Delhi High Court

Money or payment received in trust and in fiduciary capacity, should not be treated as income

CIT Vs Society for Indian Automobile Manufactures (Delhi High Court)

CIT Vs Society for Indian Automobile Manufactures (Delhi High Court) Ministry had sanctioned Rs.1,474.10 lacs ( including cost of land) for setting up Model Inspection & Certification Centres. The respondent/assessee was to execute this project for and on behalf of the Ministry. The amount received was in form of a financial sanction ...

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CA Final Result: A mistake & error cannot confer a legal right: HC

Milind Aggarwal Vs ICAI (Delhi High Court) (Delhi High Court)

Milind Aggarwal Vs ICAI (Delhi High Court) The dispute relates to the result declared by the respondent-institute. The appellants claim that they had cleared Group I/II as per the result circulated through Whatsapp messages and uploaded on Facebook. They rely on the screenshots. The appellants however accept that as per result uploaded on...

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HC upheld addition for security deposit used as a devise to postpone tax liability

CIT Vs. M/s. Ansal Properties And Industries (Delhi High Court)

One of the most fundamental bases amongst the other important considerations is that if new materials or documents come to light, the assessee’s income can be revisited and additional amounts brought to tax. ...

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To avail benefit of ‘peak credit’ theory Assessee needs to explain all transactions

CIT Vs M/S. JRD Stock Brokers Pvt. Ltd (Delhi High Court)

CIT Vs M/S. JRD Stock Brokers Pvt. Ltd (Delhi High Court) The peak credit worked out by the Assessee was on the basis that the principle of peak credit would apply, notwithstanding the failure of the Assessee to explain each of the sources of the deposits and the corresponding destination of the payment without squaring […]...

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2 Years time limit u/s. 153B applies only to original order and to orders passed after remand

Surendra Kumar Jain Vs Principal CIT (Delhi High Court)

Surendra Kumar Jain Vs PCIT (Delhi High Court) The general provision of two years, in the opinion of the Court, has been provided with one important objective i.e. to cater to a specific situation where upon search and seizure operation, if new material is found, already completed assessments are revisited. Had Parliament not prescribed ...

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CIC Cannot Order Disciplinary Action against Appellate Authority

Mr. T. Sudhakar, Vs Mr. Jasmeet Singh, (Delhi High Court)

Mr. T. Sudhakar, Vs Mr. Jasmeet Singh, (Delhi High Courts) Section 19(1) makes a provision for filing of an appeal if a person is aggrieved by a decision or inaction of the CPIO. The Appellate Authority in sub-section (1) of Section 19 is classified as an officer senior in rank to the CPIO meaning thereby […]...

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Customs Duty payable on Amazon Kindle as it is not a Dictionary

Union Of India & Anr Vs Amazon Seller Services Pvt. Ltd. (Delhi High Court)

Union Of India & Anr Vs Amazon Seller Services Pvt. Ltd. (Delhi High Court) 27. In the present case, the exemption notification was to allow import of ―electrical machines with translation or dictionary functions” at nil rate of duty. In whatever manner we interpret the said words the interpretation should not be irrational an...

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Complete sealing of Premises under GST Act is illegal: HC

Napin Impex Pvt. Ltd. Vs Commissioner of DGST Delhi (Delhi High Court)

M/s. Napin Impex Pvt. Ltd. Vs Commissioner of DGST Delhi (Delhi High Court) The petitioner alleges that its premises were visited by the Revenue authorities on 29.08.2018 when the DGST officials directed production of books of accounts and other documents. Since the petitioner was not in possession of those, it sought 24 hours time for [&...

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Submit details of GST Refund Claimed/Processed/ Paid/ Pending: HC

Sales Tax Bar Association Vs Union Of India(Delhi High Court)

Delhi High Court has asked Central Government to file details of (i) GST Refund applications filed and claimed (ii) refund applications pending with amount claimed (iii) refunds which have been issued and (iv) refunds paid by the Central Government and the State Government and (v) steps taken to remove the alleged grievances....

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Delhi HC allows manual GSTR-3B filing to enable Transitional credit claim

Indusind Media Communications Ltd. & Anr Vs Union Of India & Ors. (Delhi High Court)

Indusind Media Communications Ltd. & Anr Vs Union Of India & Ors. (Delhi High Court) The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; ITC reversed and the net ITC available. As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are [&h...

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