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Section 153A: No Additions if no Incriminating Materials unearthed during search

October 18, 2022 1329 Views 0 comment Print

PCIT Vs Gautam Bhalla (Delhi High Court) Appellant states that the ITAT has erred in holding that the addition which was not based on incriminating material found during the search, could not be made the basis for an assessment order under section 153A of the Income Tax Act, 1961 without going into merits of the […]

SARFAESI Act is a code in itself Section 17 Remedy is expeditious & effective remedy

October 18, 2022 18768 Views 0 comment Print

HC observed that SARFAESI Act is a code in itself and remedy provided under Section 17 is an expeditious and effective remedy available to an aggrieved person. The SARFAESI Act under Section 17 provides for an efficacious and efficient remedy to adjudicate the grievances of a borrower and the DRT has the power to determine whether the actions of an ARC are in compliance with the SARFAESI Act.

Contributory negligence plea cannot be taken in case of Injury/Death under Railways Act & compensation has to be made

October 18, 2022 1869 Views 0 comment Print

In present facts of the case, the Hon’ble Delhi High Court while providing relief to the Appellants have observed that any untoward incident i.e. injury or death caused during travelling in Trains have to be compensated by the Railways and the plea of negligence of the victim as a contributing factor will not fall under the proviso to Section 124-A of the Railways Act.

Proceedings u/s 129 of CGST Act invalid due to delay in service of detention order and notice

October 17, 2022 3237 Views 0 comment Print

Madras High Court held that proceedings initiated under section 129 of the CGST Act invalid as detention order and notice was not served within the prescribed time limit.

TPO cannot retain comparables in a summary fashion with no cogent reason

October 17, 2022 786 Views 0 comment Print

PCIT Vs Amway India Enterprises (Delhi High Court) In the present appeal, the learned counsel for the Appellant states that the ITAT erred in confirming the order of the CIT(A) and failed to appreciate the fact that the royalty payment is excessive and not at arm’s length on consideration of Advertisement, Marketing and Promotion (‘AMP’) […]

AO must specify if ITR not been filed by appellant in his Section 148A(b) order

October 17, 2022 1203 Views 0 comment Print

Delhi HC quashes order under Section 148A(d), remands to Assessing Officer. Petitioner to provide sale/purchase deed for fresh decision.

GST Registration cannot be cancelled by Infraction of Rule 25 of CGST

October 17, 2022 1743 Views 0 comment Print

Balaji Enterprises Vs Principal Additional Director General, Directorate General of GST Intelligence & Ors. (Delhi High Court) A perusal of the SCN would reveal, that there is next to nothing stated, as to the reason why the concerned authority proposed the cancellation of registration. As a matter of fact, the concerned authority, ironically, put the […]

HC upheld ITAT order attributing 15% of revenue to PE in India of Travelport L.P. USA

October 17, 2022 1413 Views 0 comment Print

CIT-International Taxation Vs Travelport L.P. USA (Delhi High Court) Learned counsel for the Appellant-Revenue states that the ITAT has erred in holding that only 15% of the revenue is attributable to the assessee’s PE in India by mechanically applying the ratio of the judgment of DIT vs. Galileo International Inc., (2009) 180 Taxman 357 (Delhi) […]

Rs. 50 Lakhs limit Not Applicable to section 148A(b) issued within 3 years

October 17, 2022 3354 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) High Court is of the view that the condition precedent of an asset in the form of Rs.50 lakhs is not be attracted to the present case, as the notice under Section 148A(b) of the Act had been issued on 17th March, 2022 i.e. within three years […]

Petitioner has right to get adequate time under Section 148A to respond to SCN

October 17, 2022 1167 Views 0 comment Print

Bird Worldwide Flight Services (I.) Pvt. Ltd Vs DCIT (Delhi High Court) Court is of the view that the Petitioner has a right to get adequate time under Section 148A of the Act to respond to the show cause notice. It is pertinent to mention that Section 148A(b) of the Act permits the Assessing Officer […]

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