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Delhi High Court

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1011 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

India and UAE DTAA not contain any article concerning FTS

January 23, 2023 2289 Views 0 comment Print

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]

VAT on Hiring of Helicopters – Delhi HC to decide

January 23, 2023 885 Views 0 comment Print

Pawan Hans Limited Vs Commissioner of Trade & Taxes (Delhi High Court) The appellant states that it is in the business of chartering helicopters and has entered into agreements with various State Government and public sector entities for hiring of its helicopters. According to the VAT authorities, the agreements entail transfer of the right to […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 477 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

HC allows Govt servant to appear for All India Bar Examination

January 23, 2023 5874 Views 1 comment Print

Delhi High Court grants provisional enrolment to Sandeep, a Delhi Jal Board Senior Assistant, for AIBE-XVII, citing Supreme Court directions. Details of the hearing.

HC directs non-eviction of property owned by Co-Owner of Property under PMLA

January 20, 2023 2229 Views 0 comment Print

Delhi HC allows Sanjay Jain to challenge property attachment. Get insights into the PMLA Appellate Tribunal process. Eviction notices discussed.

Application for cross-examination filed before Adjudicating Authority would be integral part of process of adjudication

January 16, 2023 1458 Views 0 comment Print

Dr. U.S. Awasthi Vs Adjudicating Authority Pmla & Anr. (Delhi High Court) The Petitioner’s contention is that in terms of the Prevention of Money-Laundering (Appeal) Rules, 2005, only orders under Section 13(2) and Section 8 of PMLA are appealable to the Appellate Tribunal. As per the Petitioner, an order passed in an application seeking cross-examination […]

GST: HC refuses to allow presence of Advocate during Statement Recording by DGGI

January 16, 2023 1134 Views 0 comment Print

Ramesh Jethi Vs Directorate General of GST Intelligence (Delhi High Court) 1. This petition is filed with the following prayers:- (a) Issue a Writ of Mandamus directing the officers working under the charge and subordinate to learned Respondent to permit presence of Petitioner’s counsel while interrogating in conformity with the law propounded by the Hon’ble […]

MEIS Benefit cannot be denied for mere non- marking of ‘Y’ against reward column

January 15, 2023 1044 Views 0 comment Print

Petitioner’s intended to take benefit of MEIS scheme. Thus, error of not marking ‘Y’ against reward column is clearly an inadvertent error.

Instructions issued by Revenue Department needs to be aligned with decisions taken by courts

January 14, 2023 1698 Views 1 comment Print

Hero Motocorp Ltd. Vs Union of India & Ors. (Delhi High Court) Instructions issued by Revenue Department needs to be aligned with the decisions taken by the courts and the position of law as declared by the judgments The Hon’ble Delhi High Court in M/s. Hero Motocorp Ltd. v. Union of India & Ors [Review […]

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