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Delhi High Court

Issuance of notice after expiry of period prescribed u/s 28(9) of Customs Act doesn’t survive

July 24, 2023 5028 Views 0 comment Print

Delhi High Court held that show cause notice issued after the expiry of the prescribed period under section 28(9) of the Customs Act, 1962 would not survive in law.

Section 148A(d) Order passed Without Personal Hearing: Delhi HC Sets Aside

July 24, 2023 1536 Views 0 comment Print

The Delhi High Court recently dealt with two writ petitions (W.P.(C) 6061/2023 and W.P.(C) 6062/2023) concerning Assessment Year (AY) 2016-17. The issue raised in these petitions was similar to the one in another case titled “Harvinder Singh (HUF) v. Principal Commissioner of Income Tax & Anr.

HC Directs Fresh Adjudication for Reassessment on Alleged Bogus Purchase

July 23, 2023 1041 Views 0 comment Print

Delhi High Court orders a fresh investigation in the Rajnish Yadav Vs ITO case, pertaining to allegations of bogus purchases under the Income Tax Act, citing lack of furnished information to the petitioner.

GST: Investigating Another Assessee’s Records Doesn’t Equate to Proceedings Against Petitioner

July 22, 2023 933 Views 0 comment Print

Court dismissed petitioner’s argument that a show cause notice was invalid due to parallel investigations, noting the investigations concerned a different individual.

HC Quashes 300% Penalty for Lack of Clear Violation Indication

July 22, 2023 6174 Views 0 comment Print

In-depth analysis of the recent Delhi High Court judgement in PCLT Vs Gopal Kumar Goyal, leading to a quashed 300% penalty imposed by the AO due to lack of clear indication on violation of the Income Tax Act, 1961.

Amount received from subscription of e-journals doesn’t qualify as royalty & hence not taxable

July 22, 2023 3936 Views 0 comment Print

Delhi High Court held that amount received from subscription of e-journals cannot be treated as royalty as right in respect of copyright to the concerned subscribers not granted. Hence, the same is not taxable in India.

Bail application rejected since twin condition u/s 45 of PMLA not qualified

July 21, 2023 777 Views 0 comment Print

Held that the petitioner is required to cross the bar of twin conditions as laid down under Section 45 of PMLA to be released on bail. In absence of the same, application stands dismissed.

Loan Availed in Earlier Years: No Annual Commercial Expediency Proof Needed

July 20, 2023 1011 Views 0 comment Print

The issue under consideration is that whether the assessee is required to demonstrate commercial expediency during each year concerning a loan which was availed during previous year relevant to A.Y. 2005-06.

Delhi High Court Sets Aside Assessment Order Over Inadequate Response Time

July 19, 2023 1485 Views 0 comment Print

Delhi High Court has set aside the assessment order issued against Dauphin Travel Marketing Private Limited. The main bone of contention was the inadequate response time given to the company to answer a show-cause notice, resulting in a breach of the principles of natural justice.

Section 153D Approval Invalid Without Assessment Records: No Cure Under Section 292B

July 19, 2023 1860 Views 0 comment Print

PCIT Vs Anuj Bansal (Delhi High Court)Approval Under Section 153D Given Without Considering Assessment Records and Seized Material Invalid and Not Curable Under Section 292B of Income Tax Act, 1961

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