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Delhi High Court

Reopening of assessment beyond period stipulated u/s. 149(1) not permissible: Delhi HC

December 22, 2024 975 Views 0 comment Print

Delhi High Court held that reopening of assessment under section 148 of the Income Tax Act beyond the period as stipulated under section 149(1) of the Income Tax Act is not permissible. Accordingly, notice issued beyond time limit set aside.

Adjudication proceedings cannot be kept pending for years: Delhi HC

December 21, 2024 3369 Views 0 comment Print

Delhi High Court held that adjudication proceedings under Customs Act, 1962; the Finance Act, 1994 and Central Goods and Services Tax, 2017 cannot be kept pending for years and decades together.

Reassessment Based on Insight Portal Info Must Be Under Sections 147/148 if Section 153C Jurisdictional Conditions Are Not Met

December 20, 2024 1938 Views 0 comment Print

Assessee argued that AO lacked jurisdiction to initiate proceedings under Section 147/148 as the information derived from the search should had been assessed under Section 153C.

Denial of Capital Gain Exemption u/s 54F for Property Described as “Makaan” Justified Due to Brick-Kiln Construction

December 20, 2024 1053 Views 0 comment Print

Tribunal was justified in declining capital gain exemption under Section 54F  with respect to a property described as “makaan” (house) in the registered sale deed but in reality having a brick kiln construction.

Department cannot insist provisional assessment of goods due to pendency of appeal: Delhi HC

December 18, 2024 1125 Views 0 comment Print

It is the Petitioner’s grievance that despite the issue of classification having been settled in favour of the Petitioner, the Revenue Department is insisting on goods being released provisionally subject to Petitioner’s furnishing of bonds.

Exemption u/s. 54F admissible in respect of only one residential property: Delhi HC

December 18, 2024 1971 Views 0 comment Print

Delhi High Court held that in case of investment in two residential properties, exemption under section 54F of the Income Tax Act is available in respect of only one of the two residential properties. Accordingly, appeal dismissed.

Assessee can confine settlement of disputed which are subject matter of appeal under DTVSV Act

December 18, 2024 564 Views 0 comment Print

Delhi High Court held that assessee is entitled to confine the settlement of disputes which were subject matter of its appeal filed before appellate authority under Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act].

Blocking of ITC Leading to Negative Balance in ECL is unjustified: Delhi HC

December 18, 2024 1410 Views 0 comment Print

Delhi HC rules against negative blocking of Electronic Credit Ledger (ECL) under Rule 86A, stating it exceeds the scope of ITC provisions. Relief granted to petitioner.

CCI proceedings cannot continue once settlement is reached: Delhi HC

December 17, 2024 585 Views 0 comment Print

Delhi High Court held that once the settlement is reached, the substratum of the proceedings itself no longer exists, thus Competition Commission of India [CCI] proceedings cannot continue and deserves to be disposed of.

Service tax exempt on laying down of optical fibre cable network since beneficiary is Government

December 16, 2024 882 Views 0 comment Print

Delhi High Court held that the work in the nature of laying down of “Optical Fibre Cable Network” to benefit the defence forces for better communication is exempt from service tax since the ultimate beneficiary of the service is Government of India.

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