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Delhi High Court

Permitting Non timely disposal of RTI Application Would Defeat Purpose of RTI Act

September 5, 2021 1155 Views 0 comment Print

Cradle Life Sciences Pvt Ltd Vs Union of India (Delhi High Court) 1. The present petition has been preferred with a short grievance that despite repeated requests, neither the petitioner’s Right to Information (RTI) applications, nor the appeal preferred by it, are being decided by the respondent no.2. 2. Issue notice. Mr. Dev P. Bhardwaj […]

Reassessment restrained in 79 cases for not following section 148A procedure

September 2, 2021 3435 Views 1 comment Print

Revenue authorities were restrained from continuing with reassessment till further orders with respect to notices issued on or after 1-4-2021 without following the procedure prescribed under section 148A in 79 cases.

Technology to facilitate taxpayer & cannot be used to harass an assessee

August 30, 2021 1374 Views 0 comment Print

Krishan Agarwal Vs. PCIT (Delhi High Court) This Court is of the opinion that technology is intended to ease and facilitate transactions and cannot be used as a basis for harassing an assessee by asking him to repeatedly file unnecessary and irrelevant forms. This Court is also of the view that the software and the […]

Delhi HC permits Salary payment from provisionally attached bank accounts

August 28, 2021 1926 Views 0 comment Print

SPNN Business Services Pvt. Ltd. Vs Commissioner of Central Tax (GST) (Delhi High Court) Hon’ble Delhi High Court directed the Revenue to permit the petitioner company to collect a sum of Rs. 2 crores from bank accounts provisionally attached by the GST Dept, to pay salaries of employees. Facts: The Commissioner of Central Tax (GST), […]

Delhi HC Ruling On Refund of Amount Adjustment Towards Pre-Deposit In Excess of 20%

August 27, 2021 2817 Views 0 comment Print

This Court is of the view that the respondents are entitled to seek pre-deposit of only 20% of the disputed demand during the pendency of the appeals in accordance with paragraph 4(A) of the office memorandum dated 29th February, 2016, as amended by the office memorandum dated 25th August, 2017.

Depreciation not allowable on non-compete fee

August 23, 2021 3129 Views 0 comment Print

Fortis Hospitals LTD. Vs ACIT (Delhi High Court) The appellant had entered into a Business Transfer Agreement with Wockhardt Hospitals Ltd. on 24.08 .2009, for acquiring a business division of Wockhardt Hospitals Ltd. consisting of ten hospitals situated in the cities of Bangalore, Kolkata and geographical limits of Eastern Mumbai. The appellant claims to have […]

Delhi HC Issues Notice – Why Form GSTR 2 & 3 Not yet Operational

August 21, 2021 9294 Views 0 comment Print

United Construction Co. Vs Union of India (Delhi High Court) 1. Delhi HC has issued notice and directed the Secretary, Revenue to file an affidavit as to why FORMS GSTR-2 and  GSTR-3  have not been made operational despite the CGST having come into force four years ago. 2. The High Court noted that non-uploading of […]

HC rejects Plea Seeking Waiver Of Detention Charges Imposed By ICDs & CFSs During Lockdown

August 18, 2021 3108 Views 0 comment Print

Polytech Trade Foundation Vs Union of India (Delhi High Court) Conclusion: These are all issues involving disputed questions of fact, not amenable to adjudication under Article 226 of the Constitution of India. It is not open to the Court – just as it was not open to the executive authorities – to approach the matter solely […]

Delhi HC stays assessment framed u/s 143(3)/144B

August 16, 2021 2637 Views 0 comment Print

Centum Finance Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) Delhi High Court, in the case of Javin Centum Finance Ltd. vide order dated 12.8.2021, set aside the assessment , which was framed 143(3) r/s section 144B of the Income Tax Act, 1961 on 11.6.2021, on the basis of notices issued […]

Rejection of Nil/lower withholding tax certificate: HC refers matter back to AO

August 15, 2021 1797 Views 0 comment Print

Cloudtail India Private Limited Vs CIT (Delhi High Court) Mr. Ruchir Bhatia, Advocate accepts notice on behalf of respondents. He states that AO has given reasons for rejecting petitioner’s Form 13 application for Nil/lower withholding tax certificate. He also states that as there was limited scrutiny for A/Y 2018-19, the provision for slow and ageing […]

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