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Delhi High Court

Workers Employed by Contractor Not Entitled to Direct Regularization: Delhi HC

January 6, 2025 759 Views 0 comment Print

The Delhi High Court rejects the regularization plea of Kanchanjunga building employees, upholding the Industrial Tribunal’s decision on employer-employee relationship.

Failure to respond to SCN but found correct on inspection: Delhi HC directed for fresh order

January 3, 2025 762 Views 0 comment Print

In a recent ruling Delhi HC quashed the order cancelling the registration of CGST after considering the report of GST-Inspector who observed that he firm was in fact functioning at the registered place of business and that sufficient stocks of goods had also been maintained.

Capital Gains Exempt U/s. 10(38) Excluded from Section 115JB Book Profits

January 3, 2025 1158 Views 0 comment Print

Delhi High Court held that proviso to section 10(38) of the Income Tax Act doesn’t mean that if gains are not included as book profits u/s. 115JB, the same are liable to be included as income for purpose of assessment of tax under normal provisions.

Inordinate delay of 9 years much beyond time limit u/s. 73(4B) of Finance Act not condoned

January 3, 2025 1212 Views 0 comment Print

Delhi High Court held that inordinate delay of 9 years in prosecuting the case is not justified since the same is much beyond the time limit prescribed under section 73(4B) of the Finance Act, 1994. Accordingly, delay not condoned and hearing notice quashed.

Messes with 20 or More Employees, Covered Under EPF Act Regardless of Profit Motive

January 2, 2025 1353 Views 0 comment Print

Analysis of Delhi High Court’s decision on JDT Islam Orphanage’s challenge to EPF Tribunal’s order on mess employment and applicability of EPF Act provisions.

Director with Control Over Day-to-Day Affairs is an Employer Under EPF Act

January 2, 2025 1257 Views 0 comment Print

Delhi HC dismisses Yash Pal Ashok’s petition against recovery proceedings under the EPF Act, upholding the actions of the Recovery Officer.

Writ Court to Interfere if Show Cause Notice Lacks Jurisdiction or Due Process

January 2, 2025 1647 Views 0 comment Print

Lotus Herbals Private Limited Vs Employees’ Provident Fund Organization And Ors. (Delhi High Court) Delhi High Court addressed a petition filed by Lotus Herbals Private Limited challenging a notice under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, issued by the Employees’ Provident Fund Organization (EPFO). The petitioner contended that the […]

Termination of service not possible without employer-employee relationship: Delhi HC

January 1, 2025 453 Views 0 comment Print

Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to establish that respondent is an ‘industry’ and there existed employer employee relationship between them.

FIR quashed as accused is exonerated in departmental proceedings

January 1, 2025 675 Views 0 comment Print

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Dissimilar Firms were excluded from selected comparables while doing TP analysis u/s 92

January 1, 2025 744 Views 0 comment Print

The court held that the other three companies were also carrying out large-scale projects compared to assessee, making them unsuitable for comparison or setting industry standards.

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