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Delhi High Court

Denial of refund as tax deducted by Land Acquisition Collector not reflected in Form 26AS unjustified

September 21, 2024 855 Views 0 comment Print

Delhi High Court held that deduction of tax by Land Acquisition Collector is duly, however, the same was not reflected in Form 26AS. Thus, petitioner cannot be penalized for mere reason that Form 26AS suffered from a discrepancy.

GST Registration Cancellation Without intelligible Reason Unwarranted: Delhi HC

September 21, 2024 468 Views 0 comment Print

Delhi High Court held that cancellation of GST registration with retrospective effect without providing any intelligible reason for cancellation is unsustainable. Accordingly, impugned cancellation order is void.

No reassessment if AO failed to issue mandatory notice u/s 143(2) before assessment

September 21, 2024 1548 Views 0 comment Print

Where AO failed to issue a notice under Section 143(2) and proceed directly by rejecting the  return filed by assessee, the reassessment action would thus be liable to be quashed.

Reopening concluded assessment jurisdictionally not sustainable: Delhi HC

September 21, 2024 870 Views 0 comment Print

Delhi High Court held that that there was no justification for the respondents to issue notices afresh seeking to reopen the proceedings which had been concluded prior to the judgment passed in Ashish Agarwal.

Source State’s Right to Attribute Income to a PE Based on Global Income/Loss

September 21, 2024 1482 Views 0 comment Print

Delhi High Court clarifies taxability of profits attributed to a Permanent Establishment (PE) under the India-UAE DTAA, even when global losses are incurred.

CCI Lacks Jurisdiction Over Patent Holder’s Actions Under Patents Act: Delhi HC

September 21, 2024 1113 Views 0 comment Print

Delhi High Court addresses Ericsson’s challenge to CCI jurisdiction over Standard Essential Patents (SEPs) and royalty claims under the Competition Act.

Taxpayer liable for statutory non-compliance even after GST registration cancellation: Delhi HC

September 19, 2024 1041 Views 0 comment Print

Delhi High Court held that cancellation of a tax payer’s GST registration does not absolve the tax payer from being held accountable for any statutory non-compliance or absolves it from any liability under the statute.

Reopening of assessment based on DVO report without application of mind unsustainable: Delhi HC

September 19, 2024 1614 Views 0 comment Print

Delhi High Court held that initiation of reassessment under section 147/148 of the Income Tax Act merely on the basis of DVO report without application of mind by the AO is unsustainable and liable to be quashed.

No Reassessment Without Reasoning to Support Income Escape Claim

September 19, 2024 915 Views 0 comment Print

Reassessment under section 147 was not justified as there was no “close nexus” or “live link” between tangible material and the reason to believe that income had escaped assessment.

Department Cannot Pass Adverse Orders Without Hearing: Delhi HC

September 17, 2024 1887 Views 0 comment Print

Delhi HC rules department cannot pass adverse orders without giving taxpayers a reasonable opportunity of hearing under CGST Act in Mohinder Kumar Vs. Pr. Commissioner case.

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