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Madras High Court

Cenvat Credit refund denial for Mere Non-Registration of Premises is unjustified

July 10, 2020 807 Views 0 comment Print

The issue under consideration is whether denial of a refund of Cenvat credit for mere non-registration of Premises is justified in law? learned Tribunal held that refund claimed by the Assessee on Cenvat Credit cannot be disallowed merely because the premises in question was not registered with the Revenue Department.

Prior to A.Y. 2015-16 word ‘a’ employed under Section 54 can include plural residential houses

July 10, 2020 1860 Views 2 comments Print

If the word ‘a’ as employed under Section 54 prior to its amendment and substitution by the words ‘one’ with effect from 01.04.2015 could not include plural units of residential houses, there was no need to amend the said provisions by Finance Act No.2 of 2014 with effect from 01.04.2015 which the Legislature specifically made it clear to operate only prospectively from A.Y.2015-2016.

Land owner can claim Section 80-IB(10) despite no expense on Housing Project

July 8, 2020 3264 Views 0 comment Print

The issue under consideration is whether Tribunal was correct and justified in directing the AO to allow deduction under section 80-IB(10) to assessee land owner when it had not incurred any expenses towards development or construction of the housing project?

Fake ITC: HC modifies Bail Conditions considering COVID-19

June 30, 2020 1302 Views 0 comment Print

HC modify Conditions of Bail considering the inability of accused to comply with same due to COVID-19.

Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

June 24, 2020 7014 Views 0 comment Print

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total income […]

Section 80IB: Tax Holiday cannot be granted on Bogus transactions

June 14, 2020 1299 Views 0 comment Print

ITAT states that, it has to be pointed out that any tax holiday can be granted to a person who declares a truthful return. It cannot and should not be granted to the person who claims that he purchased medical equipments in the guise of treating poor persons and it is subsequently found that the entire transaction is bogus.

Monopoly cannot be claimed on Words being Common to Trade

June 10, 2020 4527 Views 0 comment Print

In the present case, the dispute arose for the aforementioned reason as it is the case of the Plaintiff that the adoption of the deceptively similar expression Magical Masala by the defendant in the year 2013 for marketing their noodles amounts to passing-off.

Sunfeast -Maggi Dispute – No Monopoly on word ‘Magic’, ‘Masala’

June 10, 2020 5016 Views 0 comment Print

The word Magic is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly over the said word Magic or Magical or their derivative as they are common to the trade. Therefore, it is incapable of being monopolised by any trader.

No Slump Sale if price based on individual assets & liabilities

June 10, 2020 2121 Views 0 comment Print

The issue under consideration is whether ITAT was right in law in holding Section 50B i.e slump sale was not applicable in present case of assessee?

Stay of Demand- AO must consider prima facie case, Financial Stringency & Balance of Convenience

June 6, 2020 5199 Views 0 comment Print

The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of heard is justified in law?

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