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Judiciary

HC Quashes Section 148A(d) Order Based on Cash, Loan & Transaction Records not shared with Appellant

September 11, 2023 585 Views 0 comment Print

In a case involving violation of natural justice, Calcutta High Court sets aside an Income Tax order for assessment year 2019-20. Details inside

HC Dismisses Delayed Revenue Appeal Due to Department’s Lack of Diligence in Filing

September 11, 2023 384 Views 0 comment Print

In a significant decision, the Calcutta High Court dismisses a delayed revenue appeal due to a lack of diligence in filing the appeal within the prescribed timeframe.

Calcutta High Court Dismisses Appeal for Low Tax Effect

September 11, 2023 468 Views 0 comment Print

In a recent ruling, Calcutta High Court dismisses a revenue appeal against K.B. Capital Markets Pvt. Ltd. due to tax effect falling below CBDT Circular threshold.

Co-op Society Eligible for Section 80P(2)(a)(i) Deduction on Interest from Statutory Reserves

September 11, 2023 2553 Views 0 comment Print

Calcutta High Court’s ruling that co-operative societies are entitled to Section 80P(2)(a)(i) deduction for interest earned from statutory reserves, as per Income Tax Act

Unstamped Arbitration Agreements Lack Legal Validity and May Be Impounded

September 11, 2023 1029 Views 0 comment Print

In present facts of the case, the Hon’ble High Court have given observations on the issue of unstamped arbitration agreement. It has been held that an arbitration agreement, which is unstamped, does not exist and an unstamped contract, containing an arbitration agreement, would not exist as it has no existence in law and it has been observed that such agreement would be impounded under Section 33 of the Stamp Act.

Likelihood of confusion among public essential for refusal of Trademark Registration U/s. 11

September 11, 2023 3969 Views 0 comment Print

The Hon’ble High Court observed that for refusal of Registration under Section 11 of the Trademarks Act, it would have to be shown that the marks themselves are confusingly similar to each other, and that, owing to the similarity in the marks and the goods and services which they cover, there is a likelihood of confusion among the public, or a likelihood of the public believing the existence of an association between the marks.

Attachment of bank account and detention of goods without duty demand unjustified

September 11, 2023 825 Views 0 comment Print

Bombay High Court held that attachment of saving bank account and detention of goods in absence of duty demand without service of notice is also without jurisdiction and without any authority of law.

Linear Accelerator merit classification under Heading 9022: CAAR Mumbai

September 11, 2023 882 Views 0 comment Print

A detailed analysis of the Customs Authority of Advance Ruling (CAAR) Mumbai’s order on the classification of Linear Accelerators under heading 9022.

Refund of unutilized Cenvat Credit admissible for export without payment of service tax

September 11, 2023 405 Views 0 comment Print

CESTAT Mumbai held that refund of unutilized Cenvat Credit of input services duly available even if there is export without payment of service tax.

Foil Balloons Made of Nylon/HDPE for Party Decoration – Classification under 9505.9090

September 11, 2023 945 Views 0 comment Print

CAAR held that Foil Balloons are made of Nylon/HDPE not of Latex/Rubber and imported for the purpose of party decoration or entertainment, merit classification under the heading 9505 and specifically under subheading 9505 9090 of the First Schedule to the Customs Tariff Act, 1975.

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