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Delhi High Court

Reassessment of completed assessment Without Incriminating Material Untenable: Delhi HC

April 12, 2024 3003 Views 0 comment Print

Delhi High Court held that a reopening or abatement would be triggered only upon the discovery of material which is likely to “have a bearing on the determination of the total income”. Thus, AO seeking to reassess completed assessment without incriminating material is untenable in law.

ITC cannot be denied without examining documents submitted by Taxpayer

April 12, 2024 2106 Views 0 comment Print

Absence of proper scrutiny and justification for rejecting petitioner’s ITC claims warranted the court to set aside the impugned order and remit the matter for re-adjudication.

Interest on compensation taxable as income from other sources: Delhi HC

April 11, 2024 3720 Views 0 comment Print

In PCIT vs Inderjit Singh Sodhi (HUF), Delhi High Court examines whether interest on compensation is taxable as income from other sources. Read the detailed analysis.

GST registration cannot be cancelled retrospectively for non-filing of return for some period

April 11, 2024 993 Views 0 comment Print

Merely, because a taxpayer has not filed GST returns for some period does not mean that taxpayer’s registration is required to be cancelled with retrospective date also covering the period when the returns were filed, and taxpayer was compliant.

HC set-aside GST Registration cancellation SCN/Order for lacking reason for retrospective cancellation

April 11, 2024 660 Views 0 comment Print

Delhi High Court overturns retrospective GST registration cancellation due to lack of details in notice and order, orders modification from date of notice.

HC Quashes GST order for Failure to Seek Further Details from Petitioner 

April 11, 2024 729 Views 0 comment Print

Impugned GST order dismissed petitioner’s reply as unsatisfactory and lacking substantial documents. court highlighted absence of any request for further details from petitioner, indicating a failure to engage with submitted reply effectively.

Ex-parte Order Invalid if SCN Issued Post GSTN Cancellation: Delhi HC

April 11, 2024 1260 Views 0 comment Print

Delhi High Court rules that an ex-parte order cannot stand if the taxpayer’s GSTN is cancelled, hindering response. Detailed analysis and implications discussed.

GST: HC directs to pass fresh speaking order with opportunity of personal hearing

April 11, 2024 1620 Views 0 comment Print

Court observed that the petitioner had provided a detailed reply addressing each head of the Show Cause Notice. However, the impugned order merely stated that the reply was not satisfactory without providing any substantive reasoning or analysis. The Court held that this lack of consideration rendered the order unsustainable.

AO Must Adhere to TPO’s ALP in International Transactions: Delhi HC

April 11, 2024 1776 Views 0 comment Print

Delhi High Court rules AO can’t deviate from Transfer Pricing Officer’s determined Arm’s Length Price (ALP) in international transactions, upholding assessee’s writ petition.

Recording of Reasons Mandatory for Retrospective GST Registration Cancellation

April 11, 2024 477 Views 0 comment Print

Delhi High Court modifies retrospectively canceled GST registration in Anil Soni Prop vs Superintendent case. Analysis of court judgment and implications of retrospective cancellation.

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