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Delhi High Court

Penalty order passed beyond time period framed u/s. 275(1)(c) untenable: Delhi HC

November 18, 2024 1596 Views 0 comment Print

Delhi High Court held that passing of penalty order after the lapse of six months from the end of the month in which the penalty proceedings were initiated by the AO is untenable. Thus, penalty order set aside as passed beyond time period framed u/s. 275(1)(c) of the Income Tax Act.

Improper categorization of SCN on GST portal: HC directs fresh adjudication

November 17, 2024 915 Views 0 comment Print

Delhi High Court sets aside SCN order in Bablu Rana Vs SGST Ward-24 case, citing procedural lapses in notification and portal design compliance

Amendment to Section 153C by Finance Act, 2015 Applies to Searches Conducted Before Its Enactment

November 16, 2024 1143 Views 0 comment Print

Delhi High Court remands ITAT case for reconsideration on S. 153C, clarifying its applicability to searches conducted before the Finance Act 2015 amendment.

No Section 14A Disallowance Without Exempt Income: Delhi HC

November 16, 2024 1260 Views 0 comment Print

Delhi High Court rules that Section 14A disallowance doesn’t apply if no exempt income is earned. Dismisses Revenue’s appeal against Sahara India Financial Corp.

Non-issuance of PCC due to pendency of FIR constitutes unreasonable restriction: Delhi HC

November 14, 2024 2532 Views 0 comment Print

Delhi High Court held that non-issuance of Police Clearance Certificate [PCC] merely due to pendency of FIR, without any conviction or finding of guilt, constitutes an unreasonable restriction.  Accordingly, court directed to issue PCC.

Competent authority authorized to decide rewards under informer schemes: Delhi HC

November 14, 2024 1137 Views 0 comment Print

Delhi High Court held that rewards under informer schemes are ex-gratia payments and thus, lie within the discretion of the competent authority. Court cannot direct Government to grant a particular amount to the informant by way of an award.

Re-assessment u/s. 149 r.w.s 153C beyond period of ten years untenable: Delhi HC

November 14, 2024 1677 Views 0 comment Print

Delhi High Court held that re-assessment proceedings set aside as assessment in respect of the AY 2015-16 falls beyond the period of ten years as stipulated u/s. 149 read with Section 153C of the Income Tax Act.

Income Escapement Alone Insufficient to Reopen Assessment under Section 147 Without Assessee’s Disclosure Failure: Delhi HC

November 13, 2024 6099 Views 0 comment Print

Delhi HC ruled reassessment under Section 147 is not valid post-closure of Section 143 proceedings if income underassessment results from AO error, not assessee fault.

Initiation of reassessment unjustified as nature and source of receipts duly explained: Delhi HC

November 13, 2024 804 Views 0 comment Print

Delhi High Court held that once the nature and source of receipts have been satisfactorily explained/proved and AO has not contradicted the explanation/information given by the assessee, there lies no cause for initiating the reassessment action.

Appeal dismissed in absence of substantial question of law: Delhi HC

November 8, 2024 894 Views 0 comment Print

Additionally, the assessee had also entered into transaction for IT support services for a value of ₹1,61,29,274/- in respect of purchase of computer hardware components. AO made a reference to the TPO for determining/verifying the ALP.

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