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Delhi High Court

No Unfettered Cross-Examination Rights Under Customs Act Sec. 138(B): Delhi HC

February 13, 2025 1155 Views 0 comment Print

Delhi High Court held that provisions of section 138(B) of the Customs Act doesn’t provide unfettered right in all cases for cross examination of relevant person. Accordingly, appeals are disposed of.

Delhi HC Orders 30% Bank Guarantee for Seized Goods Release

February 13, 2025 438 Views 0 comment Print

Delhi High Court held that imposition of condition in case of provisional release of seized goods is discretionary and hence directed furnishing of bank guarantee to the tune of 30% of the differential duty instead of 130%.

Indian AE Transactions at Arm’s Length, HC Says No More Attribution

February 13, 2025 696 Views 0 comment Print

Respondent/assessee is a Irish company. It accordingly claimed benefits of the India-Ireland DTAA. ADIR is a wholly owned subsidiary of Adobe Software Trading Company Limited and Adobe Systems Incorporated is the ultimate parent company of ADIR.

Section 148 Notice Procedure Must Be Completed Within Section 149 Timeframe: Delhi HC

February 12, 2025 1446 Views 0 comment Print

Therefore, the procedure that is required to be completed for issuance of notice under Section 148 of the Act is required to be completed prior to the expiry of the time limit as prescribed under Section 149(1) of the Act.

License Fees for Goodwill acquisition Allowed as Expense U/S 37: Delhi HC

February 12, 2025 438 Views 0 comment Print

Delhi High Court held that license fees paid to M/s. Remfry & Sagar for use goodwill vested in the company is allowable as deduction under section 37 of the Income Tax Act. Accordingly, appeal of the revenue dismissed.

Section 264 Revision Accepted: Suo Moto Disallowance Rectified

February 12, 2025 1005 Views 0 comment Print

Delhi High Court held that suo moto disallowance with bona fide yet mistaken belief that amount is liable to be offered for taxation, such mistake can be rectified via revision application under section 264 of the Income Tax Act.

Section 153C cannot extend indiscriminately to Multiple AYs: Delhi HC

February 11, 2025 4872 Views 0 comment Print

Delhi High Court rules on Section 153C notices for AYs 2014-15 to 2020-21 in Dev Technofab Limited Vs DCIT, citing lack of incriminating material for reopening assessments.

CBIC Not Bound to Clarify GST Issues Raised via Representations: Delhi HC

February 10, 2025 5034 Views 0 comment Print

Delhi High Court rules that CBIC is not required to clarify GST on Battery Energy Storage Systems (BESS), directing taxpayers to rely on statutory provisions.

Section 271D Penalty Proceedings Begin with AO’s Reference: Delhi HC Clarifies Limitation Start

February 9, 2025 1476 Views 0 comment Print

Limitation period for Section 271DA penalty should be counted from the date of the assessment order and delay in making the reference could not extend the limitation period

Delhi HC Directs Customs, DRI, DGGI & CGST to Develop Unified SOP for Timely Counsel Instructions

February 9, 2025 1077 Views 0 comment Print

Delhi High Court raises concerns over delays in counsel instructions by Customs Department. Directs Customs, DRI, DGGI, and CGST to formulate a unified SOP ensuring prompt and efficient legal proceedings.

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