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Delhi High Court

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

September 19, 2024 1680 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 951 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 1944 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.

SCN Lacking Date or Time: Delhi HC Orders Reconsideration of GST Registration Cancellation

September 17, 2024 669 Views 0 comment Print

Delhi High Court restores GST registration appeal for Alufab Ores Pvt Ltd due to improper SCN and missed hearings, granting another chance to contest the cancellation.

GST Cancellation SCN Must Detail Reasons for such action: Delhi HC

September 17, 2024 972 Views 0 comment Print

Delhi HC sets aside GST cancellation order for lack of detailed reasons in SCN, stressing the importance of clear grounds for adverse actions under GST regulations.

No GST Registration Cancellation for Periods with Filed Returns: Delhi HC

September 17, 2024 687 Views 0 comment Print

Delhi High Court rules against retroactive GST registration cancellation for periods with filed returns, limiting cancellation to post-death periods of the taxpayer.

Flat owner’s society employing person for rendering personal services doesn’t qualify as workmen: Delhi HC

September 16, 2024 1245 Views 0 comment Print

The building, namely Kanchanjunga was constructed in the year 1972 by its promoters M/s Kailash Nath & Associates which had engaged some persons to look after the security of the building maintenance and cleaning of the common area of the building and lift etc.

Prior to passing of final assessment order it is mandatory to pass draft assessment order: Delhi HC

September 10, 2024 3048 Views 0 comment Print

Delhi High Court held that passing of a draft assessment order as mandated under section 144C of the Income Tax Act is mandatory prior to passing of final assessment order. Accordingly, order liable to be set aside.

Delhi HC Cancels GST Registration Order for Natural Justice Violation

September 9, 2024 399 Views 0 comment Print

Delhi HC repeals GST registration cancellation order for Nutech Appliances due to failure to adhere to natural justice principles and inadequate show cause notice.

Liability determined under DTVSV Act cannot be revised by Income Tax authority: Delhi HC

September 7, 2024 1611 Views 0 comment Print

Delhi High Court held that determination as carried out by the Designated Authority under Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act] is clearly rendered finality and cannot possibly be reopened or revised by any authority under the Income Tax Act. Accordingly, rectification notice issued u/s. 154 quashed.

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