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Delhi High Court

Comparability Analysis must Focus on Functional Similarity Over Product Matching: Delhi HC

December 5, 2024 957 Views 0 comment Print

Delhi High Court upheld the ITAT’s decision, concluding that the comparability analysis must focus on functional similarity rather than strict product comparability, and that certain disallowances made by the Assessing Officer were unjustified.

Commercial expediency not to be examined by AO while examining explanation provided u/s. 68

December 5, 2024 1095 Views 0 comment Print

The Assessing Officer (hereafter AO) had made an addition to the income as returned by the respondent under Section 68 of the Act and disallowed the addition made under Section 14A of the Act.

Classification of product justified once DGFT proceeds to issue MEIS Scrip: Delhi HC

December 4, 2024 1119 Views 0 comment Print

Delhi High Court observed that once the DGFT had proceeded to issue the MEIS scrip to the writ petitioners, they would have been justified in assuming that the issue of classification was neither questioned nor doubted.

Non-assumption of jurisdiction u/s. 153C doesn’t oust recourse to section 147: Delhi HC

December 4, 2024 1647 Views 0 comment Print

Delhi High Court held that as AO didn’t assume jurisdiction under section 153C of the Income Tax Act, recourse to section 147 of the Income Tax Act for reassessment proceedings justified. Accordingly, appeal by revenue allowed.

Benefit under Direct Tax Vivad Se Vishwas available for pending review proceeding

December 3, 2024 693 Views 0 comment Print

The application preferred by the petitioner for recall of the said order was also rejected by the Supreme Court vide order dated 25.10.2019. It is thereafter that petitioner-assessee preferred a review petition.

Bail application in smuggling of Methaqualone denied: Delhi HC

December 2, 2024 876 Views 0 comment Print

Delhi High Court, in the case of smuggling of Methaqualone denied the bail application since threshold of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not having been crossed.

Estimation of foreign bank account deposit accepted as bank statement not submitted: Delhi HC

December 2, 2024 816 Views 0 comment Print

A search was conducted on the premises of the Assessee on 17.10.2000 and a debit card of the overseas bank – Barclays Bank, PLC St.40, Birmingham, London, United Kingdom was found in the joint name of the Assessee and his wife (Smt. Jyoti Jaggi).

Product aligning with function of microphone is classifiable under CTH 8518: Delhi HC

December 2, 2024 873 Views 0 comment Print

The present appeal under Section 28KA of the Customs Act, 1962 has been preferred by the appellant i.e. Vivo Mobile India Private Limited assailing the order dated 13.12.2023 passed by the Customs Authority of Advance Rulings.

No further addition if no addition on the grounds for re-opening of assessment

December 2, 2024 2280 Views 0 comment Print

Delhi High Court dismisses Revenue’s appeal in Naveen Infradevelopers case, ruling that no addition can be made post-reassessment if no additions were made initially.

Recourse u/s. 147 not prohibited if conditions of reopening u/s. 153C not satisfied

December 2, 2024 1260 Views 0 comment Print

Delhi High Court held that non-satisfaction of conditions for reopening assessment u/s. 153C of the Income Tax Act doesn’t prohibit AO from taking recourse u/s. 147. Thus, reopening u/s. 147 based on information from investigation wing justified.

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