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Delhi High Court

CIT to examine refund claims with due application of mind & issue the same

April 9, 2020 2535 Views 0 comment Print

Withholding of refund claims should be examined by the Principal Commissioner of Income Tax with due application of mind and the entire exercise should be completed within the period of six weeks and the case of failure of Officers should transmit the amount including the interest to assessee without awaiting any further orders.

Section 44DA prevails over Section 44BB after amendment w.e.f. 01.04.2011

April 6, 2020 14799 Views 0 comment Print

Paradigm Geophysical Pty Ltd. Vs CIT (Delhi High Court) After 01.04.2011, income falling within the scope of Section 44DA (1) of the Act would be excluded from the scope of Section 44BB of the If the income of a non-resident is in the nature of fees for technical services or royalty, it shall be taxable […]

Provision for anticipated Pay Revision is allowable Business Expense

April 5, 2020 3234 Views 0 comment Print

Housing And Urban Development Corporation ltd Vs Add. CIT (Delhi High Court) The pay revision of employees of the appellant, a PSU is due every ten years with the expiry of one wage settlement or agreement. Invariably, there is a time lag between expiry of a wage revision and negotiation of a fresh wage revision. […]

Delhi HC extends all interim orders till 15.05.2020

March 25, 2020 1065 Views 0 comment Print

In view of the outbreak of COVID-19, the functioning of this Court is restricted only to urgent matters vide Notification No.51/RG/DHC/dated 13.03.2020.

Non-filing of return due to Seizure of Document by dept cannot be considered as Wilful

March 18, 2020 828 Views 0 comment Print

The issue under consideration is that the respondent had willfully defaulted in filing a return pursuant to the notices issued under Section 153A of the Act and thus, committed the offence punishable under Section 276CC of the Act.

Interplay between Patents and Tradesecrets

March 17, 2020 909 Views 0 comment Print

Claudio De Simone & Ors. Vs. Acital Farmaceutica SRL. & Ors. (Delhi High Court);  CS(OS) 576/2019, IA No.15741/2019, 17.03.2020 FACTS In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation. The said formulation is highly concentrated bacterial formulation beneficial for pharmaceutical and dietary indications. In the year […]

Rights of Registered Trademark Holder vis-à-vis Prior User of a Descriptive Trademark

March 16, 2020 23478 Views 0 comment Print

In the present case, the Court by its reasoned order had refused to grant an injunction on the basis that the alleged infringing mark is descriptive in nature and does not tarnish the goodwill of the Plaintiff. Also the same is being used as a label by the Defendant and not as a trademark per se.

HC imposes Cost of Rs. 5 Lakh on Assessee for Misleading the Court

March 13, 2020 1410 Views 0 comment Print

Indus Towers Ltd. Vs ACIT (Delhi High Court) The issue raised is that of gross suppression and misstatement by the petitioner, which led to a false projection of the outstanding liability/ refund due from/ to the petitioner.  It is pointed out by Mr. Raghvendra Singh that the petitioner was required to file a consolidated return […]

Service tax is applicable on clubs or associations incorporated prior to 1st July, 2012

March 12, 2020 1605 Views 0 comment Print

Principal Commissioner of Central Tax Vs Indian Medical Association (Delhi High Court) The issue under consideration is that whether service tax is applicable on clubs or associations incorporated prior to 1st July, 2012? The definition of “club or association” contained in Section 65(25a) makes it plain that any person or body of persons providing services […]

Power distribution companies eligible for deduction of efficiency gain amount set apart

March 11, 2020 2181 Views 0 comment Print

DCIT Vs TATA Power Delhi Distribution Ltd. (Delhi High Court) Assessee is under a statutory obligation to set apart 50% of the excess amount generated due to the overreaching of the targets, for the purpose of the consideration of the DERC to fix the future tariffs either  to give relief to the consumers or otherwise. […]

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