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Delhi High Court

Using registered mark ‘MakeMyTrip’ by booking.com on Google Ads Program would amount to trademark infringement

May 6, 2022 1545 Views 0 comment Print

This Court is prima facie of the opinion that the use of the Plaintiff’s registered mark ‘MakeMyTrip’ on the Google Ads Program as a keyword would amount to trademark infringement.

Delhi HC order directs CBDT to avoid mistakes in faceless assessment orders

May 6, 2022 2277 Views 0 comment Print

PCJ Securities Private Limited Vs ITO (Delhi High Court) 1. This Court is actually surprised that despite an elaborate mechanism of checks and balances and multiple authorities like (assessment units, verification units, technical units, review units, Regional Faceless Assessment Centres and National Faceless Assessment Centre) being set up under Section 144B of the Act, such […]

HC stays attachment of bank accounts of Huawei

May 3, 2022 975 Views 0 comment Print

Huawei Telecommunications (India) Company Pvt. Ltd. Vs DDIT (Delhi High Court) Mr. Datar states that the Respondents have been granted complete access to the Company’s Accounting Enterprise Planning (ERP) system. He states that ERP system is a primary source of transaction undertaken by the Petitioner and comprises of data pertaining to ledger accounts, expenditure, remittances, […]

HC Quashes Section 147 Order passed without disposing Objection of Assessee

May 3, 2022 2895 Views 0 comment Print

Atma Ram Saria Vs ACIT (Delhi High Court) The Supreme Court in GKN Driveshafts (India) Ltd. vs. Income Tax Officer and Ors., (2003) 1 SCC 72 has held that when a notice under Section 148 of the Act is issued, the proper course of action for the noticee is to file a return and if […]

Highly unlikely that BHEL would be engaged in ITC fraud: HC

May 2, 2022 1704 Views 0 comment Print

Bharat Heavy Electricals Ltd. Vs PCIT (Delhi High Court) High Court is of the view that it is highly unlikely that the petitioner i.e. Bharat Heavy Electricals Ltd. (BHEL) would be engaged in input tax credit fraud as alleged by the Respondents. Accordingly, till further orders, no action shall be taken in pursuance to the impugned […]

Delhi HC Quashes Section 148 reassessment Notices issued after 31.03.2021 as per old procedure

May 2, 2022 2373 Views 0 comment Print

Ramesh Arora (Earlier Known As Ramesh Kumar) Vs ITO (Delhi High Court) Learned counsel for the parties admit that as the impugned notices in the present matters have been issued post 31st March, 2021 without following the procedure prescribed in the substituted Sections 147 to 151 w.e.f. 01st April, 2021, the present matters are covered […]

Section 14 of Arbitration Act not Confers Power on Court to Expunge Any Part of order of Arbitral Tribunal

May 1, 2022 3726 Views 0 comment Print

Mr Bhavanishankar H Sharma Vs SRS Private Investment Powai Limited (Delhi High Court) Section 14 of the Arbitration Act based lays down conditions under which the mandate of the Arbitral Tribunal may be terminated. The petition does not satisfy any of the requirements of the conditions contained in Section 14 of the Arbitration Act. Petitioner […]

immunity from penalty cannot be denied for delay/default by Revenue

April 30, 2022 1782 Views 0 comment Print

Nirman Overseas Private Limited Vs National Faceless Assessment Centre Delhi (Delhi High Court) AO issued the impugned order dated 16th March, 2022 denying the immunity from penalty and prosecuting the Petitioner on the ground that since no order under Section 270AA had been passed by the jurisdictional Assessing Officer within the statutory timeline, it may […]

Domain Name Registrars are Intermediaries under Information Technology Act

April 28, 2022 2268 Views 0 comment Print

Domain Name Registrars by the application of the algorithm derived by whom the infringing domain names were becoming available to prospective registrants, would themselves be infringers, within the meaning of Section 29 of the Trade Marks Act, and liable in that regard.

Section 270AA immunity cannot be availed in case of misreporting of income

April 26, 2022 6189 Views 0 comment Print

Ultimate Infratech Private Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) 1. Only in cases where proceedings for levy of penalty have been initiated on account of alleged misreporting of income that an assessee is prohibited from applying and availing the benefit of immunity from penalty and prosecution under Section 270AA. […]

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