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Delhi High Court

Subsidy received for establishing an industrial unit in backward area is capital receipt

July 10, 2023 1119 Views 0 comment Print

Delhi High Court held that subsidy received from Government of Goa for establishing an industrial unit in a backward area is capital receipt. Further, as subsidy was not intended to meet part of cost of assets, no adjustment against cost of asset could be ordered.

Delhi Municipal Corporation Act, 1957 doesn’t levy of tax on professional activity carried out from residential building

July 6, 2023 2127 Views 0 comment Print

Delhi High Court held that as Delhi Municipal Corporation Act, 1957 doesn’t include ‘professional activity’ of lawyers as ‘commercial activity’. Accordingly, under the DMC Act there is no power to tax ‘professional activity’ carried out from residential building.

Escaped assessment of outward foreign remittances – HC Orders Re-examination of Material

July 5, 2023 588 Views 0 comment Print

Read the full text of the judgment in the case of Ashok Kumar Sinha vs ACIT, where the Delhi High Court sets aside the assessment order and notices issued under the Income Tax Act, directing a re-examination of the material provided by the petitioner and a fresh assessment by the Assessing Officer.

HC Allows Challenge to Audit Report Despite Involvement in Auditor Appointment

July 5, 2023 3000 Views 0 comment Print

The Delhi High Court overturns a previous ruling, stating that participants can challenge the result of an audit. Learn about the Court’s rationale and its implications for the future.

Exclude Period from 01.03.2020 to 28.02.2022 for Calculating GST Refund Limitation Period: HC

July 5, 2023 8220 Views 0 comment Print

The Delhi High Court has granted a favorable judgment for GST refunds by excluding the period from March 1, 2020, to February 28, 2022, in the calculation of the limitation period.

Delhi High Court Ruling: GST Refund on Market Research Services Allowed

July 5, 2023 1668 Views 0 comment Print

Dive into the Delhi High Court’s decision in the case of Ohmi Industries Asia vs Assistant Commissioner, which paves the way for GST refunds on Market Research Services.

Assessment Order cannot be directed against Only One of Deceased Assessee’s Legal Heirs

July 4, 2023 2196 Views 0 comment Print

Delhi High Court quashes a ₹10 crore tax demand, stating that an assessment order cannot be solely issued against one of the multiple legal heirs of a deceased taxpayer.

Regular bail granted as petitioner materially co-operated in the investigation

June 30, 2023 1959 Views 0 comment Print

Delhi High Court granted regular bail on the reasonable grounds based on which it can be believed that the petitioner is not guilty of offence under section 3 of PMLA and also that petitioner has materially co-operated in the investigation.

AO cannot reject TRC without providing relevant information to petitioner

June 30, 2023 948 Views 0 comment Print

Delhi High Court scrutinizes the validity of Tax Residency Certificate (TRC) held by Vodafone Mauritius in their tax litigation case against ACIT Circle International Tax.

Delhi HC: Proviso to PMLA Section 45(1) an Exception for Women; Twin Conditions Inapplicable

June 28, 2023 2580 Views 0 comment Print

In a recent case, Delhi High Court ruled that proviso to Section 45(1) of Prevention of Money Laundering Act (PMLA) is an exception for women, exempting them from satisfying the twin conditions of Section 45. The court held that sub-classifying women under different categories and applying twin conditions would violate Article 14 of Constitution. The applicant, accused in a complaint case related to the Unitech Group, was granted bail after undergoing extensive investigations and custody for over 20 months.

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