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ISKCON is a well-known trade mark & use by others of if it is Misuse: HC

June 26, 2020 1983 Views 0 comment Print

At the outset, it is important to note that the claim of the Plaintiff that ISKCON is a well-known trade mark is not disputed by the Defendant. It is clear that ISKCON is a coined trade mark of the Plaintiff, that is to say that the said term ISKCON did not exists prior to the Plaintiff’s adoption and use of the same.

Pivotal Infrastructure guilty of profiteering; Pass ITC benefit to Customers: NAA

June 26, 2020 1125 Views 0 comment Print

Smt. Honey Macker Vs M/s Pivotal Infrastructure Pvt Ltd. (National Anti-Profiteering Authority) Applicants, the Respondent and the other material placed on record and find that the Applicant No. 1 vide her complaint dated 03.08.2018 had alleged that the Respondent was not passing on the benefit of ITC to her in spite of the fact that […]

Vijetha Supermarkets guilty of profiteering: NAA

June 26, 2020 1137 Views 0 comment Print

Shri M. Srinivas Vs Vijetha Supermarkets Pvt. Ltd. (National Anti-Profiteering Authority) The Applicant had alleged that the Respondent had not reduced the selling price of the “Frozen Green Peas”, when the GST rate was reduced from 5 % to Nil w.e.f. 01.01.2019 with denial of Input Tax Credit, vide Notification No. 25/2018-Central Tax (Rate) dated […]

NAA directs reinvestigation as it found profiteered amount computed as incorrect

June 26, 2020 591 Views 0 comment Print

Rahul Sharma Vs Mataji Paints and Hardware (NAA) Facts of the Case: The brief facts of the case are that an un­dated application was filed before the Standing Committee on Anti-profiteering, under Rule 128 of the Central Goods and Services Tax (CGST) Rules, 2017 by the Applicant No. 1 alleging profiteering by the Respondent. The […]

HC stays Interest, Penalty & Investigation imposed by NAA in Phillips India case

June 25, 2020 1284 Views 0 comment Print

Writ petition is filed for challenging order passed by National Anti-Profiteering Authority under CGST Act. HC approved Stay Application for Interest, Penalty & Investigation levied by Anti-Profiteering Authority

Transfer of land held as stock on HUF partition not amounts to conversion into Capital Asset

June 25, 2020 2157 Views 0 comment Print

The issue under consideration is whether land held as stock, transferred upon HUF – partition, tantamount to conversion into capital asset for the purpose of imposing a capital gain tax?

Permitting delinquent Employee to Continue at Same Place is not in Public Interest

June 25, 2020 3519 Views 0 comment Print

The issue under consideration is whether person is entitled to continue at the same place where he was posted at the time of passing the suspension order and committing the alleged misconduct?

EMAAR MGF guilty of profiteering of Rs. 19 crores: NAA

June 25, 2020 1518 Views 0 comment Print

Sh. Puneet Bansal Vs Emaar MGF Land Ltd. (National Anti-Profiteering Authority) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 8.73% of the turnover during the period from July, 2017 to March, 2019 and hence the provisions of Section 171 of […]

Section 10A benefit allowed on Enhanced Income pursuant to MAP Resolution

June 24, 2020 1794 Views 0 comment Print

Dell International Services India Private Limited v. DCIT (ITAT Bangalore) Benefit of Section 10A of the Act is Allowed on Enhanced Income Pursuant to Mutual Agreement Procedure (MAP) Resolution Outcome: In favor of Assessee Facts: 1. During the relevant year, the assessee has provided ITeS and Software Development Services (SWD) of INR 629,43,81,078 and INR […]

Section 271(1)(c) Notice should clearly specify charge of Penalty

June 24, 2020 2376 Views 1 comment Print

ITO Vs Shri Bimal Talukdar (ITAT Guwahati) The issue under consideration is whether the penalty proceeding u/s 271(1)(c) initiated by the AO sustain Under Income Tax Law? In the present case, the ITAT earlier had allowed the appeal of the assessee and cancelled the penalty levied u/s. 271(1)(c) of the Act by taking note of […]

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