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Delhi High Court

HC allows disqualified director in a Strike off Company to avail CODS 2018

January 18, 2018 10263 Views 5 comments Print

Admittedly,Company is not carrying out any businesss and its bank account has not been operated for over three years, petitioner ought to be provided benefit of CODS – 2018.

When the very basis of the reopening of the assessment having been eroded, notice under section 148 quashed in the case of Oracle

January 14, 2018 3639 Views 0 comment Print

When the very basis of the reopening of the assessment having been eroded, notice under section 148 quashed in the case of Oracle

HC penalizes VAT officials for Illegal Search and Seizure

January 8, 2018 2160 Views 0 comment Print

Teleworld Mobiles Pvt. Ltd. Vs. Commissioner Of Trade & Taxes (Delhi High Court) Counsel for the respondents have submitted that illegality of seizure or survey or investigation would not affect admissibility and relevancy of the evidence collected. The said evidence as per the respondent is admissible and decisions in M. Malkani versus State of Maharashtra, […]

Issues relating to Territorial Jurisdiction cannot be decided on the Administrative Side of CESTAT: Delhi HC [Read Order]

January 4, 2018 1653 Views 0 comment Print

It is obvious that the appeals should be listed on the judicial side, even if, there is an issue or debate with regard to the territorial jurisdiction of the Tribunal. Such matters cannot be decided on the Administrative side, by the Registry of the CESTAT, even when it is of the opinion that the appellants have not approached the right or correct Bench of the Tribunal having territorial jurisdiction.

No deduction allowed U/s. 43B of amount standing in ‘Sales-tax Recoverable A/c‟

January 3, 2018 4752 Views 0 comment Print

Whether the ITAT has committed an error of law in upholding the dis allowance of Rs. 3,08,79,171 in respect of Sales Tax Recoverable account, under Section 43B of the Income Tax Act?

Ensure wide publicity to Condonation of Delay Scheme, 2018: Delhi HC

January 2, 2018 1314 Views 0 comment Print

In a recent ruling, the Delhi High Court directed that the Condonation of Delay Scheme on its official website with a view to ensure that wide publicity is given to the scheme.

Sales Tax Subsidy will be treated as a non-taxable capital receipt

December 27, 2017 2043 Views 0 comment Print

Sunbeam Auto Private Limited Vs Pr. CIT (Delhi High Court) 1. These four writ petitions are by Sunbeam Auto Private Limited seeking inter alia the quashing of an order dated 30th March 2015 passed by the Principal Commissioner of Income Tax-8 (Pr CIT) under Section 264 of the Income Tax Act, 1961 (‘Act’), dismissing the […]

Excise Dept cannot confiscate a Vehicle merely because it was used to Transport Liquor

December 26, 2017 8532 Views 0 comment Print

Quashing the orders of the Financial Commissioner and the Excise Commissioner, the Delhi High Court held that the mere fact that the vehicle was used to transport liquor would not be sufficient for confiscating the same if the owner of the vehicle is able to establish that he/ she was not involved in the offence.

Reopening based on Change of opinion is invalid; HC dismisses Appeal in Airtel case

December 25, 2017 918 Views 0 comment Print

This Court is of the opinion that the ITAT’s impugned order is unexceptionable because it is premised upon the circumstance that in the absence of any fresh tangible material, it was not open, on mere re-appreciation of the existing circumstances, to reopen the concluded scrutiny assessment. The ITAT’s reasoning cannot, therefore, be faulted.

Allow manual filing of GST advance ruling application till online facility made available: HC

December 24, 2017 1455 Views 0 comment Print

It is held that where no facility for advance ruling was made available under GST, it was held that Department must accept manually application for advance ruling under GST since web portal would not be ready to accept the same till January, 2018.

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