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Delhi High Court

Before Passing an Order U/s. 263 Principal CIT or CIT has to do their Own Enquiry

September 17, 2017 3285 Views 0 comment Print

Before Passing An Order Under Section 263 Principal Commissioner Or Commissioner Of Income Tax Has To Make His/Her Own Enquiry

Tax Exemption cannot be denied to Trust not meant for one particular religious community

September 14, 2017 1656 Views 0 comment Print

It has been found that the activities of the Assessee Society, though both religious and charitable, were not exclusively meant for one particular religious community. It was, therefore, rightly not denied exemption under Section 11 of the Act.

HC allows Import without IGST payment against Advance Authorization

September 14, 2017 4266 Views 0 comment Print

Delhi High Court on appeal by Narendra Plastic Private Limited  directed as under: (i) The Petitioner will be permitted to clear the consignments of imports constituting inputs for the fulfilment of its export orders placed on it prior to 1st July 2017 without any additional levies, and subject to the quantity and value as specified […]

Mere Cheque payment and establishing ID of creditors is not sufficient to make a loan genuine

September 13, 2017 2013 Views 0 comment Print

The use of deceptive loan entries to bring unaccounted money into banking channels plagues the legitimate economy of our country. The mere fact that the identity of the lenders is established & payments are made by cheques does not mean they are genuine.

Revision on the ground that AO did not conduct a detailed inquiry due to paucity of time is invalid

September 12, 2017 1488 Views 0 comment Print

S. 263: Lack of inquiry vs. Inadequate inquiry: Revision on the ground that the AO did not conduct a detailed inquiry on account of paucity of time is unfair to the assessee and invalid (Amitabh Bachhan 384 ITR 200 (SC) & Maithan International 375 ITR 123 (Cal) distinguished

Section 115JB does not apply to insurance companies

September 11, 2017 1827 Views 0 comment Print

Applicability of Section 115JB to insurance companies Turning now to ITA No. 447/2015, the question concerns the applicability of Section 115JB of the Act to insurance companies. The ITAT has permitted the Assessee to raise this question since, in a large number of judgments of the ITAT, the question has been answered in favour of […]

Exemption U/s. 11 cannot be denied for delayed-filing of audit report alongwith return due to seizure of accounts

September 10, 2017 6510 Views 0 comment Print

Conclusion: Where assessee trust could not file audit report as its accounts having been seized were released for quite a shorter time period before filing of return, however, the audit report had been filed along with revised return filed by assessee even before last date prescribed for completion of assessment, AO was not justified in denying exemption under section 11.

GST: Delhi HC grants interim relief to Gold Dore Bar Importers

September 8, 2017 2283 Views 0 comment Print

Rule 44 A is challenged as being ultra vires Section 140 of the CGST Act as well as the rule making powers under Section 164 thereof. It is contended that the impugned Notification is in grossly discriminatory and unreasonable and has imposed the restrictions which are applicable only to imported gold dore bars

Approval to Reopening by officer superior to Addl. DIT U/s. 151(2) is invalid

September 7, 2017 1236 Views 0 comment Print

This writ petition by Yum! Restaurants Asia PTE Ltd. under Articles 226 and 227 of the Constitution, seeks the quashing of a notice dated 28th March 2012 issued by the Deputy Director of Income Tax (hereinafter the Assessing Officer or AO) under Section 148 of the Income Tax Act, 1961 (hereinafter the Act) seeking to reopen the assessment for Assessment Year (AY) 2005-06.

Constitutional Validity of GST Compensation Cess- HC Admits Plea

September 7, 2017 2841 Views 0 comment Print

The challenge in this petition is to the constitutional validity of the Goods and Services Tax (Compensation to States) Act, 2017 (‘Act’). The context in which the challenge is laid is that the Petitioner is a trader of imported and Indian coal having its operation in various parts of the country. Prior to the impugned Act, under the Finance Act, 2010 (‘FA 2010’), with effect from 1st July 2010, a ‘Clean Energy Cess’ was levied under Chapter VII

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