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Delhi High Court

Information uploaded by investigation wing doesn’t amount to handing over of material to AO: Delhi HC

January 11, 2025 2712 Views 0 comment Print

Delhi High Court held that uploading of information by the investigation wing of the Income Tax department would not be a substitute for recording of a satisfaction note by the AO of searched person for handing over material to AO of person other than searched person.

Service of Customs notice via e-mail necessary to prevent improper service to parties: Delhi HC

January 11, 2025 1341 Views 0 comment Print

Delhi High Court held that in order to avoid improper service to parties and to avoid ex-parte proceedings, it is incumbent that service of notices ought to be effected even through email and on the common portal, in addition to the traditional methods as per Section 153.

Separate application for compounding of Income Tax offences by co-accused permissible: Delhi HC

January 11, 2025 735 Views 0 comment Print

Delhi High Court held that co-accused permitted to apply separately for compounding of offences committed by a Company or HUF. Accordingly, matter remitted back to decide afresh in light of CBDT circular dated 17.10.2024.

No opportunity is being provided to petitioner: Delhi HC directs DGFT to reconsider

January 10, 2025 1161 Views 0 comment Print

Writ petitions were filed challenging the minutes of meeting held on 08.11.2024, though which TRQ (Tariff Rate Quota) allotted to petitioners by the respondent for import of bullion. Petitioners are dealing in business of import of gold.

Reopening of concluded assessment after issue of final certificate under DTVSV not permissible

January 9, 2025 984 Views 0 comment Print

Delhi High Court held that no provision under the Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act] empowers Designated Authority to reopen concluded assessment after issuance of final certificate u/s. 5(1) of the DTVSV Act.

Power u/s. 107(2) doesn’t permit commissioner to review order of appellate authority

January 9, 2025 1437 Views 0 comment Print

Delhi High Court held that review of order passed by the appellate authority, by the Commissioner, by exercising powers vested by section 107(2) of the Central Goods and Services Tax Act is unsustainable n law. Accordingly, writ petition allowed.

Placing matter on call book and taking it up after several years impermissible: Delhi HC

January 8, 2025 1056 Views 0 comment Print

In the opinion of this Court, there existed no reason for the non-adjudication of the show-cause notice and therefore this Court is of the opinion that the facts do not reveal any glaring impossibility for the Customs Department to deal with the show-cause notice.

Whether ongoing audit can be transferred: Delhi HC to examine

January 8, 2025 480 Views 0 comment Print

Siemens Healthcare Pvt Ltd Vs Union of India & Ors. (Delhi High Court) Writ petition was filed due to reason that ongoing audit was transferred to Anti-evasion wing of CGST Commissionerate and a show cause notice was also issued by Anti-evasion Wing. No such power were conferred by the statute. Time was granted to respondent […]

Delay in submission of physical certified copy of order for appeal u/s. 107 under GST condoned

January 8, 2025 1083 Views 0 comment Print

Delhi High Court held that delay in submission of physical copy of certified order condoned since online filing of an appeal u/s. 107 of CGST Act, 2017 along with order within time limit.

Final Assessment Order passed despite pending objections before DRP: Delhi HC sets aside the Order

January 7, 2025 948 Views 0 comment Print

Show cause notice u/s 148A(b) was issued for AY 2022-23 calling upon the assessee to show cause as to why the receipts should not be taxed as interest income during the year under consideration. Response was submitted by the assessee.

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