Court : Delhi
..... inconvenienced if the injunction is not granted but the larger public interests in the form of consumer deception which is affected or inconvenienced with the defendant s continuance of the tortious acts of the deceit and therefore, it is well recognized and said that the in the cases involving user of the identical and deceptively similar trade marks, normally the injunction ..... are attempting to enjoy a monopoly for the importation of the patented article, patents granted do not impede protection of the public health and nutrition and should act as an instrument to promote public interest, patents are granted to make the benefit of the patented invention available at reasonably affordable prices are all the considerations ..... a manner conducive to social and economic welfare, and to a balance of rights and obligations; (d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest especially in sectors of vital importance for socio-economic and technological development of india; (e) that patents granted do not in any way prohibit central ..... in the specification; (j) that the patent was obtained on a false suggestion or representation; (k) that the subject of any claim of the complete specification is not patentable under this act; (l) that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise than as mentioned in sub-section (3), before the priority .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)56ITD42(Delhi)
..... would be entitled to verify and satisfy himself whether the profit and loss account so prepared was in accordance with the provisions of parts ii and iii of the sixth schedule to the companies act, 1956 . . . if in a case the assessing officer finds that the net profit was not as shown by the profit and loss account or the profit and loss account was not ..... and loss account maintained by the assessee would be final or whether the profit and loss account should be maintained strictly in accordance with parts i and ii of the sixth schedule to the companies act, 1956.whether profits derived on the sale of capital assets would form part of the business profits in a correctly framed or prepared profit and loss account strictly according to parts i and ii ..... earned by the assessee were shown as part of trading receipts in the profit and loss account prepared not in conformity with parts ii and iii of the sixth schedule to the companies act, 1956, and simply because the accounts were audited under sub-section (5) of section 32ab, the nature of capital gains cannot change and they do not convert themselves into business profits ..... stated in his order, the starting point is the profit as shown in the profit and loss account prepared as per parts ii and iii of the sixth schedule to the companies act, 1956.he also states the following : " sub-section (3) clearly provides that profit of the eligible business means that the profit as is computed in the accounts of the assessee audited according to sub- .....
Tag this Judgment!Court : Delhi
..... time, in the law or taking action against even though there may be some doubt as to whether laches or acquiescence can deny the relief of a permanent injunction, judicial opinion has been consistent in holding that if the defendant acts fraudulently with the knowledge that he is violating the plaintiff's rights then in that case, even if these is an inordinate delay on the part of the plaintiff the defendant, the relief of injunction is not denied. ..... no.16232/2015 in cs (os) no.2368/2015 page 45 of 63 fact, while 9.2 in registering turning point educational testing services private limited (date of incorporation 07.10.2002), as per companies act and rules, the plaintiff would have inevitably come across the name of the defendant company registered in 2001 and thus, they chose to keep a similar name in order to enable passing off as the defendant .77. ..... prior to plaintiff s registration of turning point educational testing services private limited (date of incorporation 07.10.2002), wherein as per the companies act, they must have come across the pre- existing registration of the defendant, and chose to adopt a deceptively similar name for its services. ..... in the case of inordinate delay of laches, as distinguished from the case of an acquiescence, the main prejudice which may be caused to the defendant is that by reason of the plaintiff not acting at an earlier point of time the defendant has been able to establish his business by using the infringing mark. .....
Tag this Judgment!Court : Delhi
..... time, in the law or taking action against even though there may be some doubt as to whether laches or acquiescence can deny the relief of a permanent injunction, judicial opinion has been consistent in holding that if the defendant acts fraudulently with the knowledge that he is violating the plaintiff's rights then in that case, even if these is an inordinate delay on the part of the plaintiff the defendant, the relief of injunction is not denied. ..... no.16232/2015 in cs (os) no.2368/2015 page 45 of 63 fact, while 9.2 in registering turning point educational testing services private limited (date of incorporation 07.10.2002), as per companies act and rules, the plaintiff would have inevitably come across the name of the defendant company registered in 2001 and thus, they chose to keep a similar name in order to enable passing off as the defendant .77. ..... prior to plaintiff s registration of turning point educational testing services private limited (date of incorporation 07.10.2002), wherein as per the companies act, they must have come across the pre- existing registration of the defendant, and chose to adopt a deceptively similar name for its services. ..... in the case of inordinate delay of laches, as distinguished from the case of an acquiescence, the main prejudice which may be caused to the defendant is that by reason of the plaintiff not acting at an earlier point of time the defendant has been able to establish his business by using the infringing mark. .....
Tag this Judgment!Court : Delhi
..... in the course of the assessment proceedings under section 143(3) of the act, the assessee was asked to justify the claim which it did by pointing out that the claim consisted of `1,23,36,086/- being the amount of raw material component and consumables written off and `35,34,537/- being the ..... there is also no dispute that as-2 issued by the institute of chartered accountants of india are binding on both the assessee as well as the tax authorities under section 145 of the act. ..... the assessee is in further appeal before this court under section 260a of the act. .....
Tag this Judgment!Court : Delhi
..... the information called for was to be supplied only on the basis of the figures of income/ expenditure which are already on record and were scrutinised by the transfer pricing officer, he could act upon the same and was under no statutory duty to call for a remand report from the assessing officer or the tpo. ..... the said sub-section is as under: (2a) where the first proviso to sub-section (2) as it stood before its amendment by the finance (no.2) act, 2009 (33 of 2009), is applicable in respect of an international transaction for an assessment year and the variation between the arithmetical mean referred to in the said proviso and the price at which such ..... is that considering the nature of the powers of the transfer pricing officer under section 92c of the act, particularly, clause (c) of subsection (3), the tpo ought to have considered the data relating to the ..... tpo in its transfer pricing report which it was required to submit by section 92e of the act, the assessee chose five comparable companies and the average margin came to 8.37%. ..... in the report submitted by the tpo under section 92ca (3) of the act, he proposed an addition of `2,60,49,881/- on the ground that the commission and service fees received by the assessee from mcj ..... of association gave powers to the assessee to earn interest by making investments is relevant only for the purpose of determining the appropriate head of income under section 14 of the income tax act, 1961 under which the interest would fall to be assessed. .....
Tag this Judgment!Court : Delhi
..... there is a larger public purpose involved to discourage such parties from indulging in such acts of deception and, thus, even if the same has a punitive element, it must be granted.23. ..... pharmaceutical and medicinal products clearly amounts to infringement of the plaintiff s registered trademark pantodac under section 29 of the trade marks act, 1999. ..... plaintiff has further established that the stated trade mark of the plaintiff is a novel, fancy and an invented/coined mark which qualifies as a well known trademark within the meaning of trademark act, 1999. ..... he has also deposed that the long user and a market share in its category has achieved for pantodac immense repute, and qualifying it as a well known trade mark within the meaning of trade marks act 1999.12. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1999)69ITD240(Delhi)
..... it is true that any document, valuable article or thing found in the possession or control of any person during the course of search is limited in its scope and is restricted to proceedings under section 132 of the act but it cannot be said that the aforesaid document is not relevant and cannot be used in the regular assessment proceedings if the facts so warrant. ..... as regards former, the statement of shri gulshan kumar recorded under section 132 (4a) of the act has neither been referred to by the assessing officer nor has been produced by the assessee on the plea that it was not made available to him ..... the statement recorded under section 132(4a) of the act was a relevant document which should be allowed to be placed on record to come to the correct conclusion ..... as per provisions of section 145 of the act what is to be discarded is the method of accounting ..... coming to the second aspect of the issue, under the scheme of act it is the income which is assessable. ..... income is to be computed as per the provisions contained in sections 30 to 43c of the act. ..... and gains of business are to be taxed under section 28 of the act. ..... a part the income if at all assessable has to be computed under different heads as specified in the act. ..... the sole reliance placed on the document completely ignoring the audited accounts of the assessee is certainly not in accordance with the provisions of the act. ..... there was no material brought on record to justify the rejection of the accounts under section 145 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : (1992)103CTR(Del)63; 46(1992)DLT463; 1992(22)DRJ270
..... the rehabilitation or revival of the business of the amalgamating company, then, the central government may make a declaration to that effect, and, thereupon, notwithstanding anything contained in any other provision of this act, the accumulated loss and the unabsorbed depreciation of the amalgamating company shall be deemed to be the loss or, as the case may be, allowance for depreciation of the amalgamated company for the previous year ..... scheme was conditional upon certain approvals being obtained from different authorities, namely, under monopolies and restrictive trade practices act and the foreign exchange regulation act, and it was further provided that the scheme shall be deemed to be effective on the date on which ..... the constitution is to the order dated april 7, 1986, passed by the specified authority, government of india, ministry of industries, department of industrial development, under section 72a of the income-tax act, 1961 (in short 'the act'), whereby it did not recommend to the central government to make a declaration under that section. 2. ..... the conditions as referred to in sub-section (1) of section 72a of the income-tax act, 1961, are fulfillled in view of the following : the requirement that the amalgamating company, ..... stage, to give any finding as to whether the solvency of the company has to be determined by having regard to the depreciation as per the income-tax act or by taking the book value which has been arrived at by adopting the straightline method. .....
Tag this Judgment!Court : Delhi
Reported in : [1972]84ITR106(Delhi)
..... the accounts in respect of the first two contracts were accepted by the authorities under the income-tax act in toto but with regard to the accounts relating to the third contract the income-tax officer declined to accept the assessed's reasons for low profits at the rate of 9% in respect of ..... his judgment' are used only in sub-section (4), the only difference between an assessment under sub-section (3) in a case like the one before them and an assessment under sub-section 1(4) was that the act contemplated a more summary method when the income-tax officer was acting under sub-section (4) and this was by reason of the deliberate default of the assessed.9. ..... addedto nor took anything away from section 23(3) and, thereforee, when anassessment was made under section 23(3) it became incumbent upon theincome-tax officer to draw the assessed's attention to the material onwhich he proposed to act and give him an opportunity to show that theopinion formed by the officer was wrong. ..... the tribunal and directed the following questions to be referred to it:'(1) whether, on the facts and circumstances of the case, the tribunal was justified in holding that the proviso to section 13 of the indian income-tax act, 1922, validly applied to the case ? ..... low profits and absence of a regular stock register were not sufficient reasons or material on the strength of which the accounts of the assessed could be rejected under the proviso to section 13 of the income-tax act and an assessment made therein. .....
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