Reassessment Notice Can Be Issued Without Section 148A Procedure For Pre-Sept 2024 Searches: Delhi High Court

The Delhi High Court has held that where a search was conducted between April 1, 2021 and September 1, 2024, the reassessment provisions under Sections 147 to 151 of the Income Tax Act, 1961, as they stood before the Finance Act, 2024 amendment, would continue to apply.The Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta accordingly upheld the issuance of a notice under Section 148 of the Income Tax Act without first following the procedure under Section 148A(b), (c) and (d).The...

Delhi High Court Stays Income Tax Reassessment Against GoDaddy Over 'Over-Zealous' Approach Of AO

The Delhi High Court has stayed income reassessment proceedings initiated against domain registrar GoDaddy.com LLC, observing that the Assessing Officer (AO) was proceeding with an “over-zealous approach” and appeared to be guided by revenue considerations.The Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta observed that the AO had “ignored objectivity and basic tenet of tax adjudication system, being certainty and finality of the assessment proceedings.”GoDaddy's counsel...

Pendency Of Customs Adjudication Process Cannot Justify Provisional Attachment Beyond 12 Months: Madras High Court

The Madras High Court has directed the defreezing of a bullion account belonging to a Chennai-based jewellery exporter.It held that a provisional attachment of a bank account under Section 110(5) of the Customs Act cannot continue beyond the maximum statutory period of 12 months.Justice Hemant Chandangoudar passed the order on a plea filed by Dhruv Jewellers, challenging a communication dated August 4, 2022, issued by the Directorate of Revenue Intelligence (DRI) to the bank directing it to...

Gauhati High Court Bars Coercive GST Recovery During Search, Directs Authorities To Follow Investigation Guidelines

The Gauhati High Court has directed GST authorities not to take coercive steps against a taxpayer for discharge of any liability during an ongoing search and directed them to adhere to the prescribed GST investigation guidelines till the returnable date.Justice Manish Choudhury passed the order while hearing a writ petition filed by Deepak Construction Co., a partnership firm having its principal place of business at Hijuguri, Tinsukia, Assam.The petitioner's principal place of business was...

“Tremendous Pressure” Not Ground: Calcutta HC Refuses To Condon 1,480-Day Income Tax Department Appeal Delay

The Calcutta High Court has refused to condone a 1,480-day delay in filing an income tax appeal, holding that the Income Tax Department cannot explain such an inordinate delay merely by pointing to its heavy workload and the number of matters it was handling.A Division Bench of Justice Rajarshi Bharadwaj and Justice Sudip Deb found that the Department had not shown due diligence in pursuing the appeal. The explanation offered for the delay was not sufficient to justify condoning it.The court was...

Bona Fide Buyer Of Duty-Free Import Licence Not Liable For Exporter's Fraud: Calcutta High Court

The Calcutta High Court has recently held that a bona fide purchaser of a duty-free import licence cannot be made liable for the exporter's fraud when the purchaser had no knowledge of it.It observed that a licence obtained through fraud or misrepresentation is not automatically void or non-existent. Where the licence was genuinely issued by the competent authority and remained uncancelled, it continues to be valid until it is avoided in accordance with law."A bona fide purchaser of a duty-free...

Extending Spouse' Tax Benefit Under IT Act For Same-Sex Couple Would Indirectly Recognise Same-Sex Marriage: Centre Tells Karnataka HC

The Centre on Saturday told the Karnataka High Court that interpreting “spouse” to include same-sex partners under a provision of the Income Tax Act would indirectly recognise a same-sex matrimonial relationship, which is not recognised under Indian law.“Same-sex marriage is not a recognised marriage in the Indian context. So, if we understand spouse to mean same sex people, we indirectly recognise their matrimonial relationship. Therefore, spouse necessarily means husband and wife,” Solicitor...

Madras High Court Grants GRB Dairy Foods Leave To Sue Rival Ghee Brand Over Disparaging Instagram Reel

The Madras High Court has granted GRB Dairy Foods leave to file a suit against Sri Lakshmi Industries, the company behind "NG Ghee," over an Instagram reel that GRB says makes false and disparaging statements about its GRB-brand ghee.Justice K. Govindarajan Thilakavadi passed the order on September 17.GRB Dairy Foods manufactures and markets food products, including ghee, under the "GRB" brand, and claims to have built substantial goodwill over several decades of business. Sri Lakshmi...

Telangana High Court Upholds Injunction Against 'Namaskar Tasty Nutts' In 'Tasty Gold' Trademark Dispute

The Telangana High Court has upheld a temporary injunction restraining edible oil manufacturer Vaidehi Agro Oils from using “Namaskar Tasty Nutts”. The court found that the mark and packaging could confuse consumers into believing that the oil was linked to Sri Tulasi Industries' “Tasty Gold” brand“Most of the targeted consumers would be illiterates and semiliterates and there is every possibility that they would be easily confused to draw a distinction between the oils of the plaintiff's firm...

Digital Film Delivery Does Not Make It 'IT Software': Bombay HC Quashes GST Demand Against Dharma Productions

The Bombay High Court has quashed a ₹12.11 crore GST demand against Dharma Productions over licensing of copyright in cinematographic films, holding that electronic delivery of film content cannot by itself make the transaction one involving “Information Technology Software”. A bench of Justice M.S. Karnik and Justice Sandesh D. Patil was considering whether the manner in which the films were delivered, physically through encrypted hard disks or electronically, could determine their GST...

Arbitration | Supreme Court Asks Law Commission To Examine Uniform Framework For Award Deposits In Appeals

The Supreme Court has asked the Law Commission of India to examine the need for a uniform system governing money deposited with courts and tribunals during appeals.The exercise will cover where such money should be kept, how it should earn interest, and how the deposit and interest should ultimately be adjusted between the parties.The direction came while the top court held that National Seeds Corporation Ltd. remained liable to pay 12% interest on an arbitral award amount despite having...

Trademark Owner As Director Of Applicant Company Not Enough To Seek Rival's Name Change: Kerala High Court

The Kerala High court has quashed two MCA orders directing companies run by Kandamkulathy Francis Paul to change their names after K. P. Pathrose Vaidyan's Kandamkulathy Vaidyasala Pvt. Ltd. sought rectification of their names under Section 16(1)(b) of the Companies Act.Justice Bechu Kurian Thomas held that the company seeking the name changes did not itself hold the registered “Kandamkulathy” trademark. It therefore could not maintain the applications under Section 16(1)(b) of the Companies...