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Delhi High Court

Attribution to PE as article 7(1) of DTAA doesn’t apply when foreign enterprise is making loss

December 23, 2022 1671 Views 0 comment Print

Delhi High Court held that as per Article 7(1) of DTAA attribution of profits to Permanent Establishment arises only if foreign enterprise is making a profit. The same is not applicable if foreign enterprise is making a loss.

Circular restricting prosecution after age of 70 years doesn’t permit escape route for wrong dead

December 23, 2022 5493 Views 0 comment Print

Delhi High Court held that circular/ instruction no. 5051 dated 07.02.1991 states that prosecution normally be not initiated against a person who has attained the age of 70 years at the time of commission of offence. However, petitioner cannot be permitted to take benefit of Circular/ Instruction No. 5051 dated 07.02.1991 to find an escape route for the wrong committed by him.

Complaint filed after expiry of six months is quashed based on time barred provisions u/s 469

December 22, 2022 3921 Views 0 comment Print

Delhi High Court held that in view of provisions of section 469 of the Code of the Criminal Procedure, 1973, complaint filed after expiry of six months is barred by limitation.

Difference of grounds between Order & SCN: Delhi HC quashes proceedings

December 22, 2022 2361 Views 0 comment Print

Delhi High Court in the case of Usha Rani Girdhar v. ITO held that Assessing officer cannot add primary allegation in Notice by issuing Supplementary Notice.

HC directs department to issue rectified C-Forms subject to verification of entitlement

December 21, 2022 1152 Views 0 comment Print

Vodafone Idea Limited Vs Government of NCT of Delhi (Delhi High Court) The HC directed the Revenue Department to issue the rectified C-Forms, subject to the verification of entitlement on merits, without being burdened with issue concerning limitation. The petitioner is a telecom service provider. It undertook inter-state sales (C Forms). There was an error. […]

Chartered Accountant Institute can suo moto initiate disciplinary proceedings against its member

December 21, 2022 1992 Views 0 comment Print

Delhi High Court held that Section 21 of the Chartered Accountants Act, 1949 provides suo moto power to the institute to initiate disciplinary proceedings against its member without any written complaint/ allegation.

Restriction on utilization of ITC u/r 86A of CGST Rules cannot continue beyond one year

December 21, 2022 4581 Views 0 comment Print

Delhi High Court held that restrictions on utilization of input tax credit imposed under rule 86A of the Central Goods and Services Tax Rules cannot extend beyond the period of one year.

HC grants stay to Makemytrip on Penalty imposed by CCI

December 21, 2022 1581 Views 0 comment Print

Delhi High Court directed 10% of the penalty amount imposed by the Competition Commission of India, the recovery of the remaining 90% of the penalty amount would remain stayed.

HC grants IGST refund with interest where details were incorrectly reported in GSTR-1

December 20, 2022 1314 Views 0 comment Print

High Court Grants IGST refund with interest to petitioner in respect of various export invoices of FY 2019-20 for which details were incorrectly reported in GSTR-1.

Seized documents/ book/ things can be retained for maximum four and half years

December 19, 2022 3231 Views 0 comment Print

Delhi High Court held that combine reading of provisions of reading of sections 67(2) second proviso, 67(3), 74(2), 74(10) clarifies that seized documents or book of things can be retained for a maximum period of four and half years.

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