Supreme Court has held that the expression ‘reason to believe’ means that there is some prima facie material on the basis of which the Department can reopen the case. The sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice under Section 148 of the Act.
PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) This Court is in agreement with the Tribunal that Section 292BB does not give the power to condone the failure or delay in issuing the statutory notice required to be issued under Section 143(2) of the Act. Section 292BB deals with failure of service of notice […]
PCIT Vs Moser Baer India Ltd. (Delhi High Court) A perusal of the aforesaid order of Apex Court in Civil Appeal No.4705/2014 makes it clear that the respondent company Moser Baer India Ltd. is not financially viable and is in liquidation before NCLT. The order also makes it clear that even if the Revenue were […]
DR Vidyottma Jha Vs Govt of NCT of Delhi & Anr. (Delhi High Court) In our view, it is not for this Court to direct payment of ex gratia compensation of Rs.1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex […]
The petitioner’s grievance, as noted above, is that immediately, after this Court had quashed the earlier provisional attachment order on 22.03.2021, a fresh order was passed on 26.03.2021.
High Court held that Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performance Bank Guarantee in question. There is no principle in law whereby BSNL could be permitted to retain the Performance Security after it had acknowledged due performance of the Contract.
FADA Trading Private Limited Vs Commissioner Goods and Service Tax (Delhi High Court) The show cause notice, which is, dated 02.12.2019, gives no details as to the date and time on which the petitioner’s authorized representative was to present himself for a personal hearing, before the adjudicating authority. This is apart from the fact that […]
Srivenkateshware Tradex Pvt. Ltd. Vs Commissioner, Delhi Value Added Tax (Delhi High Court) It is not a case where there is a default or concealment or adverse material is found by the Commissioner suggesting inaccurate particulars in the returns. It is the case where all the documents and particulars were furnished correctly except that the […]
Fiberhome India Private Limited Vs National E-Assessment Centre (Delhi High Court) 1. This petition has been filed by the petitioner challenging the Final Assessment Order dated 30.06.2021 passed by the respondent under Section 143(3) read with Section(s) 144C(3) and 144B of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the Assessment […]
Ingenico International India Pvt. Ltd. Vs JCIT (Delhi High Court) By way of the present petition, Petitioner is seeking a direction to the Respondents to issue interest of Rs.53,92,420/- for the Assessment Year 2018-19 (Rs. 51,11,299/- upto May, 2021 and Rs.2,81,121/- as additional amount). Learned counsel for the Petitioner states that this Court vide order […]
