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Delhi High Court

Writ not maintainable as order passed by Adjudicating Authority is appealable before Appellate Tribunal

November 1, 2023 783 Views 0 comment Print

Delhi High Court held that writ petition filed is not maintainable as per provisions of section 26 of the Prevention of Money Laundering Act, 2002 (PMLA) an appeal is to be filed before the Appellate Tribunal against any Order passed by the Adjudicating Authority.

Commissioner Cannot Condone Customs Act Appeal Delay Beyond 30 Days: HC

November 1, 2023 882 Views 0 comment Print

Delhi High Court ruling: Commissioner/Appellate Authority cannot condone Customs Act appeal delay beyond 30 days. Analysis of Section 5 of Limitation Act.

Delhi High Court Upholds Exclusion of Comparables in Transfer Pricing Case

October 31, 2023 972 Views 0 comment Print

Delhi High Court upheld the exclusion of comparables due to functional dissimilarity and significant turnover differences. Analysis of the PCIT vs. Qualcomm India Pvt Ltd case.

Disallowance u/s 14A cannot be more than exempt income

October 31, 2023 639 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that the disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

Section 205 restricts direct demand where TDS is deducted from income

October 30, 2023 4299 Views 0 comment Print

Delhi High Court held that section 205 of the Income Tax Act puts a bar on direct demand against the assessee to the extent where TDS is deducted from his income. It is irrelevant whether TDS is deposited or not and whether Form No. 16A is issued or not.

Bail on medical ground not granted as treatment can be provided to applicant in jail

October 30, 2023 1206 Views 0 comment Print

Delhi High Court rejected granting of bail on medical ground stating that he applicant is not suffering from any life threatening condition or sickness or infirmity which involves danger to his life and for which treatment cannot be provided to the applicant in jail.

Order rejecting GST refund for non-receipt of lease rental passed without considering contention remanded back

October 30, 2023 573 Views 0 comment Print

Delhi High Court concluded that Appellate Authority failed to consider the contention of the petitioner that there was no supply of service via-a-vis refund of GST. Accordingly, matter remanded to Appellate Authority.

Entertainment tax payable on organizing trade fairs at Pragati Maidan

October 30, 2023 453 Views 0 comment Print

Delhi High Court held that the respondent organizing trade fairs at Pragati Maidan, New Delhi is liable to pay entertainment tax. Accordingly, order passed by Financial Commissioner setting aside levy of entertainment tax held unsustainable.

IGST Refund Approved for Telecommunication Services to FTOs

October 28, 2023 549 Views 0 comment Print

Delhi High Court held that refund of Integrated Goods and Services Tax (IGST) in respect of telecommunication services rendered to inbound subscribers of Foreign Telecom Operators (FTOs) granted.

Travel Permit Denied Due to ₹115 Crore Money Laundering Arrest under PMLA Act

October 26, 2023 687 Views 0 comment Print

Assessee was denied travel permission as it was a case related to arrest under the Prevention of Money Laundering Act, 2002 (PMLA Act) on 115 crores money laundering Case and assessee was seeking permission to travel abroad was allegedly to undergo, “Prophylactic Laser Retinopexy which was widely available in India, therefore, there was no ground to consider the prayer for travel abroad of assessee.

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