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Delhi High Court

Reassessment Proceedings against Reassessment order Stayed by Delhi HC

September 13, 2022 4167 Views 0 comment Print

United Associates Vs ITO (Delhi High Court) A Writ Petition was filed in Hon’ble Delhi high Court to set aside the notice dated 28.06.2022 issued by the Income Tax Department under section 148 of the Income Tax Act, 1961 and order u/s 148A(d) issued by the Respondent No.1 under section 148 of the Income Tax […]

Penny stock/accommodation entry – Reassessment notice must contain relevant documents 

September 13, 2022 1527 Views 0 comment Print

Assessee found to be a beneficiary of accommodation entries and been instrumental in manipulating prices of several penny stock scrips on stock exchange.

Rule 12 of CA rules not debar Director of Discipline from entertaining 7 year old complaint

September 10, 2022 2919 Views 0 comment Print

Held that rule 12 Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 does not expressly debar the Director Discipline from entertaining a complaint merely because it may relate to acts of misconduct committed seven years prior to the same being lodged.

Remedy for Claiming Condonation of delay in ITR Filing Lies with CBDT

September 10, 2022 3165 Views 0 comment Print

Sudipta Basu Vs ITO (Delhi High Court) Delhi High Court is of the view that Section 119(2)(b) of the Act read with CBDT Circular No. 9/2015 provides a remedy to the Assessees to seek condonation of delay, in cases where Assessee could not file their income tax returns within time due to genuine hardship. Consequently, […]

HC dismisses plea of PWC CEO for Criminal Defamation

September 9, 2022 1320 Views 0 comment Print

Held that as there was no material on the basis of which Sessions Court could have summoned any of the accused. The summoning order was rightly set aside.

No Penalty for e-way bill expiry without giving opportunity of being heard

September 8, 2022 2880 Views 0 comment Print

Whether assessee can be penalized due to expired E way bill with transportation for genuine reason with no intention of tax evasion

HC set-aside Reassessment Order Passed without Considering Reply of Assessee

September 6, 2022 3240 Views 1 comment Print

Rithala Education Society Vs Union of India (Delhi High Court) In the present case, the significance of issuance of a show cause notice at a stage prior to issuance of a re-assessment notice under Section 148 of the Act has been lost on the respondents inasmuch as the impugned order under Section 148A(d) of the […]

Section 143(1) order is not an Assessment for Section 147

September 5, 2022 3168 Views 0 comment Print

Ernst And Young U.S. LLP Vs ACIT (Delhi High Court) Supreme Court and this Court have repeatedly held that when the original proceeding has been completed under Section 143(1), there is no need for fresh tangible material for reopening the assessment and the doctrine of change of opinion does not arise since under Section 143(1) […]

ESOP price difference between offer & market price allowable as revenue expense

September 5, 2022 1719 Views 0 comment Print

PVR Ltd Vs CIT (Delhi High Court) HC held that ITAT erred in law in holding that the difference between the price at which stock options were offered to employees of the appellant company under ESOP and ESPS and the prevailing market price of the stock on the date of grant of such options was […]

Corruption Charges against CA based on retracted confessional statement untenable

August 30, 2022 3027 Views 0 comment Print

Held that record doesn’t disclose any independent material, accordingly charges under the Prevention of Corruption Act cannot be confirmed merely on the basis of the retracted confessional statement.

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