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Delhi High Court

HC denies relief from Compulsory 20% deposit in Bogus Cash Credit case

April 19, 2020 1611 Views 0 comment Print

Jindal ITF Ltd. Vs Union of India (Delhi High Court) It is seen that the entities M/s Glebe Trading Pvt. Ltd. and M/s. Danta Enterprises Pvt. Ltd. have been used as conduits in availing unsecured loans covered u/s 68 of the Act. The identity and creditworthiness of the above companies and genuineness of the transaction […]

HC restrains bank from declaring an account as NPA till further order- Covid 19

April 17, 2020 1395 Views 0 comment Print

The issue under consideration is that the petitioner seeks a direction to the respondent not to declare its pending loan accounts as Non Performing Assets (NPA). The petitioner also seeks a direction to the respondent for grant of moratorium of three months to it in terms of circular issued by the Reserve Bank of India(RBI).

No classification as NPA for failure to pay Loan installment due to COVID-19

April 16, 2020 3114 Views 0 comment Print

Learned counsel for the respondent contends that RBI guidelines and package are not applicable to the case of the petitioner, in as much as, the petitioner was already in default as on 01.03.2020 and the package is applicable only to those instalments which fall due on 01.03.2020 and also only to those borrowers who were properly servicing their account till 01.02.2020 and were not in default.

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

April 9, 2020 2556 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 14874 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 3261 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 1095 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 846 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 936 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 23550 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.

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