TaxTMI 
TaxTMI 
2015 (12) TMI 711
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....he plaintiff has filed a suit for permanent injunction restraining infringement of copyright (in editorial comments/ headnotes to cases) and unfair competition and for damages etc. against the defendant. 3. Brief facts of the case as per plaint are that the plaintiff is a company incorporated in 1972 under the Companies Act, 1956 and is a leading publisher known for high standard, accuracy and timely publishing of information and whose publications in the field of tax, corporate and commercial laws are well known and popular with its target readership comprising of Chartered Accountants, Cost Accountants, Company Secretaries, Finance, Tax and Legal Professionals, Judicial Officers, students studying for these courses, Enforcement Officials....
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.... defendant in about 1487 cases out of about 2800 cases (with citations) uploaded by it in the last 4 years (that is, on average about 51% for 4 years since 2012 but higher in 2014 and 2015 being about 85%-90% in these 2 years). 6. Thereafter, the plaintiff issued legal notice dated 7th August, 2015 to the defendant which was returned undelivered with the remark 'Party not accepted'. On 7th October, 2015 the plaintiff issued another legal notice to the defendant. However, the defendant failed to comply with the notice. 7. Learned counsel for the plaintiff submits that these editorial comments/case head notes are developed independently by qualified and skilled editorial team consisting of Chartered Accountants, Company Secretaries and law ....
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....ducing it to extent of waived loan invoking provisions of section 43(6)(c)- Whether since there was no sale or discarding or demolishing or destruction of any assets comprising in block of assets during previous year, provisions of section 43(6)(c)(i)(B) could not have been invoked on ground of waiver of loan- Held, yes- Whether further since concept of 'actual cost' as defined under section 43(1) is applicable only in year of purchase of assets, actual cost of Rs. 13.48 crore recorded in 1997-98 could not have been disturbed in 2001-02-Held, yes- Whether in that regard there was a lacuna in law inasmuch as on one hand assessee got waiver of monies payable on purchase of machinery and claimed such receipt to be not taxable in view o....
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....(B) could not have been invoked on ground of waiver of loan- Held, Yes- Whether further since concept of 'actual cost' as defined under section 43(1) is applicable only in year of purchase of assets, actual cost of Rs. 13.48 crore recorded in 1997-98 could not have been disturbed in 2001-02 Held, yes- Whether in that regard there was a lacuna in law inasmuch as on one hand assessee got waiver of monies payable on purchase of machinery and claimed such receipt to be not taxable in view of it being capital receipt and on other hand assessee claimed depreciation on value of machinery for which it did not incur any cost Held, yes Whether, therefore, under law revenue had no remedy and, therefore, disallowance of depreciation could not b....
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....losed investments (Construction expenses) -Assessment year 1992-93 -Assessees jointly constructed a godown and showed certain cost of construction in their returns -Assessments were made accordingly- Thereafter, Assessing Officer reopened assessments on ground that valuation cell of department determined cost of construction at higher figure- He made addition under section 69B of amount of difference between cost of construction admitted in assessment and value determined by valuation cell -Whether reopening of assessment was justified -Held, yes [Para 7][In favour of revenue] Section 254 of the Income-tax Act, 1961- Appellate Tribunal -Powers of (Power to rectify mistake) -Assessment year 1992-93 Whether Tribunal should be deemed to have t....