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Judiciary

Transponder services in India is Not in the nature of Royalty & hence Not Taxable 

June 11, 2020 1113 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in holding that the payment for provision of transponder capacity is in the nature of Royalty?

Wrongful Availment of ITC – Anticipatory Bail granted on bond of Rs.10 lacs

June 11, 2020 1794 Views 0 comment Print

The issue under consideration is that the petitioner filed writ petition for seeking grant of anticipatory bail, whether HC allow him the grant or not?

Monopoly cannot be claimed on Words being Common to Trade

June 10, 2020 4614 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 5076 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.

Non-compete fees paid to employee is part of salary & hence Not Taxable in India as per DTAA

June 10, 2020 3780 Views 0 comment Print

The issue under consideration is whether the amount paid to the employees under the non-compete agreement is covered by the expression ‘salary/profits in lieu of salary’ or not? and If not then whether the TDS will be applicable or not?

Penalty proceedings initiated after 4.5 years not sustainable

June 10, 2020 10872 Views 0 comment Print

The issue under consideration is whether the penalty proceeding initiated after 4.5 years from date of original assessment order is justified in lawand also when order was silent about the levy of penalty under section 271B?

No Slump Sale if price based on individual assets & liabilities

June 10, 2020 2157 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?

Penalty can be levied on same ground on which proceedings was initiated

June 10, 2020 1404 Views 0 comment Print

ITAT states that, disclosure of manner in which undisclosed income was earned and substantiating the manner in which undisclosed income was earned are two different things. Hence, there is no clarity in the stand of the Revenue for initiation of penalty under Section 271AAA,

Section 154 Application can’t be rejected when mistake is apparent from record

June 10, 2020 5904 Views 0 comment Print

Merely because assessee has inserted some figures, which are not in coherence with the other figures in the income tax return, there is a mistake apparent from the record, which needs to be rectified. Thus, the lower authorities are not justified in rejecting the application under section 154 of the act of the assessee. Hence, ITAT allow the appeal of the assessee.

HC instructs refund of Service Tax paid under Promoter with interest

June 10, 2020 2376 Views 0 comment Print

The issue under consideration is relating to the writ petition filed for seeking refund of pre-deposit of Service Tax  alongwith interest. Question is whether petitioner will get the refund or not?

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