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Delhi High Court

RPM is most appropriate method when goods are purchased from AE and sold in same condition

December 16, 2024 1821 Views 0 comment Print

Delhi High Court held that Resale Price Method (RPM) is the most appropriate method when reseller imports goods from its Associated Enterprise (AE) and the goods are sold in the same condition without any value addition.

Order Cannot Exceed SCN Scope: APN Sales Vs Union of India

December 15, 2024 2796 Views 0 comment Print

Delhi HC rules an order must align with the SCN. In APN Sales Vs Union of India, the court highlights principles of natural justice in GST disputes.

TDS u/s. 194C not deductible on capital grant subsidy extended by NHAI: Delhi HC

December 14, 2024 1389 Views 0 comment Print

Delhi High Court held that TDS under section 194C of the Income Tax Act not deductible on capital grant subsidy extended by NHAI to the Concessionaire since it cannot be construed as payment made for a work undertaken by the contractor.

Customs law and Baggage rules do not restrict foreign tourist from wearing gold ornaments: Delhi HC

December 14, 2024 2520 Views 0 comment Print

As per Indian Customs Declaration Form of the petitioner, there were no dutiable goods carried by him. Petitioner had not declared any gold/bullion in Column No. 10 (ii) & (iii) in the declaration form.

Reassessment beyond 3 years where escaped assessment is below 50 Lakhs not tenable: Delhi HC

December 13, 2024 4959 Views 0 comment Print

Delhi High Court held that initiation of reassessment proceedings beyond period of 3 years from end of relevant A.Y. quashed since escaped assessment is below threshold limit of Rs. 50 Lakhs. Thus, petition allowed and order quashed.

Denying benefit under VCES based on audit report not justified: Delhi HC

December 13, 2024 648 Views 0 comment Print

Delhi High Court held that an audit report cannot be regarded as an order of determination under section 72, 73 or 73A of the Finance Act, 1994 hence benefit under Voluntary Compliance Encouragement Scheme (VCES) cannot be deprived.

GST: Delhi HC Dismisses Challenge to DGGI SCN by JK Tyre & CEAT

December 12, 2024 1542 Views 0 comment Print

Delhi High Court dismisses writ petitions challenging GST Show Cause Notice, allowing petitioners to file responses or seek remedies under the law.

Disallowance of Loss on Tools & Dies Sales Based on Surmises Unsustainable: Delhi HC

December 12, 2024 750 Views 0 comment Print

It is settled law that the AO cannot supplant its view as to the commercial expediency of transactions in place of that of the Assessee. In the present case, the AO’s decision to disallow the loss is based on surmises and assumptions.

Charges of clandestine removal of goods cannot be sustained based on sketchy evidences: Delhi HC

December 11, 2024 1335 Views 0 comment Print

Delhi High Court held that duty demand alleging clandestine manufacture and removal of goods cannot be sustained in absence of any tangible evidence. Such charges cannot be sustained based on sketchy evidence.

Addition u/s. 41(1) not justified in absence of evidence of cessation of liability: Delhi HC

December 11, 2024 858 Views 0 comment Print

Delhi High Court held that there was no evidence of cessation of liability thus addition under section 41(1) of the Income Tax Act not justifiable. Accordingly, appeal filed by the revenue dismissed.

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