Delhi High Court

A claim of creditor cannot be said to be barred by limitation if acknowledged by the debtor

Commissioner Of Income Tax Del Vs. M/S Banaras House Ltd. (Delhi High Court)

A division bench of the Delhi HC comprising Justice Sanjiv Khanna and Justice Chander Shekhar denied the dis allowance made in case of old creditors under section 40(1) of the Income Tax Act. ...

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Exporters to furnish bonds to export without paying IGST: Delhi HC

Aphro Ecommerce Solutions (P.) Ltd. Vs Union of India (Delhi High Court)

The question raised in the present petition concerns Rule 96A of the Central Goods and Services Tax Rules, 2017 and Circular No. 4/4/2017- GST issued by the Central Board of Excise and Customs (GST Policy Wing), in terms of which any person exporting goods or services without payment of integrated tax is required to furnish a bond or a le...

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HC allows Input tax credit of clean energy cess on coal stock as on 30.06.2017

Hind Energy & Coal Benefication (India) Ltd. Vs. Union of India (Delhi High Court)

Petitioner here will continue to pay the taxes as and when they fall due after availing and utilizing the credit for the cess already paid. This will, however, be subject to the final orders passed by this Court....

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CA Final Result Controversy: HC asks ICAI to produce relevant documents

Milind Aggarwal & Ors Vs. ICAI (Delhi High Court)

In a interim order Delhi High Court has held in the case of Milind Aggarwal & Ors Vs. The Institute Of Chartered Accountants Of India that ICAI shall produce the relevant official records pertaining to the receipt and compilation of the documents, the moderation procedure adopted leading to the final declaration of results which would...

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Non-Adjustable Deposit for Acquisition of Membership paid to NSE is Capital Expenditure

M/s Abhipra Capital Limited Vs. Deputy Commissioner of Income Tax (Investigation) (Delhi High Court)

In the case of M/s Abhipra Capital Limited vs Deputy Commissioner of Income Tax (Investigation), the Delhi High Court held that amount paid to National Stock Exchange (NSE) as non-adjustable deposit for acquisition of membership cannot be treated as revenue expenditure and the same would be termed as capital expenditure. ...

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Carry forward of KKC, EC etc. into GST: Implications of recent Delhi High court decision

Cellular Operators Association of India and Others Vs UOI and Others (Delhi High Court)

Education Cess was being levied on Central Excise and Service Tax from 10.09.2014. Education Cess paid on the purchase was available as a credit against payment of education cess on payment on the output removal. ...

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Dissemination of yoga or vedic philosophy is medical relief’ U/s. 2(15)

CIT Vs. Patanjali Yogpeeth (NYAS) (Delhi High Court)

Dissemination of Yoga or vedic philosophy or the practice of yoga or education with respect to yoga was well within the larger term ‘medical relief’ as covered within section 2(15)....

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Certificate U/s. 80G would not automatically lead to exemption from purview of Payment of Bonus Act, 1965

Batra Hospital Employees Union Vs. Batra Hospital & Medical Research (Delhi High Court)

Batra Hospital Employees Union Vs. Batra Hospital & Medical Research (Delhi High Court) It would be hazardous to presume that every organization, which is certified under Section 80-G of the Income Tax Act, would, of necessity, be entitled, ipso facto, to immunity from the applicability of the Payment of Bonus Act. There is substance,...

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Gift tax not applicable on share transfers or transfer of property to effectuate a settlement

Commissioner Of Gift Tax Vs. Ramesh Suri (Delhi High Court)

The difference between the market value of the shares and the value of the transfer was held to constitute deemed gift under Section 4 and that amount was brought to tax. The Gawahati High Court found that the transfer was pursuant to a family settlement and stated that the provisions of the Gift Tax Act would not be applicable....

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HC held expense on Repair & Maintenance by Rambagh Palace Hotels as Revenue in Nature

Principal CIT Vs Rambagh Palace Hotels Pvt. Ltd. (Delhi High Court)

The Delhi High Court recently ruled that the repair and maintenance expenditure incurred by a Hotel is revenue expenditure under the Income Tax Act. ...

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