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Delhi High Court

Delhi HC Upholds Reassessment Notice Despite Initial Notice Addressed to Defunct Entity

February 15, 2025 681 Views 0 comment Print

Delhi High Court clarifies Nokia India’s tax reassessment after a notice was issued in the name of a non-existent company, aligning with Supreme Court rulings.

Limits prescribed u/s. 36(1)(iv) applies only to initial or ordinary annual contribution

February 14, 2025 912 Views 0 comment Print

It thus held that the limits that the Board could prescribe would only apply to an initial or an ordinary annual contribution. Any contribution made additionally in discharge of an overarching obligation would thus not be rendered as a disallowable expense.

Simultaneous Probes by DGGI & State GST Authority on same issue Not Allowed: Delhi HC

February 14, 2025 1533 Views 0 comment Print

Delhi High Court sets aside GST demands on Metalax Industries, ruling that parallel proceedings by State GST and DGGI cannot proceed simultaneously.

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

February 13, 2025 1263 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 486 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 771 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 1515 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 483 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 1098 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 4950 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.

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