Delhi High Court held that relaxation of conditions prescribed under rule 9C of the Income Tax Rules is discretionary power and is not amenable to judicial review unless the court finds that exercise is capricious, malafide, arbitrary and/or unreasonable.
Delhi High Court clarifies in Anindita Sengupta case that SC’s Ashish Agarwal judgment doesn’t mandate reopening concluded income tax reassessments.
Delhi High Court held that Nokia Network OY does not have Fixed Place Permanent Establishment in India [PE] and hence offshore supplies were not taxable in India. Appeal stands dismissed, accordingly.
Delhi High Court held the issuance of notice under section 28(4) of the Customs Act post issuance of notice under section 28(1) on similar factual matrix is bad in law. Thus, subsequent notice issued u/s. 28(4) is set aside.
Delhi High Court held that before undertaking a benchmarking of Advertisement, Marketing and Promotion [AMP expenses], it was incumbent upon the TPO to have found that an international transaction had, in fact, occurred. Thus, appeal of revenue dismissed.
Delhi High Court dismisses Mehul Mamgain’s plea against Chirag Gupta for alleged wrongful ITC claims, citing lack of legal grounds. Costs of ₹50,000 imposed.
Delhi High Court upholds GST demand and account freeze, advising the petitioner to seek alternate remedies for identity theft allegations.
Delhi High Court dismissed the revenue’s appeal in PCIT Vs S.G. Portfolio Pvt. Ltd., citing jurisdictional lapses and lack of fresh material for reassessment.
Delhi High Court held that Section 260A of the Income Tax Act refrains from incorporating a specific provision permitting the filing of a cross-objection. Thus, cross objection would not be maintainable.
Delhi High Court held that retrospective cancellation of GST registration without assigning reason in SCN and in final order is unjustifiable. Accordingly, writ allowed and order cancelling registration quashed.
