CL : Where brand name 'Vardhaman' was already registered trade mark of respondent-company and both appellant and respondent companies were doing same business, appellant was to be directed to delete word 'Vardhaman' from its existing name
Sunday, 2 August 2015
No reassessment by AO on change of opinion that profit from share dealings was taxable as business i
IT : Where at time of making assessment, assessee gave complete details regarding name of scrip, purchase and sale quantities, period of holding, selling price etc., Assessing Officer could not initiate reassessment proceedings merely on basis of change of opinion that profit earned on sale of shares taxed earlier as capital gain, was liable to be taxed as business income
Default in payment of ST wasn't bona fide when ST was levied on services from past few years
Service Tax : Since tax on maintenance and repair services was being levied from year 2000 onwards, assessee cannot plead bona fide belief for non-payment of tax during 2005-06 and onwards; said non-payment was wilful and non-furnishing of details in ST-3 returns amounted to 'suppression'
AO couldn't make estimated additions without showing comparable case to justify higher rate of net p
IT : Where Assessing Officer disallowed expenses and estimated income on basis of estimation made in proceeding year, however, it failed to bring on record any comparable case so as to justify higher net profit rate and disallowance of expenses, addition made was to be deleted
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