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Delhi High Court

No addition can be made in section 153C assessment if AO not referred any incriminating material in his order

March 13, 2022 2634 Views 0 comment Print

PCIT Vs Vikas Telecom Ltd (Delhi High Court) In this case the learned Assessing Officer while farming the assessment order has not referred to any seized documents belonging to the assessee found during the course of search proceedings. In the remand proceedings the learned Assessing Officer has also submitted that no any incriminating materials have […]

Licensing of software products of Microsoft in India not taxable as Royalty

March 13, 2022 1914 Views 0 comment Print

High court held that licensing of software products of Microsoft in the Territory of India by the Respondent was not taxable in India as Royalty under Section 9(1)(vi) of the Act read with Article 12 of the Indo US DTAA.

Delhi HC Refuses To Stay Govt Order Prohibiting discounts on Sale of Liquor

March 13, 2022 1164 Views 0 comment Print

Bhagwati Transformer Corp. Vs Government of NCT of Delhi (Delhi High Court) 1. By this order, I shall decide the above applications seeking interim relief, inasmuch as to stay the impugned order. 2. The common case of the petitioners in these petitions, as contended by their counsel, is a challenge to an order dated February […]

HC quashes reopening notice as reason to believe has no rational nexus to belief for escapement of income

March 12, 2022 1077 Views 0 comment Print

Kurz India Private Limited Vs PCIT (Delhi High Court) Appellant submits that in this case reopening is initiated on the basis of review and re-appreciation of the same material i.e. audited accounts which were subject to verification in the course of original assessment proceedings under Section 143(3) which is not permissible in law. Upon perusal […]

HC cannot interfere with finding of facts if it involves re-appreciation of evidence

March 12, 2022 1011 Views 0 comment Print

CIT (Exemptions) Vs Shugan Chandra Kothari Trust (Delhi High Court) It is settled law that an appeal under Section 260A of the Act is to be entertained only when it directly and substantially affects the rights of the parties or is not free from difficulty or call for discussion of alternative views or the factual […]

HC directs VAT dept to allow rectification of Bonafide Error in Tax Period of Challan

March 11, 2022 2160 Views 0 comment Print

La Mode Fashions Private Limited Vs Commissioner, Value Added Tax (Delhi High Court) The short question that arises for consideration before this Court is the remedial measure by which the inadvertent and bonafide error can be corrected. Respondent has suggested a methodology in paragraphs 5 and 6 of the counter affidavit, as aforementioned. This methodology, […]

Money Laundering Case- HC dismisses Bail Plea of Ambience Group Promoter Raj Singh Gehlot

March 9, 2022 2484 Views 0 comment Print

Raj Singh Gehlot Vs Directorate of Enforcement (Delhi High Court) As per the prosecution complaint, in total, Term loan of Rs.810 crores was availed by AHPL and sanctioned by the consortium of banks. The funds were disbursed through an Escrow Account maintained with J&K Bank, Ansal Plaza Branch. The FIR was registered against the applicant, […]

Parties by agreement cannot give jurisdiction to a Court which lacks jurisdiction

March 6, 2022 12843 Views 0 comment Print

Aanchal Mittal Vs Ankur Shukla (Delhi High Court) High Court held that a jurisdiction cannot be vested on a Court by agreement of the parties if that Court inherently lacks jurisdiction.  It is evident from the facts of the present case that there is no principal or subordinate office of the LLP in the State […]

Compounding Benefit under Income Tax cannot be denied for non-acquittal from Criminal Charges

March 6, 2022 1929 Views 0 comment Print

Jai Singh Goel Vs Chief Commissioner of Income Tax (Central) & Anr. (Delhi High Court) Impugned Order dated 21.08.2018 rejects the application of the petitioner seeking compounding of offence on two grounds: 1) That the application has been filed beyond the period of limitation; 2) The petitioner already stands convicted by the Competent Court. As […]

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

March 6, 2022 3255 Views 0 comment Print

Summons for appearance issued under Section 70 of the CGST Act and the authorization for arrest issued under Section 69 (1) of the CGST Act, do not fall within the ambit of the definition of Criminal Proceedings, because criminal proceeding commences, only after the launch of prosecution. It

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