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Delhi High Court

Section 264: CIT must Correct Errors by Authorities or Assessees to Provide Relief

February 20, 2025 813 Views 0 comment Print

Delhi HC clarifies the wide scope of Section 264 of the Income Tax Act, emphasizing that the Commissioner must address errors leading to over-assessment, even if raised for the first time in a revision application.

Projected Sales cannot be treated as income without corroborative evidences

February 20, 2025 561 Views 0 comment Print

Delhi HC dismisses Revenue’s appeal against ITAT order in Vatika Landbase case, ruling no basis for income addition. ITAT’s findings upheld.

Duty drawback post unlocking/activation of mobile phone eligible: Delhi HC

February 19, 2025 216 Views 0 comment Print

Delhi High Court held that the unlocking/activation of the mobile phone merely makes the mobile phone more usable in the destination country and the same would therefore not constitute “taken into use” under proviso to Rule 3 of Duty Drawback Rules.

Disposing Detained Gold Without Notice is Illegal: Delhi HC Orders Customs to Pay Market Value & Delay Costs

February 19, 2025 363 Views 0 comment Print

Delhi HC directs Customs to pay current market value of seized gold, disposed of without informing the owner, plus costs for delay.

Cash Sales during Demonetization Accounted & Taxed Not Unexplained Income U/S 68

February 19, 2025 591 Views 0 comment Print

Delhi HC dismisses revenue’s appeal, affirming that cash sales during demonetization, accounted for and taxed, cannot be treated as unexplained income u/s 68.

Penalty Proceedings Initiate from Date of Reference Receipt by Additional CIT: Delhi HC

February 18, 2025 462 Views 0 comment Print

Delhi High Court sets aside ₹14.63 crore penalty on Property Plus Realtors, ruling the order was issued beyond the statutory limitation period under Section 275(1)(c).

Limitation Period for Penalty Proceedings Begins with Assessment Order: Delhi HC

February 18, 2025 381 Views 0 comment Print

Delhi High Court dismisses appeal in PCIT vs Thapar Homes Ltd, ruling penalty under Section 271E was time-barred under Section 275(1)(c) of the Income Tax Act.

Delhi HC Lacks Jurisdiction to entertain Appeals Against Amritsar AO Orders

February 18, 2025 129 Views 0 comment Print

In Seth Banarsi Dass Gupta v. Commissioner of Income Tax, it is held that the High Court within whose jurisdiction the AO has passed the assessment order would have the jurisdiction to entertain the appeal under Section 260A of the Act.

Approval accorded u/s. 153D in mechanical manner is unsustainable: Delhi HC

February 18, 2025 384 Views 0 comment Print

Delhi High Court held that approval accorded in terms of section 153D of the Income Tax Act in a mechanical manner without application of mind is unsustainable in law. Accordingly, appeal of revenue dismissed and assessment order quashed.

Limitation Act Cannot Condone Appeal Beyond CGST Act’s Prescribed Period

February 17, 2025 423 Views 0 comment Print

It is well settled that once a statute prescribes a specific period of limitation, the Appellate Authority does not inherently hold any power to condone the delay in filing the appeal by invoking the provisions of Section 5 or 29 of the Limitation Act, 1963.

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