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Delhi High Court

Interference with finding of fact not warranted if it involves re-appreciation of evidence: HC

November 23, 2021 1341 Views 0 comment Print

PCIT Vs Shailja Pasricha (Delhi High Court) Assessing Officer had in fact invoked Section 50C of the Act claiming that the sale consideration of Rs. 18 Crores received by the respondent was below the Circle Rate. This was clearly ignoring the fact that the sale consideration was in fact Rs. 35 Crores. The CIT(A) and […]

Non issuance of Form ‘F’ on Inter-State Stock Transfers due to default in paying Central Sales Tax

November 21, 2021 3693 Views 0 comment Print

HDFC Bank Limited Vs Commissioner DVAT of Trade And Taxes & Anr (Delhi High Court) Conclusion: Form ‘F’ was not issued in respect of inter-state stock transfers by assessee-bank due to default in paying Central Sales Tax and the order of Supreme Court restraining the respondents from taking any kind of coercive action against assessee […]

An Advocate cannot act in dual capacity for his client i.e. power of attorney holder & Advocate

November 17, 2021 5337 Views 0 comment Print

Delhi High Court ruling on advocates as power of attorney holders. Amarjeet Singh Sahni’s dual role clarified. Settlement reached in property dispute. Details of MoU considered.

Stay under Section 124 is available against infringement of registered trade mark & not against passing off

November 17, 2021 4563 Views 0 comment Print

Praveen Kumar Gupta Vs. Ravi Chadha and Ors. (Delhi High Court) Stay under Section 124 of the Trade Marks Act, 1999 is available against infringement of registered trade mark and not against passing off In the matter of Praveen Kumar Gupta Vs. Ravi Chadha and Ors. [CM (M) 428/2021, CMAPPL. 20526/2021] dated 06th August 2021, […]

Liability of ensuring that keyword is not an infringement of trademark lies on Google

November 13, 2021 3105 Views 0 comment Print

DRS Logistics (P) Ltd. Vs Drs Logistics (P) Ltd. (Delhi High Court) Facts- An application seeking ad interim ex parte injunction was filed by the plaintiffs against Google India, Google LLC and Just Dial restraining them from using or permitting third parties to use plaintiffs’ registered trademark AGARWAL PACKERS & MOVERS or DRS LOGISTICS either […]

Forwarding of documents immediately by ED to AA after order of freezing passed under PML Rules

November 13, 2021 4068 Views 0 comment Print

Since none of the other relevant material, which was the basis of the seizure under Section 17(1A) and the complaint under Section 17(4) of the PMLA were supplied to assessee, as the same were not even supplied by the ED to the AA. Thus, ED should forward a copy of the documents to the Adjudicating Authority immediately after a freezing order under PML Rule.

HC directs AO to pass reasoned order after affording opportunity of hearing

November 11, 2021 1281 Views 0 comment Print

Umkal Healthcare Pvt. Ltd. Vs National Faceless Assessment Centre & Anr. (Delhi High Court) Since in the present case no hearing had been granted before passing the impugned assessment order, there is a violation of principles of natural justice as well as mandatory procedure prescribed in ‘Faceless Assessment Scheme’ and stipulated in Section 144B of […]

No bail to person alleged of fraudulently inducing people to invest in Crypto Currency Chit Fund

November 5, 2021 2193 Views 0 comment Print

Grant of bail was refused as applicant did not return the amounts due to the complainants and there was a breach of trust and faith and was against the national economy and national interest, whereby a large number of innocent investors had been duped of their hard-earned money.

Tribunal can also amend its order for mistake of counsel for parties

October 31, 2021 2799 Views 0 comment Print

Federal Mogul Goetze (India) Limited Vs ACIT (Delhi High Court) It is our view that, the power available to the Tribunal under sub­section (2) of Section 254 of the Act is not limited to a mistake committed by the Tribunal. The amendment to the order of the Tribunal can also be made, if it is […]

Writ not maintainable if statutory alternative remedy available at NCLAT

October 28, 2021 3564 Views 0 comment Print

Sunil Tandon Vs Union of India (Delhi High Court) Conclusion: Writ petition was not maintainable on account of the alternative statutory remedies available to assessee before NCLT/ NCLAT . Held: Assessee approached High Court on the ground that under the proviso to Section 241(2), it was only the Principal Bench of NCLT at Delhi which […]

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