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Delhi High Court

Approval accorded u/s. 153D in mechanical manner is unsustainable: Delhi HC

February 18, 2025 405 Views 0 comment Print

Delhi High Court held that approval accorded in terms of section 153D of the Income Tax Act in a mechanical manner without application of mind is unsustainable in law. Accordingly, appeal of revenue dismissed and assessment order quashed.

Limitation Act Cannot Condone Appeal Beyond CGST Act’s Prescribed Period

February 17, 2025 423 Views 0 comment Print

It is well settled that once a statute prescribes a specific period of limitation, the Appellate Authority does not inherently hold any power to condone the delay in filing the appeal by invoking the provisions of Section 5 or 29 of the Limitation Act, 1963.

Delhi HC Orders Customs to Release Seized Goods Over SCN Issue Failure

February 17, 2025 1347 Views 0 comment Print

Delhi HC directs Customs to release detained gold, iPhone, and more after failure to issue a Show Cause Notice within six months. Read the full case summary.

Delhi HC Quashes GST Demand Order Due to Lack of Reasoning

February 16, 2025 774 Views 0 comment Print

Delhi High Court sets aside GST demand order citing non-application of mind, as the tax officer failed to provide a reasoned decision after reviewing objections.

TP adjustment under MAP cannot be applied to other international transaction

February 15, 2025 198 Views 0 comment Print

The US Transactions were subject to the Mutual Agreement Procedure between the competent authorities of US and India under Article 27 of the India-US Double Taxation Avoidance Agreement.

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

February 15, 2025 201 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 156 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 720 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 132 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 96 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%.

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