Sponsored
    Follow Us:

Delhi High Court

Stay order need to be reasoned order and should not be a mere direction to pay

September 20, 2018 3378 Views 0 comment Print

LG Electronics India Private Limited Vs PCIT (Delhi High Court) Mr. Deepak Chopra, learned counsel for the Petitioner, has produced before this Court a copy of OM dated 31st July, 2017 which modifies the earlier OM, dated 29th February, 2016, issued by the Central Board of Direct Taxes (‘CBDT’), stating that standard rate for grant of stay […]

Reassessment Valid if There Is Tangible Material For Reopening

September 15, 2018 921 Views 0 comment Print

The Delhi High Court held that the entire premise of the reassessment notices in this case is that the nondisclosure of the taxing event, i.e. allotment of shares (and the absence of any declaration as to value) deprived the AO of the opportunity to look into the records.

Service Tax Payment before issue of SCN not a bar to Impose Penalty

September 12, 2018 6588 Views 0 comment Print

N & N Chopra Consltants Pvt. Ltd Vs Principal Commissioner, Goods & Service Tax & Central Excise (Delhi High Court) The facts of this case, in the opinion of this court, notes that the assessee was aware about its service tax liability; despite this knowledge, it filed its returns claiming that no liabilities were attracted. […]

Penalty U/s. 271(1)(c) not attracted for a mere wrong claim

September 12, 2018 19836 Views 1 comment Print

Pr. CIT Vs Samtel India LTD (Delhi High Court) From the facts of this case it is clear that the assessee disclosed all the particulars of his income. The AO has disallowed his claim without holding it to be bogus or false. Hence, the genuineness of the loss occurred is not at question here. The […]

Income Tax dept can reassess Income of Sonia and Rahul Gandhi: Delhi HC

September 11, 2018 2775 Views 0 comment Print

Sonia Gandhi & Oscar Fernandes Vs. ACIT and Rahul Gandhi Vs. PCIT (Delhi High Court) The entire premise of the reassessment notices in this case is that the non­disclosure of the taxing event, i.e. allotment of shares (and the absence of any declaration as to value) deprived the AO of the opportunity to look into […]

Section 138 Attracted Even If Cheque Issued For Sale Consideration Not Disclosed in Sale Deed

September 2, 2018 16983 Views 1 comment Print

Bhawish Chand Sharma Vs Bawa Singh (Delhi High Court) The mutual agreement between the parties to disclose only a part of the consideration under the sale deed may attract other consequences for the parties. However, that by itself does not render the underlying transaction unlawful. Pertinently, it is not claimed that at the relevant time, […]

CIC Cannot Order Disciplinary Action against Appellate Authority

August 29, 2018 2712 Views 0 comment Print

Mr. T. Sudhakar, Vs Mr. Jasmeet Singh, (Delhi High Courts) Section 19(1) makes a provision for filing of an appeal if a person is aggrieved by a decision or inaction of the CPIO. The Appellate Authority in sub-section (1) of Section 19 is classified as an officer senior in rank to the CPIO meaning thereby […]

Customs Duty payable on Amazon Kindle as it is not a Dictionary

August 28, 2018 2310 Views 0 comment Print

Union Of India & Anr Vs Amazon Seller Services Pvt. Ltd. (Delhi High Court) 27. In the present case, the exemption notification was to allow import of ―electrical machines with translation or dictionary functions” at nil rate of duty. In whatever manner we interpret the said words the interpretation should not be irrational and arbitrary. […]

Mere omission to fulfill tax liability not amounts to fraud or misrepresentation

August 24, 2018 2019 Views 0 comment Print

Commissioner of Central Tax GST Vs Team HR Services Ltd. (Delhi High Court) The mere advertence to the possibility of service tax – without any material or evidence – or even a finding that such service tax had been collected by the assessee during the past, cannot per se amount to a conclusion that it […]

Assessee cannot question jurisdiction of AO in case of non-compliance and/or after the stipulated period

August 22, 2018 11307 Views 0 comment Print

Abhishek Jain Vs ITO (Delhi High Court) Abhishek Jain, as an individual, has filed the present writ petition for quashing notice dated 18th February, 2016 issued under Section 148 read with Section 147 of the Income-tax Act, 1961 (hereinafter referred to as the ‘Act’) for the assessment year 2009-10 by the Income-tax Officer, Ward No.1 (1), […]

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031