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Delhi HC Quashes Reassessment Due to ITBA Technical Glitches

August 12, 2023 1053 Views 0 comment Print

Analysis of Himanshu Infratech vs ITO case from Delhi High Court. Quashing of reassessment due to delay in issuance notice u/s 148A(b) because of technical glitches on ITBA.

Delhi HC Allows Depreciation on Goodwill created due to amalgamation

August 12, 2023 2694 Views 0 comment Print

Analysis of PCIT vs Eltek SGS Pvt Ltd case. Delhi High Court upholds the allowance of depreciation on goodwill arising from an amalgamation despite no cash payment.

Exemption u/s 10(23C)(iiiac) available when government grant exceeds 50% of total receipts

August 11, 2023 4518 Views 0 comment Print

Delhi High Court held that exemption under section 10(23C)(iiiac) of the Income Tax Act is available when government grant exceeds 50% of total receipts (and not total income) including voluntary contribution.

Tax Fraud Case: Conditional bail granted in absence of justification for further pre-trail incarceration

August 11, 2023 942 Views 0 comment Print

Punjab and Haryana High Court granted conditional bail in case of revenue fraud of more than 4.61 crores as there is no justification for further pre-trial incarceration.

Compounding fee not payable as provision of Legal Metrology Act not violated

August 11, 2023 2160 Views 0 comment Print

Delhi High Court held that as the appellants couldn’t be held to have been violated any provision of the Legal Metrology Act, they shouldn’t be held liable to pay a compounding fee. Compounding fee is not in nature of a tax or duty.

It is mandatory to grant opportunity to cross-examine third party whose statement is relied upon

August 11, 2023 2061 Views 0 comment Print

Calcutta High Court held that as and when statement from the third party recorded under section 108 of the Customs Act is relied upon then the opportunity of cross-examining such person is necessary to be given to the assessee.

Rejection of refund application without granting opportunity of hearing is violative of principle of natural justice

August 11, 2023 1608 Views 0 comment Print

Delhi HC in v Shivbhola Filaments Private Limited. v.  Assistant Commissioner of CGST restored refund application rejected by Adjudicating Authority and held that assessee would not be left unheard.

Madras HC: GST Department to De-Freeze Bank Account on Tax Instalment Payment

August 11, 2023 1518 Views 0 comment Print

Madras HC directs the GST Department to de-freeze N.S. Rathinam And Sons PVT Ltd’s bank account after the first installment of tax is paid.

HC Quashes Appeal as No Incriminating Material Found During Income Tax Search

August 11, 2023 681 Views 0 comment Print

Delhi High Court dismisses the Income Tax Departments appeal against Meera Gupta for Assessment Years 2009-10, 2011-12 & 2013-14, affirming SC ruling.

Delhi HC quashes Reassessment Order Ignoring Assessee’s Response

August 11, 2023 696 Views 0 comment Print

Delhi HC sets aside reassessment order against Riya Gangwani for AY 2019-20, passed without considering the replies. Liberty given to AO for a fresh order.

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