits the Assessing Officer to suo moto provide up to thirty days period to an assessee to respond to […]

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