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Delhi High Court

Demand order was set aside due to non-application of mind and non-consideration of assessee reply

January 22, 2025 1017 Views 0 comment Print

Vide the Show Cause Notice, assessee was given an opportunity to show cause as to why they had not declared the correct tax liability in the annual returns of GSTR-09.

Is entity having ‘Permanent Establishment’ was a fact-specific issue to be determined separately for different tax periods

January 22, 2025 846 Views 0 comment Print

Whether or not a permanent establishment existed in a State during a given period must be determined on the basis of the circumstances applicable during that period and not those applicable during a past or future period.

HC Cannot Entertain Appeals on Tax Issues Under Section 35G of Central Excise Act, 1944

January 22, 2025 1026 Views 0 comment Print

Delhi HC rules on non-maintainability of appeal in service tax case; advises the Commissioner to approach the Supreme Court under Section 35L.

CBIC Should Review Baggage Rules for Carrying Gold: Delhi HC

January 21, 2025 1440 Views 0 comment Print

Delhi HC highlights the need for CBIC to revise gold baggage rules, ensuring fair treatment of travelers and addressing market realities. Key insights and analysis.

Look Out Circular conditionally suspended based on right to travel granted under Constitution

January 21, 2025 975 Views 0 comment Print

Delhi High Court conditionally suspended Look Out Circular against the director of company involved alleged in financial impropriety based on individual’s right to travel as guaranteed under Article 21 of the Constitution of India.

No GST on Tariff & License Fee Received by Electricity Regulatory Commissions: Delhi HC

January 21, 2025 1377 Views 0 comment Print

Delhi High Court held that amounts received by Electricity Regulatory Commissions as tariff and license fee is not leviable under Goods and Services Tax. Accordingly, petition allowed and show cause notice quashed.

Ten-year block period not applies to Income Tax searches before 01.04.2017

January 21, 2025 4206 Views 0 comment Print

Delhi HC dismisses PCIT appeal in Karina Airlines case, ruling amendments to Section 153C of the IT Act do not apply retroactively to pre-2017 searches.

No power to Designated Authority to reopen concluded cases under Vivad se Vishwas Act

January 20, 2025 1347 Views 0 comment Print

There was no provision under the DTVSV Act that empowered a Designated Authority to reopen a concluded settlement. Once a final certificate was issued under Section 5(1), all disputes with regard to the ‘tax arrear’ stood concluded.

AO must be satisfied that accommodation entries exist before proceeding u/s 148

January 20, 2025 1260 Views 0 comment Print

Where assessee had produced ledger accounts, AO did not have any material to substantiate that deposits aggregating ₹66,44,134/- were made in assessee’s bank account to contradict the same.

Ground not addressed by CIT(A) cannot be taken up by ITAT: Delhi HC

January 20, 2025 798 Views 0 comment Print

Delhi High Court held that ITAT cannot address the ground which remained unaddressed by CIT(A). Accordingly, matter restored back to CIT(A) to decide on the grounds that were not decided.

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