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Delhi High Court

CGST Rule 25: Physical verification without the knowledge of Appellant is not valid

May 7, 2022 19431 Views 1 comment Print

Micro Focus Software Solutions India Private Limited Vs Union of India & Anr. (Delhi High Court)  Reply to GST Registration cancellation notice was filed by the petitioner, stating why its registration should not be cancelled. Ignoring the reasons stated the GST Registration certificate was cancelled. Inspection of the premises was carried out by the Authority, […]

AO cannot take different Opinion on Matters involving Similar Facts

May 7, 2022 3744 Views 0 comment Print

PCIT Vs Power Links Transmission Ltd. (Delhi High Court) Undoubtedly, the principles of res-judicata and estoppel are not applicable in taxation matters. However, it has been held that a departure from a finding during the past years would result in a contradictory finding. (See: Commissioner of Income Tax vs. Sridev Enterprises (1991) 192 ITR 165). […]

Court cannot interfere on question of construction of contract which is reasonably interpreted by Arbitral Tribunal.

May 6, 2022 2412 Views 0 comment Print

The impugned award rests on interpretation of certain clauses of the Agreements executed between the parties. As noted above, the question of construction of a contract falls squarely within the jurisdiction of the Arbitral Tribunal.

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

May 6, 2022 1569 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 2295 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 1005 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 2937 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 1722 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 2388 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 3768 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 […]

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