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Delhi High Court

Disallowance without any cogent reasoning or working not sustainable

August 14, 2022 318 Views 0 comment Print

Addition by AO without providing any cogent reasoning or working, based on which such disallowances were made are not sustainable.

TDS on interest paid to China Development Bank- HC dismisses Stay Application

August 14, 2022 564 Views 0 comment Print

Disputed demand has arisen for failure of Tata Teleservices to deduct tax at source on interest payments made to China Development Bank

Setting aside an arbitral award due to insufficiency of evidence is untenable

August 13, 2022 2358 Views 0 comment Print

Held that insufficiency of evidence or material is not a ground for setting aside an arbitral award. Income tax return is material evidence to establish the claim.

DSIR statutorily bound to issue Form 3CL within 120 days: HC

August 13, 2022 4872 Views 0 comment Print

SRF Ltd Vs Union of India (Delhi High Court) Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule […]

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 564 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Dispute of ESOP is referable to arbitration

August 9, 2022 1623 Views 0 comment Print

Held that dispute in respect of ESOP which forms part of the Employment Agreement, would be referable to arbitration as provided in Clause 21 of ESOP.

Arbitral tribunal cannot review but can vacate/ modify the order

August 8, 2022 3807 Views 1 comment Print

Held that TDI was not seeking a review, but rather, a discharge/ modification of the conditions prescribed in the said interim order. Accordingly, Arbitral Tribunal was entitled to exercise the said option, having regard to the principles enshrined under Order XXXIX Rule 4 of CPC.

Section 241A order cannot be passed in a mechanical & routine manner

August 8, 2022 1527 Views 0 comment Print

HC held that an Order under Section 241A of the Act cannot be passed in a mechanical and routine manner. Refunds cannot be withheld just because the Notice under Section 143(2) of the Act has been issued and the Respondents want to verify the claim for deduction under Section 10AA of the Act.

Interest on delayed GST refund cannot be denied for Covid-19

August 6, 2022 792 Views 0 comment Print

Application for payment of interest for delayed period was denied on the ground that due to Covid-19 processing of GST refund was delayed.

Application against disputed interest allowable under Vivad Se Vishwas

August 5, 2022 2394 Views 0 comment Print

Kapri International Pvt. Ltd. (In Liquidation) Through Liquidator  Vs CIT (Delhi High Court) Held that any proceeding challenging a decision by the department in respect of tax, interest, penalty, fee etc. would come within the purview of a ‘dispute’ which would enable a party to approach the department for a resolution under the Direct Tax […]

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