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Delhi High Court

HC directs reconsideration of ITC claim under newly introduced Section 16(5)

September 3, 2024 1392 Views 0 comment Print

Delhi High Court sets aside the order denying Input Tax Credit under CGST Act, remands case for reconsideration in light of Finance Act 2024 amendments.

Reassessment action based on wholly erroneous view is liable to be quashed: Delhi HC

September 2, 2024 735 Views 0 comment Print

Delhi High Court held that entire assumption of jurisdiction u/s. 148 is based on a wholly erroneous view that payment made for acquiring mining rights is to be treated as income. Since, such payment is not income, reassessment action based on erroneous view quashed.

Passing of fresh assessment order beyond time prescribed u/s. 153(3) cannot be sustained: Delhi HC

September 2, 2024 1041 Views 0 comment Print

Delhi High Court held that passing of fresh assessment order beyond time limit prescribed under section 153(3) of the Income Tax Act cannot be sustained and hence set aside.

Delhi HC directes to prove payment for inward supplies in respect of which refund claimed

August 30, 2024 918 Views 0 comment Print

Delhi High Court directed petitioner to satisfactorily prove that payment was duly made for inward supplies in respect of which it had claimed refund of accumulated Input Tax Credit (ITC).

Denial of Cenvat Credit merely due to incorrect address on invoice not justified: Delhi HC

August 30, 2024 1161 Views 0 comment Print

Delhi High Court held that denial of Cenvat Credit merely because invoice contained incorrect address unjustified as invoice contained all the requisite particulars as required under proviso to Rule 9(2) of the Cenvat Credit Rules, 2004.

Case Analysis of Tiger Global International III Holdings v. Authority for Advance Rulings (Income- Tax) & Ors.

August 30, 2024 3615 Views 0 comment Print

Tiger Global International III Holdings Vs Authority for Advance Rulings (Income- Tax) & Ors. (Delhi High Court) The Delhi High Court delivered a significant judgment in the case of Tiger Global International III Holdings v. The Authority for Advance Rulings (Income-Tax) & Ors., reaffirming the importance of the Tax Residency Certificate (TRC) in international tax […]

AO restricting TDS claim unjustified as it is not as directed by Tribunal: Delhi HC

August 28, 2024 702 Views 0 comment Print

Delhi High Court held that as directed by Tribunal AO was required to verify and attend grievance of short credit of TDS. Thus, restricting TDS claim of petitioner to disclosures made in return unjustified.

Entertainment Tax Act Lacks Mechanism for Assessing & Collecting Tax on Sponsorships: Delhi HC

August 27, 2024 447 Views 0 comment Print

Delhi High Court held that the Entertainment Tax Act does not contain a mechanism for assessing and collecting tax on sponsorships. The imposition of a tax on sponsorship under the Entertainment Tax Act must fail in the absence of a specific charging provision.

PCCIT Approval Without Application of Mind Invalidates Section 148A(d) Order: Delhi HC

August 26, 2024 1455 Views 0 comment Print

Delhi High Court held that failure of PCCIT to satisfactorily record its concurrence and granting of approval for reopening of assessment without application of mind invalidates the order issued u/s. 148A(d) of the Income Tax Act.

Non-Receipt of SCN due to Director’s Death & Cessation of Business: HC directs re-adjudication

August 24, 2024 2124 Views 0 comment Print

Delhi HC overturned ₹2.33 crore GST demand due to non-receipt of SCN and inaccessible GST portal after director’s death and business closure.

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