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Delhi High Court

Reopening Unjustified: No Link Between Available Material & Belief of Escaped Income

July 29, 2023 1152 Views 0 comment Print

Delhi High Court held that the reasons disclosed for re-opening do not allude to the material that was available to the AO which persuaded him to form a belief that income had escaped assessment. Hence, prerequisite before entering the realm of reassessment/assessment proceedings not met. Accordingly, addition not sustainable.

Indo-Thai DTAA Article 23 – Tax Credit Applies Only When Tax Paid

July 29, 2023 1350 Views 0 comment Print

Delhi High Court held that tax credit could not be extended to the assessee, because it had not paid tax in Thailand, i.e., that benefit under Article 23 of the Indo-Thai DTAA could only be extended in a situation where the tax had actually been paid.

Bail Denied Due to sufficient Evidence availability in Money Laundering Case

July 29, 2023 1785 Views 0 comment Print

Held that there is sufficient incriminating evidence about the involvement of the accused/applicant in the offence of money laundering and accordingly the bail application is dismissed.

Telephonic Conversation of GST Officer with Assessee cannot be treated as personal hearing

July 29, 2023 1443 Views 0 comment Print

Delhi High Court held that construing telephonic conversation of Officer with the proprietor as personal hearing is not acceptable. Hence, order passed thereon is in violation of principles of natural justice and also violation of statutory principles of the Central Goods and Services Tax Act (CGST Act).

Time for which interim orders were operable should be excluded from timeframe provided in Rule 18 of ADD Rules

July 27, 2023 1374 Views 0 comment Print

Delhi High Court held that notification dated 05.04.2021 cannot be said as void in law as time for which the interim orders were operable has to be excluded from the timeframe provided in Rule 18 of of the Customs Tariff (Identification, Assessment and Collection of AntiDumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (AAD Rules).

Delhi HC Orders Shutdown of Mukherjee Nagar Coaching Centres: MPD, 2021 Non-Compliance

July 27, 2023 4827 Views 0 comment Print

Delhi High Court’s recent ruling addresses coaching centers in Mukherjee Nagar violating Master Plan for Delhi, 2021. Explore the judgment’s key points and implications for residents and institutes.

Interest under Section 35FF Commences from Appellate Authority’s Order Date: Delhi HC

July 27, 2023 1017 Views 0 comment Print

In present facts of the case, the Hon’ble Delhi High Court observed that Section 35FF of the Excise Act indicates that interest would commence from the date of the order of the Appellate Authority as distinct from the making of an application which is prescribed to be the starting point insofar as Section 11BB of the Act is concerned.

Delhi HC: Personal Hearing for GST Show Cause Notices Regardless of Opting

July 26, 2023 4740 Views 1 comment Print

Delhi High Court holds that personal hearing must be granted even if the petitioner did not opt for it in GST show cause notices. The court quashes the impugned order and show cause notice, allowing the petition.

Invalid Reopening of Assessment: No Failure to Disclose Material Facts Alleged

July 26, 2023 1149 Views 0 comment Print

The Delhi High Court has held that reopening of assessment under Section 147 of the Income Tax Act is not valid in the absence of an allegation of failure to disclose material facts.

Delhi HC Dismisses Petition; IMFL Excise License Rejection to be Appealed

July 25, 2023 1308 Views 0 comment Print

Delhi High Court dismissed the petition as not maintainable in matter rejection of licence for Indian-Made Foreign Liquor (IMFL) as statutory provision which permits the Petitioner to approach the Appellate Authority in terms of section 72 of the Excise Act, 2009.

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