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Delhi High Court

Allowing Premature Redemption of Sec 54EC Bonds Beyond Court Scope: HC

November 26, 2024 1587 Views 0 comment Print

The petitioner sold his residential property and based on an advise invested the sale proceed in the bonds issued by the Respondent – Power Finance Corporation in order to avail the benefit of capital gain tax exemption.

NFAC and Jurisdictional Assessing Officer hold concurrent jurisdiction: Delhi HC

November 25, 2024 5955 Views 0 comment Print

In Sanjay Gandhi Memorial Trust v. Commissioner of Income Tax (Exemption), the Court concluded that, while the faceless system centralizes case handling through the NFAC, this framework does not completely replace or nullify the JAO‘s role.

Writ dismissed as alternative remedy u/s. 16 of Black Money Act available: Delhi HC

November 22, 2024 1086 Views 0 comment Print

Delhi High Court held that dismissed the petition as adequate efficacious alternative remedy is available by way of filing an appeal under section 16 of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act.

Keeping refund order in abeyance merely on allegation of wrongful availment of ITC unjustified: Delhi HC

November 22, 2024 1191 Views 0 comment Print

Delhi High Court held that keeping in abeyance refund order by exercising powers conferred u/s. 108 of the CGST Act merely on the basis of intelligence regarding wrongful availment of ITC unjustified since pre-requisite conditions for invoking section 108 not satisfied.

Seized goods liable to be returned back due to non-issuance of notice u/s. 124 of the Customs Act

November 20, 2024 2928 Views 0 comment Print

Delhi High Court held that in terms of Section 110(2) of the Customs Act, the seized goods are required to be returned, if a notice under Section 124 of the Act is not issued within the period as prescribed.

Penalty u/s. 271C set aside as penalty order barred by limitation: Delhi HC

November 20, 2024 1875 Views 0 comment Print

Delhi High Court held that reference by AO to JCIT regarding non-deduction of TDS was first step for initiation of action for imposition of penalty. Accordingly, penalty order passed by JCIT levying penalty under section 271C of the Income Tax Act is barred by limitation.

Revision u/s. 263 justified due to lack of inquiry and total non-application of mind by AO

November 19, 2024 1263 Views 0 comment Print

Delhi High Court held that revisionary proceedings under section 263 of the Income Tax Act justified in absence of any effective inquiry and total non-application of mind by AO. Accordingly, order passed by AO erroneous and prejudicial to interest of revenue.

Rejection of Transactional Net Margin Method without reasons is not justifiable: Delhi HC

November 19, 2024 1113 Views 0 comment Print

Held that the TPO had provided no reasons whatsoever for rejecting the TNMM as the most appropriate method. Thus, the Tribunal has rightly concluded that the TPO’s decision to reject TNMM as the most appropriate method was without reasons.

Is a Sanyasi (Renunciate) Entitled to Own Copyright in Literary Works?

November 18, 2024 1791 Views 0 comment Print

Delhi High Court in The Bhakti Vedanta Book Trust India v. Www.Friendwithbooks.Co (CS(COMM) 88/2021 & I.A. 78/2023) marks a significant development in this area, addressing whether a sanyasi (renunciate) can hold copyright over literary works created by them.

Decision Causing Hardship to Employee Not Incitement Under Section 306 IPC: Delhi HC

November 18, 2024 735 Views 0 comment Print

Delhi High Court held that decisions causing hardship to an employee cannot be termed as an action which would amount to incitement/abetment in terms of section 306 of the Indian Penal Code, 1860. Thus, summoning order set aside.

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