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Delhi High Court

HC directs CIT to consider Stay Application of OYO Hotels

March 29, 2023 1137 Views 0 comment Print

Oyo Hotels And Homes Private Limited Vs DCIT/ACIT (Delhi High Court) The grievance of the petitioner, which is also obvious, is that the Commissioner of Income Tax (CIT) has not dealt with its application, preferred before him, in respect of the order dated 01.02.2023 passed by the Assessing Officer (AO) under Section 220(6) of the […]

Services provided by Ernst & Young India to overseas EY Entities is export of service

March 28, 2023 4587 Views 0 comment Print

Ernst And Young Limited Vs Additional Commissioner CGST (Delhi High Court) In the present case, the petitioner has provided professional services in terms of the service agreements to overseas entities (EY Entities). It had issued the invoices for the said services directly to EY Entities and had received the invoiced consideration from EY Entities, in […]

HC restrained Institute of Cost Accountants from using ‘ICAI’ acronym

March 28, 2023 16662 Views 0 comment Print

Delhi High Court restrained Institute Of Cost Accountants Of India from using ICAI acronym, a trademark which stands registered in favour of Institute of Chartered Accountants of India

Allegation of fake credit availment by supplier cannot be ground to reject refund application

March 25, 2023 3255 Views 0 comment Print

Delhi High Court held that rejection of refund application on allegation of fake credit availed by the supplier is unsustainable in absence of any establishment of non-supply of goods from the said supplier.

Customs Authority not bounded by DGCA while deciding compliance of condition 104 of Notification No. 21/2002-Cus.

March 25, 2023 849 Views 0 comment Print

Delhi High Court held that whether condition 104 of Notification No. 21/2002-Cus. dated 01.03.2002 is complied or not is required to be considered by the Customs Authorities and Customs Authorities are not bounded by the decision of DGCA.

Letter for withdrawal of export shipments rejected as not co-related with reasons provided

March 18, 2023 2436 Views 0 comment Print

Delhi High Court held that reasons provided for withdrawal of export shipments vis-à-vis letter requesting permission for withdrawal of shipments doesn’t co-relate. Further, letter for withdrawal of impugned shipments not produced before adjudicating authority. letter for withdrawal of impugned shipments rejected.

Revisional order under section 263 not satisfying twin conditions not sustainable

March 18, 2023 1137 Views 0 comment Print

Delhi High Court held that for exercise jurisdiction under section 263 of the Income Tax Act, twin conditions i.e. order being erroneous and prejudicial to the interest of revenue needs to be satisfied. PCIT order not satisfying the same needs to be quashed.

Delhi HC allows GST Registration cancellation from actual date of ceasing of business operations

March 15, 2023 4128 Views 0 comment Print

The petitioner had made an application in the requisite form (Form GST REG-16) praying that his registration be cancelled with effect from 31.07.2021. The reason for seeking cancellation of the registration was disclosed as ‘Discontinuance of business/Closure of business’.

Delhi HC set aside Section 148A(d) order passed without considering reply of Assessee – directs de novo exercise

March 14, 2023 10407 Views 0 comment Print

Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified as Rs.24,10,705/- the amount in issue is only Rs.13,73,503/-. It is, thus, the petitioner’s case that Rs.10,37,202/- has been wrongly included. Mr Puneet Rai, learned senior standing counsel, who appears on behalf […]

Interest u/s 234E of Income Tax for TDS returns prior to 01.06.2015 is illegal

March 14, 2023 1902 Views 0 comment Print

Delhi High Court held that levy of interest under section 234E of the Income Tax Act is illegal for returns of TDS in respect of the period prior to 01.06.2015. Accordingly, directed to be deleted.

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