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Delhi High Court

Section 260A HC explains when it can interfere into findings of ITAT

May 13, 2022 705 Views 0 comment Print

PCIT Vs Madhur Mittal (Delhi High Court) The scope of jurisdiction in Section 260A is very well settled. It is a settled proposition that ITAT is the final arbiter of the facts. High Court can interfere in the order of the ITAT only if there is substantial question of law or there is manifest illegality […]

Criminalizing Marital Rape: Delhi HC bench differs- Refers matter to SC

May 13, 2022 3465 Views 0 comment Print

RIT Foundation Vs Union of India (Delhi High Court) Delhi High Court bench differed members differed in their views while hearing on  a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape and […]

Arbitral Award can be set aside for inordinate and unexplained delay

May 10, 2022 5073 Views 0 comment Print

Whether the delay in making the impugned award rendered it liable to be set aside as opposed to public policy would also necessarily have to be considered in the context of the challenge?

For initiation of Section 147 proceedings AO has to consider prima facie material not sufficiency of correctness of material

May 10, 2022 663 Views 0 comment Print

At the time of initiating the proceedings under Section 147 of the Act, the assessing officer has to only examine whether there is prima facie material on the basis of which the assessment should have been reopened. The Supreme court has held that at this stage the court is only required to see whether there was prima facie some material on the basis of which the department could reopen the case. The sufficiency of the correctness of the material is not a thing to be considered at the stage.

Fake ITC Case: Bail Amount can be paid by debiting credit ledger

May 9, 2022 5637 Views 0 comment Print

Delhi HC reviews GST Act conditions for bail in Amit Gupta vs. Directorate case. Focus on ITC availing, reversal, and compliance with bail terms.

Petitioner not able to File Objection due to Technical Glitch in Income Tax Portal: HC Directs AO to pass fresh assessment order

May 9, 2022 588 Views 0 comment Print

Delhi HC sets aside exparte order in Ankit Kaul’s case due to technical glitch. Directs the respondent to refile and pass fresh assessment order within six weeks.

In case of violation of principles of natural justice, the availability of appellate remedy does not bar maintainability of writ petition

May 8, 2022 1737 Views 0 comment Print

When there is a violation of the principles of natural justice, the availability of an appellate remedy does not bar the maintainability of a writ petition.

Arbitrator to decide on need to impleaded third party

May 8, 2022 6252 Views 0 comment Print

Vistrat Real Estates Private Limited Vs Asian Hotels North Ltd (Delhi High Court) Once a valid arbitration agreement exists between the parties, the issue whether the petitioner is entitled to any relief in the absence of a third party to the agreement or that third party is required to be impleaded in the proceedings, is […]

Section 153A Assessment cannot be arbitrary & must have nexus with seized material

May 8, 2022 3144 Views 0 comment Print

PCIT Vs LKG Builders P. Ltd. (Delhi High Court) Court is of the opinion that the questions of law raised in present appeals have been settled by earlier Division Bench in CIT Vs. Kabul Chawla (supra) and assessment of the respondents had attained finality prior to the date of search and no incriminating documents or […]

CGST Rule 25: Physical verification without the knowledge of Appellant is not valid

May 7, 2022 18102 Views 1 comment Print

Micro Focus Software Solutions India Private Limited Vs Union of India & Anr. (Delhi High Court)  Reply to GST Registration cancellation notice was filed by the petitioner, stating why its registration should not be cancelled. Ignoring the reasons stated the GST Registration certificate was cancelled. Inspection of the premises was carried out by the Authority, […]

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