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Delhi High Court

No infringement of copyright on Photocopy of copyrighted study material for educational activities

September 16, 2016 2929 Views 0 comment Print

HC held that photocopying the selected or even substantial parts of purchased books by the University to be used by the students and teachers in educational activity shall not be infringement of copyright as per Sec 52(1)(i).

Assessment proceedings invalid against company which got amalgamated with other company on a date prior to search

September 11, 2016 1948 Views 0 comment Print

High court held that assessment proceedings to be invalid against the assessee in those cases where the assessee ceased to have legal existence on account of amalgamation with another entity on a date even prior to search. Because when the assessee ceased to have existence even on the date of search, no notice as a result of search can be issued in its name.

Arrest of MakeMyTrip officials was illegal and unconstitutional: HC

September 1, 2016 7269 Views 0 comment Print

Makemytrip (India) Pvt Ltd. Vs Union of India & Ors. (Delhi High Court) (i) The scheme of the provisions of the Finance Act 1994 (FA), do not permit the DGCEI or for that matter the Service Tax Department (ST Department) to by-pass the procedure as set out in Section 73A (3) and (4) of the […]

ICSI cannot charge fees for answer sheet copies in excess of Fees provided under RTI Act, 2005

August 30, 2016 4930 Views 2 comments Print

A division bench of Delhi High Court held that the demand of the institute i.e., ICSI, asking students for a fee of INR 500 per subject/answer book for obtaining certified copies is not sustainable.

Information which is otherwise available in public domain cannot be considered as confidential

August 29, 2016 6646 Views 0 comment Print

Delhi HC in the above cited case held that an employee cannot be restrained from competing with its former employer provided he/she is not using the confidential information of employer.

Delhi HC- situs of an intangible asset is the situs of owner

August 25, 2016 8237 Views 0 comment Print

Delhi High Court has held that the situs of an intangible asset is the situs of the owner of that asset and therefore the transfer of such asset by a non­resident would not be taxable in India even if the asset was being commercially used in India.

HC held CA Guilty of Misconduct for non detection of Fraud

August 12, 2016 11518 Views 0 comment Print

The respondent admitted that the firm J.S.Bedi & Co. was charged with the concurrent audit for the period in question and that it had carried out the concurrent audit under his supervision but denied any fraud perpetrated for the period of the audit. But surprisingly it was also simultaneously pleaded that the purported frauds began in July, 2002 and continued till April, 2005 and went undetected

Service Tax on Short Term Hotel Accommodation Unconstitutional: HC

August 12, 2016 10276 Views 0 comment Print

Issue Before Court The challenge in this petition under Article 226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in any part of its establishment serving food […]

Service Tax on alcoholic liquor manufacture on job work basis for human consumption valid: HC

August 5, 2016 6871 Views 0 comment Print

Service Tax on manufacture of alcoholic liquor for human consumption on job work basis with effect from 1st June 2015 is Constitutionally Valid: Delhi High Court. Issue Under Consideration These are three petitions filed under Article 226 of the Constitution of India challenging the constitutional validity of Section 66B of the Finance Act, 1994 („FA […]

Power of attorney cannot insist on continuance as attorney

July 30, 2016 21066 Views 0 comment Print

A power of attorney cannot insist on continuance as the attorney for the principal. If the principal does not desire the power of attorney to continue to represent the principal, the authorisation can always be revoked/terminated/withdrawn.

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