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Delhi High Court

Duty demand on leftover liquor stock sustained as duty evaded behind cloak of different companies

December 2, 2023 735 Views 0 comment Print

Delhi High Court held that liquor being sold by different companies incorporated by appellant. Accordingly, manufacturer and seller of the liquor was one and entire attempt was to avoid payment of excise duty by hiding behind the cloak of different companies. Hence, demand of excise duty on leftover stock upheld.

SCN not mention delayed payments or specify alleged non-existent dealer: HC Set-aside order

December 1, 2023 888 Views 0 comment Print

Delhi High Court orders re adjudication in Omkara Footwear case, challenging rejection of refund appeals for non-existent entity and delayed payment. Full judgment analysis.

DGFT Trade Notice no. 08/2023 dated 20.06.2023 relating to export of broken rice set aside

December 1, 2023 1041 Views 0 comment Print

Delhi High Court held that the Trade Notice no. 08/2023 dated 20.06.2023 issued by DGFT setting out the conditions of eligibility and procedure for allocation of quota for export of broken rice set aside. Further, respondent are directed to re-evaluate the criteria for allocation of quota for export of broken rice.

Disallowance under section 14A r.w. Rule 8D cannot exceed exempt income

December 1, 2023 6231 Views 0 comment Print

Delhi High Court’s decision in ITA 1260/2018, addressing disallowance under Section 14A of the Income Tax Act. Learn about the quantum, computation, and implications for Caraf Builders & Constructions Pvt. Ltd.

Delay condoned considering time spent in pursuing review application

November 30, 2023 2676 Views 0 comment Print

Delhi High Court held that applicant cannot be denied the benefit of time spent by it in pursuing the review application as it was a sufficient cause which sought to explain the delay. Accordingly, delay of 79 days in filing appeal condoned.

Second proviso to section 40(a)(ia) is declaratory and as retrospective effect from 01.04.2005

November 30, 2023 1851 Views 0 comment Print

Delhi High Court held that the insertion of second proviso to Section 40(a)(ia) of the Act is declaratory and curative in nature and has retrospective effect from 1st April 2005. Petition dismissed in view that appeal doesn’t bear any substantial question of law.

Delhi HC Stays alleged Time Barred Section 148 Income Tax Notice

November 30, 2023 3033 Views 0 comment Print

Delhi HC grants stay on alleged time-barred Section 148 Income Tax notice for AY 2012-13. Get insights into legal aspects and implications of decision.

HC dismisses appeal for inclusion of Statutory Income Tax dues in already approved Resolution Plan 

November 30, 2023 714 Views 0 comment Print

Delhi HC dismisses AY 2008-09 appeal; Resolution Plan lacks provision for statutory dues. Explore the court’s decision on the maintainability of the appeal.

Recovery proceedings against deductee unjustified even if deductor failed to deposit tax & is undergoing CIRP

November 29, 2023 1038 Views 0 comment Print

Delhi High Court held that initiation of recovery proceedings against deductee as deductor failed to deposit tax with Government and deductor is undergoing CIRP is unjustified and unsustainable in law.

Section 12A, 12AA & 12AB registration cancellation: HC dismisses writ as appellant suppressed material facts

November 29, 2023 5718 Views 0 comment Print

Delhi High Court dismisses Environics Trust’s writ challenging the IT Act reassessment order. Detailed analysis of the judgment and key legal arguments.

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