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Delhi High Court

HC directs CIT to reconsider assessment to redetermine gross profit applicable to unexplained purchases

March 11, 2023 3354 Views 0 comment Print

Delhi High Court directed Commissioner of Income Tax (CIT) to re-consider the high-pitched assessment as gross profit applied is 12.5% as against historical gross profit of 1.06%. Coercive measures against the petitioner instructed to be kept on hold.

For limitation calculation for GST Refund Application Period from 01.03.2020 to 28.02.2022 not includible

March 10, 2023 1122 Views 0 comment Print

Megicon Impex Pvt Ltd Vs Commissioner Of Central Goods And Services Tax Delhi West & Ors. (Delhi High Court) he learned Counsel appearing for the parties have drawn attention to a notification dated 05.07.2022, whereby the period commencing from 01.03.2020 to 28.02.2022, was directed to be excluded for computing the period of limitation, for filing […]

Adjustment of duty drawback against pre-deposit under Section 129E of Customs not permissible

March 10, 2023 777 Views 0 comment Print

Colour Cottex Pvt Ltd Vs Commissioner of Customs (Exports) (Delhi High Court) Delhi High Court  find merit in Revenues contentions that the relief directing adjustment of duty drawback against the petitioner’s obligation to make a pre-deposit under Section 129E of the Customs Act is not permissible. The nature of a claim for duty drawback is […]

Refund payable to deductee cannot be set-off against TDS not deposited by deductor

March 10, 2023 1899 Views 0 comment Print

Sanjay Sudan Vs ACIT (Delhi High Court) Delhi High Court held that deductee/ assessee cannot be called upon to pay tax, which is already deducted from his income as TDS. TDS not deposited by deductor cannot be set-off against refund amount payable to deductee. Facts- The petitioner was an employee of Kingfisher. The employer had […]

Recourse to section 263 justifiable on concluding that AO committed an error in law

March 8, 2023 738 Views 0 comment Print

Delhi High Court held that recourse to provisions of section 263 of the Income Tax Act sustained as prima facie view concludes that AO has committed an error in law.

Exemption u/s 11 available as there is no profit motive in activity carried out by society

March 8, 2023 918 Views 0 comment Print

Delhi High Court held that in absence of any profit motive in the activity of assessee-society and also profit so generated is ploughed back for charitable activities. Exemption benefit under section 11 duly available.

Bail granted in fraudulent ITC claim matter as co-accused already released on bail

March 6, 2023 1749 Views 0 comment Print

Delhi High Court held granted bail, in fraudulent claim of ITC under GST, as bail already granted to co-accused and petitioner had no prior criminal antecedents.

Post ex-parte order if appellant appears with sufficient cause, Tribunal may set aside the ex-parte order

March 6, 2023 3168 Views 0 comment Print

Delhi High Court held that in terms of rule 24 of the ITAT Rules, when the Tribunal has ex-parte disposed of the appeal on merits and thereafter the appellant appears, the Tribunal shall set aside the ex-parte order and restore the appeal if sufficient cause is shown.

HC upheld penalty for illegal export of Red Sandalwood/Red Sanders

March 5, 2023 1170 Views 0 comment Print

HC found no infirmity with decision of Adjudicating Authority and its findings that certain parties were involved in illegal export of Red Sandalwood/Red Sanders

Retrospective application of notification issued u/s 5 of FTDR Act, 1992 unjustified

March 4, 2023 1401 Views 0 comment Print

Delhi High Court held that section 5 of the Foreign Trade (Development and Regulation) Act, 1992 empower Government to make amendments with retrospective effect.

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