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Delhi High Court

Writ not maintainable if statutory alternative remedy available at NCLAT

October 28, 2021 3024 Views 0 comment Print

Sunil Tandon Vs Union of India (Delhi High Court) Conclusion: Writ petition was not maintainable on account of the alternative statutory remedies available to assessee before NCLT/ NCLAT . Held: Assessee approached High Court on the ground that under the proviso to Section 241(2), it was only the Principal Bench of NCLT at Delhi which […]

Delhi HC admits WP staying special audit under Income Tax

October 5, 2021 1143 Views 0 comment Print

India Yamaha Motor Private Limited Vs PCIT (Delhi High Court) Writ of India Yamaha Motor (P) Ltd., Hon’ble Delhi High Court has admitted the Writ and has stayed the operation of letter of direction and order for special audit u/s 142(2A) of the Income Tax Act, 1961, as the same were issued in violation of […]

Due date for Aadhaar number seeding with UAN extended by Delhi HC till 30.11.2021

October 4, 2021 3120 Views 0 comment Print

High Court while extending the date for mandatory E-Seeding of Aadhar number with UAN  was extended from 30/09/2021 till 30/11/2021 subject to the following of certain interim directions issued.

Preventive detention order unsustainable on stale or illusory grounds having no real nexus with past prejudicial activity

October 4, 2021 1524 Views 0 comment Print

Preventive detention being drastic State action based only upon suspicion arising from a person’s past activity, can be allowed, as the settled legal position mandates, only if there is a live, causal link between a person’s past activities and the need for passing of a preventive detention order.

HC set aside Faceless Assessment Order as E filing Portal was not working

October 3, 2021 1410 Views 0 comment Print

Faqir Chand Vs National E-Assessment Centre (Delhi High Court) this Court is of the view that final assessment order has been passed in violation of principles of natural justice inasmuch as the petitioner did not have a reasonable opportunity to file a reply to the Show Cause Notice and draft assessment order dated 09th June, […]

SVLDRS benefit cannot be availed if Excise Duty amount is neither quantified nor communicated

October 2, 2021 570 Views 0 comment Print

No. 1 World Wide Express Pvt Ltd. Vs Union of India (Delhi High Court) In the present case there was a reference to a unilateral declaration of liability by the petitioner and not a quantification of demand by the Revenue in the letter/notice dated 20.11.2018 and therefore, the same does not make the petitioner eligible […]

IT dept undertakes to maintain confidentiality of seized material before HC

October 2, 2021 540 Views 0 comment Print

Newslaundry Media Pvt. Ltd. & Anr. Vs Director General of Income Tax (Delhi High Court) Mr. Digvijay Singh, DDIT (Investigation), states that the seized material is in safe custody of the Income Tax Department and it shall be used for the purposes of investigation and in accordance with law. Mr. Sharma, assures and undertakes to this […]

No addition u/s 153A in absence of incriminating materials seized at the time of search

September 29, 2021 3462 Views 0 comment Print

Completed assessments could be interfered with by AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. No addition could  be made under Section 153A as the cases of respondents were of non-abated assessments.

Private parties cannot apportion Income Tax liability by private agreement

September 28, 2021 5043 Views 0 comment Print

Rajeev Behl Vs PCIT (Delhi High Court) Sub-section (1) of Section 179 cast burden upon the director to prove that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part. The burden being on the director, the respondent ought to have established the requirements of the sub-section to […]

For Cases admitted by NCLT all proceeding should be concluded by NCLT only

September 27, 2021 4434 Views 0 comment Print

Shriraj Investment and Finance Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) Delhi HC: Where the case has been admitted in NCLT, all the contentions including power to initiate such proceeding should be raised before and concluded by NCLT only Shriraj Investment Pvt. Ltd. (Petitioner No. 1) and Casper Consumer Electronics […]

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