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Delhi High Court

Invocation of MSMED provisions in respect of Income Tax special audit remuneration is untenable

July 12, 2023 849 Views 0 comment Print

Delhi High Court held that in respect of Special Audit remuneration under section 142(2D) of the Income Tax Act invocation of provisions of MSMED Act not tenable and completely misplaced. Accordingly, the Income Tax Act would thus prevail over the provisions of the MSMED Act.

Imposition of penalty u/s 112(a) on an abettor without any mens rea is unsustainable

July 11, 2023 2949 Views 0 comment Print

Delhi High Court held that imposition of penalty u/s 112(a) of the Customs Act, 1962 on an abettor without any mens rea is unsustainable and liable to be set aside.

FIR quashed by HC as criminal colour given to the civil dispute

July 11, 2023 16941 Views 0 comment Print

Delhi High Court under its inherent power under section 482 of Cr. P.C. quashes the FIR as no criminality appears to have been done on the part of the petitioners. Criminal colour has been given to the civil dispute.

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

July 10, 2023 1152 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 2196 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 624 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 3105 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 8292 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 1731 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 2244 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.

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