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NCLAT Considers Appeal Against NCLT Order Dismissing Application to Prevent Deduction from Resolution Plan Payout in CIRP of Amtek Auto Limited. CoC's Commercial Wisdom Under IBC and Permissibility of Deduction for Pre-CIRP Recoveries Examined by Appellate Tribunal.

(1) Background: The appeal arises from the Corporate Insolvency Resolution Process (CIRP) of M/s. Amtek Auto Limited, initiated on 24 July 2017 on an ...

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Supreme Court Dismisses Assessee's Appeal: Profit from Share Sales Held as Trading Income, Not Capital Gain. Purchase and Quick Resale of Shares with Borrowed Funds and Debiting Interest as Revenue Expenditure Indicated a Well-Planned Scheme to Earn Profits under the Income Tax Act, 1922.

The assessee firm, Juggilal Kamlapat, Kanpur, was engaged in promoting companies and financing sister concerns of the J.K. Group. During the assessmen...

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Bombay High Court Adjudicates Upon Challenge to Pre-Deposit Order and Validity of Explanation to Schedule Entry A-45 of MVAT Act, 2002. The Petition Seeks Quashing of Assessment and Pre-Deposit Orders for Pan Masala Containing Tobacco Exemption Denial and Striking Down of Discriminatory Notification.

The petitioner, M/s. Ghodawat Energy Pvt. Ltd., a manufacturer of pan masala with and without tobacco, challenged the levy of VAT on pan masala contai...

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Bombay High Court Quashes Reopening of Assessment Under Section 147 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Deduction Under Section 80M Allowed Based on Dividend Distributed Before Due Date.

The petitioner, Godrej Agrovet Limited, a domestic company, filed its return of income for Assessment Year 2003-04 on 27th November, 2003 declaring an...

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Bombay High Court Dismisses Interim Injunction Application in Passing Off Action Over Mark 'Indiacom' vs 'Indicom'. Court Holds That Plaintiff Failed to Establish Prima Facie Case of Passing Off or Deceptive Similarity Between 'Indiacom' and 'Indicom', and Balance of Convenience Favoured Defendant.

The dispute arose from a passing off action filed by Indiacom Limited (plaintiff) seeking to restrain Tata Teleservices Ltd. and others (defendants) f...

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Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...