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Delhi High Court

Restraining exhibition of film post substantial expedition of time, money and effort is unjustified in law

December 22, 2021 1251 Views 0 comment Print

Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court) Facts- In the present case, plaintiff (Sushant’s Singh family) questioned the court to examine the right to privacy of Sushant’s family to prevent the defendants from publishing film on Sushant’s life when the other side contended that the right to privacy of a celebrity extinguishes […]

Transfer Pricing: No penalty for mere difference in level of capacity utilization

December 20, 2021 1821 Views 0 comment Print

It has held that difference in the level of capacity utilization is an accepted principle, though denied in the relevant AY to the respondent. The same cannot, however, tantamount to filing without good faith and due diligence.

HC explains Jurisdiction of Authorities under PMLA & IBC after approval of Liquidation under IBC

December 19, 2021 2862 Views 0 comment Print

Nitin Jain Liquidator PSL Limited Vs Enforcement Directorate (Delhi High Court) A. The Court notes that the reliefs as framed in the writ petition essentially seek a restraint against the respondent from interfering in the liquidation process which had been set in motion. That challenge cannot stand eclipsed merely on account of the issuance of […]

No TDS on payment made to UK company for providing access to software to member firms

December 17, 2021 3786 Views 0 comment Print

Payment received by EYGSL (UK) for providing access to computer software to its member firms of EY Network located in India, that is, EYGBS (India), did not amount to royalty liable to be taxed in India under the provisions of the Income Tax Act, 1961 and the India-UK DTAA as the same did not create any right to transfer the copyright in the software.

Delhi HC dismisses reassessment notices issued after 31.03.2021 in 1346 cases

December 15, 2021 19113 Views 0 comment Print

Mon Mohan Kohli Vs ACIT & Anr. (Delhi High Court) This Court is of the view that as the Legislature has introduced the new provisions, Sections 147 to 151 of the Income Tax Act, 1961 by way of the Finance Act, 2021 with effect from 1st April, 2021 and as the said Section 147 is […]

Uber challenges GST applicability on Auto Rickshaws services

December 15, 2021 2916 Views 0 comment Print

Petitioner submits that the impugned notifications are violative of Article 14 of the Constitution of India as they fail to satisfy the test of reasonable classification. He states that no differentiation in tax treatment can be created between passenger transport services rendered by auto drivers facilitated through e-commerce platforms versus passenger transport services rendered by auto drivers offline.

An organisation is expected to be empathetic to the cause of a pregnant woman

December 14, 2021 3087 Views 0 comment Print

Asia Pacific Institute of Management Vs Office of The Joint Labour Commissioner (Delhi High Court) Maternity Benefit Act, 1961 is a beneficial legislation for the purpose of safeguarding the rights of pregnant women. The provisions of the Act have to be given effect to, in letter and spirit. Technical issues would not come in the […]

No right to challenge search proceedings in case assessee availed benefit of restriction of penalty to 15%

December 13, 2021 1428 Views 0 comment Print

Where assessee availed the benefit of restriction of penalty to only 15% of tax and the seizure of cash was setting off against the outstanding balance amount of GST, interest and penalty, assessee had no right to challenge the concluded search proceedings.

Enable Taxpayer to File Revised TRAN-1 Form Electronically or Manually

December 10, 2021 1185 Views 0 comment Print

Trivedi And Sons Pvt. Limited Vs Union of India (Delhi High Court) The petitioner has attached the screenshot showing the invoices uploaded on the portal. Though the petitioner was unable to file TRAN-1 due to technical glitches, yet the petitioner had filed grievances dated 13th April, 2018 and 20th April, 2018 on the portal. Thereafter, […]

Adjudication of correctness of CA’s report by Disciplinary committee of ICAI, no need once the report passed judicial scrutiny

December 7, 2021 2622 Views 0 comment Print

The court sanctioned the Scheme of Amalgamation vide judgement dated 26.03.2015 and it is apparent that the Court found no fault with or falsity in the report. Once the report passed the threshold of judicial scrutiny, there was no reason why the Disciplinary Committee of ICAI should have adjudicated the correctness or otherwise of the report.

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