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Delhi High Court

Expense on failure to perform as per concessionaire agreement for Construction of Assets on BOT Basis

January 20, 2019 561 Views 0 comment Print

PR. CIT Vs Green Delhi BSQ Ltd. (Delhi High Court) The respondent-assessee was to construct, operate and maintain bus shelters. The respondent-assessee was also under an obligation to pay Rs.4.09 crores per month to the Delhi Transport Corporation. The shelters were not owned by the respondent-assessee. The Central Board of Direct Taxes vide Circular No. […]

Section 148 notice cannot be issued against deceased Assessee

January 15, 2019 8415 Views 0 comment Print

Rajender Kumar Sehgal Vs ITO (Delhi High Court) When the notice was issued, the assessee was already dead. If the Department intended to proceed under Section 147 of the Act, it could have done so prior to 31st March 2017 by issuing a notice to the LRs of the deceased. Beyond that date it could […]

Reassessment solely based on Audit Objection is barred by Provisions of Section 147/148

January 14, 2019 5181 Views 0 comment Print

FIS Global Business Solutions India Pvt. Ltd. Vs PCIT (Delhi High Court) Reliance by the Revenue upon an audit report, cannot be considered as tangible material. This Court is of the opinion that Carlton Overseas Pvt. Ltd. v. Income Tax officer & Ors., (2009) 318 ITR 295 concludes the issue in the present case; the audit objection […]

Question of Violation of Section 10AA(4)(ii) should be raised in First Year of Operation / Exemption

January 12, 2019 1875 Views 0 comment Print

CIT Vs Macquarie Global Services Pvt Ltd (Delhi High Court) It is an accepted and admitted position that the unit in the SEZ had commenced business in the period relating to the Assessment Year 2011-12. The assessee had claimed and was allowed deduction under Section 10AA in the Assessment Years 2011-12 and 2012-13. The Assessing […]

Drawback on re-exports – GR declaration when not required

January 10, 2019 4842 Views 0 comment Print

International Lease Finance Corporation Vs Union of India & Ors. (Delhi High Court) Delhi High Court has held that non-commercial re-export of duty-paid goods would be entitled to drawback under Section 74 of the Customs Act and that requirement of Guaranteed Remittance was not necessary in a case where the exporter and owner of the […]

GST: Quantitative CAP on Rectification of Mistakes in ITC claim- HC admit writ

December 22, 2018 1038 Views 0 comment Print

A rectification within a month is not necessary but that as many rectifications, as are necessary, for the dealers to correct the mistakes discerned later not merely on account of its errors but on account of the errors, in receipt of inputs or from the buyers’ transactions would also be admissible.

Reassessment notice solely based on audit opinion not valid

December 16, 2018 1209 Views 0 comment Print

PCIT Vs FIS Global Business Solutions India Pvt. Ltd (Delhi High Court) In the present case, the reassessment notice is solely based on an audit opinion. Having regard to the fact that the assessee’s challenge to the previous year’s re-assessment orders was successful – in FIS Global Business Solutions India Pvt. Ltd. v. ACIT 2018 (408) […]

Unregistered Partnership Firm can file Suit against Dishonour of Cheque: Delhi HC

December 13, 2018 9093 Views 1 comment Print

In the instant case, the respondent is seeking enforcement of the liability of the petitioners created under Section 30 and 37 of the Negotiable Instruments Act, 1881 as the cause of action for the plaint is based on the dishonour of the said cheques. Since, the suit is not based on any contract between the parties, the bar under Section 69 (2) of the of the Indian Partnership Act,1932 would not apply.

HC admit Appeal on Power of Commissioner related to Form GSTR-3B & GST Payment date issue

November 26, 2018 1230 Views 0 comment Print

Delhi HC to examine validity of Circular No.07/07/2017-GST & Rule 61(5). Challenge on due date for filing GST return and delegation of authority. Next hearing on 12th February, 2019.

Central Excise Officers of DGCEI have all India jurisdiction : Delhi HC

November 16, 2018 5286 Views 0 comment Print

National Building Construction Company Limited Vs Union Of India & Ors. (High Court Delhi) Delhi High Court held as under: (i) Central Excise Officers of DGCEI have all India jurisdiction and can issue notices and enquire into the matters relating to service-tax against any assessee/ person even if the said person or assessee is registered […]

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