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Delhi High Court

IGST & Compensation Cess on goods re-imported after being exported for repairs would be wholly exempt

January 16, 2022 5979 Views 0 comment Print

High Court observed that in the absence of specific mention of IGST and Compensation Cess in the Exemption Notification, only the BCD on the fair cost of repair charges, freight and insurance charges would be payable. The IGST and Compensation Cess would be wholly exempted. Therefore, the assessee could not be denied such exemption on reimport of repaired air-crafts and spare parts.

Delhi HC dismisses conducting of alleged parallel investigation by various jurisdictional authorities

January 13, 2022 7953 Views 0 comment Print

HC dismissed the applicability of Circular in a petition challenging the conduct of alleged parallel investigation by various jurisdictional authorities and affirmed the investigations conducted various jurisdictional authorities of the Revenue Department into entities having common nexus. Held that, Circular cannot be extended to cover all and myriad situations that may arise in the administration and the functioning of the GST structure.

Order denying DTAA benefit must contain reasoning or discussion for such denial

January 11, 2022 1299 Views 0 comment Print

Coursera Inc Vs ITO (Delhi High Court) The Petitioner in its application for certificate under section 197 dated 23.09.2021 describes itself as an e-platform operator. In the later part of the same application the petitioner claims itself to be a university for the purposes of article 12(5)(c) of the DTAA between India and United States […]

Bail granted to person accused of misappropriation of Rs.1800 cr

January 5, 2022 3771 Views 0 comment Print

Bail was allowed to accused person of committing fraud, misappropriation of money to the tune of Rs.1800 crores as investigation had not been completed despite the filing of the complaint on 30.10.2021.

HC grants bail to person accused of issuing fake paper invoices

December 31, 2021 1503 Views 0 comment Print

Iit was stated that the respondent to that application i.e. the present petitioner was still engaging himself in issuance of fake paper invoices and thereby passing of fake / ineligible ITC running into crores of rupees

HC allows Commuted value of lease rent for 90 years as revenue expenditure

December 28, 2021 1893 Views 0 comment Print

Coforge Limited (Formerly Known AS NIIT Technologies Ltd) Vs ACIT (Delhi High Court) Conclusion: Commuted value of lease rent at 11 times the rent payable for 90 years @ Rs 708913/- which amounted to Rs 7798042/- was deductible as expenditure in the year of payment as assessee chose to incur the liability of a crystallised […]

Writ Admitted In 153C Case of Non Searched Person For Not Supplying Satisfaction Note & Statement With Assessment Order

December 26, 2021 1008 Views 0 comment Print

Parvin Kumar Batta Vs DCIT (Delhi High Court) 1. Allowed, subject to the applicant/petitioner curing the deficiencies referred to in the captioned application within 15 days from today. CM No. 15835/2021 2. Allowed, subject to just exceptions. W.P.(C) 5166/2021 & CM No. 15834/2021 [Application filed on behalf of the petitioner seeking stay on the operation […]

HC stays assessment order passed without passing a draft assessment order

December 26, 2021 681 Views 0 comment Print

The claim of the petitioner is that the impugned assessment order dated 21.04.2021 has been passed, without adherence to the statutory provisions contained in clauses (xiv) to (xvi) of Section 144B (1), and 144B (9) of the Income Tax Act, 1961

Restraining exhibition of film post substantial expedition of time, money and effort is unjustified in law

December 22, 2021 954 Views 0 comment Print

Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court) Facts- In the present case, plaintiff (Sushant’s Singh family) questioned the court to examine the right to privacy of Sushant’s family to prevent the defendants from publishing film on Sushant’s life when the other side contended that the right to privacy of a celebrity extinguishes […]

Transfer Pricing: No penalty for mere difference in level of capacity utilization

December 20, 2021 1224 Views 0 comment Print

It has held that difference in the level of capacity utilization is an accepted principle, though denied in the relevant AY to the respondent. The same cannot, however, tantamount to filing without good faith and due diligence.

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