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Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

the impugned orders are perverse? Jurisdiction of CCI to entertain the complaints of Micromax and Intex under the Competition Act, 2002 84. The central challenge in these petitions is to the jurisdiction of the CCI to entertain complaints filed … the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter 'TRIPS'). 122. By virtue of the Patents (Amendment) Act 2002, Section 48 of the Act, which specifies the rights granted to a patentee, was substituted to read as under: … Section 7, Section 8, Section 16, Section 17, Section 18, Section 19(1)(a), Section 21A, Section 26(1), Section 27, Section 28, Section 41(2), Section 43, Section 48, Section 57, Section 60, Section 61 - Patents Act, 1970 - Sections

the Commissioner of Income Tax, Delhi ???Iv Vs. Shiv Raj Gupta

Court : Delhi

Subject : Direct Taxation

and is taxable u/s 28(ii) of the Income-tax Act or same is exempt as capital receipt being non competition fee by executing deed of covenant.‖ (*correcting the typographical error, may be read as ―CDBL‖) 2. The respondent-assessee, … fee under a negative covenant was always treated as a capital receipt till assessment year 2003-04. By Finance Act, 2002, with effect from 1st April, 2003, the said capital receipt is now taxable under Section 28(va) of the

the Commissioner of Income Tax, Delhi ???Iv Vs. Shiv Raj Gupta

Court : Delhi

Subject : Direct Taxation

and is taxable u/s 28(ii) of the Income-tax Act or same is exempt as capital receipt being non competition fee by executing deed of covenant.‖ (*correcting the typographical error, may be read as ―CDBL‖) 2. The respondent-assessee, … fee under a negative covenant was always treated as a capital receipt till assessment year 2003-04. By Finance Act, 2002, with effect from 1st April, 2003, the said capital receipt is now taxable under Section 28(va) of the

All India Tyre Dealers’ Federation Vs. Tyre Manufacturers

Court : Competition Commission of India CCI

Subject : MRTP

Matched in: Court Competition Commission of India CCI

R.K. Swamy Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2004)88ITD185(Chennai)

the amount received under separate agreement for non-competition.4.10 Moreover Sub-clause (va) to Section 28 introduced by the Finance Act, 2002 with effect from 1-4-2003 would strengthen the view of the appellant regarding non-taxability of the receipt of non-compete

Coal India Ltd Vs. Competition Commission Of India

Court : Supreme Court of India

Subject : Land Acquisition

the second appellant, Western Coalfields Limited, a subsidiary company of the first appellant cannot be bound by the Competition Act, 2002 (hereinafter referred to as the ‘Act’). In other words, having regard to the very object and purpose for … Section 32 of the Nationalisation Act, the mining companies cannot be wound up. This stands in contrast to Section 28 of the Act which empowers the CCI to divide enterprises abusing dominant position including adjustment of contracts, formation

Shri Jose C. Mundadan vs.state & Anr.

Court : Delhi

Subject : Land Acquisition

a statutory body established by the Central Government in exercise of its power under Section 7 of the Competition Act, 2002 (“the Competition Act”, for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the … Commission after inquiry into agreements or abuse of dominant position (Section 27); division of enterprise enjoying dominant position (Section 28); orders of Commission on certain combinations (Section 31); acts taking place outside India but having an effect on

Jose C Mundadan vs.govt of Nct of Delhi & Anr

Court : Delhi

Subject : Land Acquisition

a statutory body established by the Central Government in exercise of its power under Section 7 of the Competition Act, 2002 (“the Competition Act”, for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the … Commission after inquiry into agreements or abuse of dominant position (Section 27); division of enterprise enjoying dominant position (Section 28); orders of Commission on certain combinations (Section 31); acts taking place outside India but having an effect on

M/S Rajasthan Cylinders & Containers Ltd vs.competition Commission ...

Court : Delhi

Subject : Land Acquisition

a statutory body established by the Central Government in exercise of its power under Section 7 of the Competition Act, 2002 (“the Competition Act”, for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the … Commission after inquiry into agreements or abuse of dominant position (Section 27); division of enterprise enjoying dominant position (Section 28); orders of Commission on certain combinations (Section 31); acts taking place outside India but having an effect on

Asiatic Industrial Gases Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT

Subject : Land Acquisition

2002, extract of which is reproduced below, which makes it clear that the insertion of Clause (va) to Section 28 was to give certainty to the taxation of such receipts. For the purpose of giving certainty to the … some of the reputed foreign companies entered Indian markets. Due to increased competition the business environment was not conducive for companies who did not have … assessment year 2003-04. 6. The Commissioner (Appeals) ought to have taken into account the Explanatory Notes to Finance Act, 2002, extract of which is reproduced below, which makes it clear that the insertion of Clause (va) to Section