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Delhi High Court

ITAT cannot exercise Power to Remand in a routine manner

January 4, 2021 3207 Views 0 comment Print

It is well settled law that remand is not a power to be exercised in a routine manner and should be used sparingly, as an exception only when the facts warranted such course of action.

HC direct banks to maintain Classification of Accounts of RCOM & its subsidiary

December 28, 2020 717 Views 0 comment Print

Punit Garg & Anr Vs Union Bank Of India & Ors. (Delhi High Court) 1. Issue notice. Mr. O. P. Gaggar, Advocate accepts notice for R-1 and Mr. Shantanu Tyagi, Advocate accepts notice for R-4 and R-5. On steps being taken, notice be issued to the respondent No.3/RBI through all permissible modes including Dasti Service. […]

Failure to pass draft assessment order U/s. 144C(1) invalidates final assessment order

December 24, 2020 10173 Views 0 comment Print

PCIT Vs Headstrong Services India Pvt. Ltd. (Delhi High Court) It is now settled law that failure to adhere to the mandatory procedure prescribed under Section 144C of the Act would vitiate the entire proceedings and the same cannot be treated as an irregularity/ curable defect. In ESPN Star Sports Mauritius S.N.C. ET Companies vs. […]

Miscellaneous application filed within 6 Month of actual receipt of order is not barred by limitation

December 23, 2020 13074 Views 0 comment Print

ITAT has erroneously concluded that the miscellaneous application filed by the petitioner was barred by limitation under Section 254(2) of the Act inasmuch as the petitioner had filed the miscellaneous application within six months of actual receipt of the order.

No Penalty if issue is debatable on which Appeal is been admitted

December 22, 2020 8082 Views 0 comment Print

Delhi High Court has upheld the deletion of the penalty on the ground i.e. the fact that appeals were admitted proved that the issue was debatable.

Addition justified for Bogus Donation received by Educational Trust

December 22, 2020 1815 Views 0 comment Print

Addition made by AO against Educational Trust on account ofdonations were found to be bogus  was justified as  assessee failed to discharge the onus of proof cast upon it and no attempt was made to produce credible material to corroborate the transactions or to explain the contradictory evidence that it was confronted with.

AO Cannot Ignore Mandate of Rule 28AA & Proceed on Any Other Basis

December 21, 2020 2997 Views 0 comment Print

Manpowergroup Services India Pvt. Ltd. Vs CIT (Delhi High Court) THE ASSESSING OFFICER CANNOT IGNORE THE MANDATE OF RULE 28AA AND PROCEED ON ANY OTHER BASIS AS THE GOVERNMENT IS BOUND TO FOLLOW THE RULES AND STANDARDS THEY THEMSELVES HAD SET ON PAIN OF THEIR ACTION BEING INVALIDATED. CONSEQUENTLY, THE IMPUGNED ORDER IS QUASHED ON […]

HC grants bail to person accused of availing fraudulent ITC of Rs. 10.84 Cr

December 21, 2020 762 Views 0 comment Print

Sh Raghav Agarwal Vs Commissioner of Central Tax And GST Delhi North (Delhi High Court) 2. The applicant was arrested by an Arrest Memo dated 18.11.2020, issued by the Superintendent (Anti-Evasion), Commissioner Central Tax, GST Delhi 3. Mr Gupta, learned senior counsel appearing for the applicant has referred to the Arrest Memo, which indicates that […]

HC allows filing of revised Delhi VAT return subject to SC verdict

December 17, 2020 1797 Views 0 comment Print

SRF Limited Vs Commissioner of VAT (Delhi High Court) Petitioner approached DVAT Department, Delhi vide letter dated 22-04­-2018 to seek permission to amend the revised return so as to enable it to download Forms F for the Quarter ending 31-03-2016. He points out that October, 2019 was written by the petitioner, the impugned order was […]

HC denies anticipatory bail in alleged money laundering case

December 15, 2020 1530 Views 0 comment Print

Where assessee was the Managing Director of ITNL when all the 10 alleged bogus contracts were awarded therefore, assessee’s knowledge and involvement in the alleged awarding of contracts could not be ruled out. Indeed, the Investigating Officer had interrogated the assessee twice, however looking at the gravity of the offence and the aspect of pending investigation relating to finding out the real beneficiaries of the siphoned off money, this Court found itself in disagreement with the submission that no more interrogation in custody was required.  Accordingly, the assessee’s bail application was dismissed on account of involvement of huge money laundering .

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