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High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

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Non-Compliance with Section 38(3)(a)(ii) Delhi Value Added Tax Act, 2004, : Unjustified Retention of Refund Amounts

Examining the violation of refund processing timeline and the implications on the adjustment of default notices. The case revolves around the issue o...

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Supreme Court Quashes Adverse Remarks and Costs Against Tax Officer in UP VAT Act Case Due to Violation of Natural Justice. High Court's Findings on Ex Parte Assessment and Service of Notice Upheld, but Ancillary Strictures and Penalties Set Aside for Lack of Hearing Opportunity.

The Supreme Court addressed appeals by a tax officer challenging adverse observations, remarks, and costs imposed by the High Court of Judicature at A...

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Bombay High Court Dismisses Condonation of Delay in Filing Written Statement in Commercial IP Suit — Delay of 410 Days Not Sufficiently Explained. Policy Changes and Preoccupation of Legal Team Held Not to Constitute Sufficient Cause Under Order VIII Rule 1 CPC.

The case involves a commercial IP suit filed by Metro Shoes Ltd (Plaintiff) against Flipkart India Pvt. Ltd. and Tech-Connect Retail Pvt. Ltd. (Defend...

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Bombay High Court Dismisses Appeal in Trademark Dispute Over Perfume Names 'Legend' and 'Flirt'. Court finds no deceptive similarity as marks are common dictionary words used with house marks and no evidence of passing off.

The appellant, MESO Private Limited, manufactures and sells cosmetic products including perfumes under the trademarks 'Legend' and 'Flirt'. The respon...

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NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...