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Delhi High Court

Custodian liable to pay duty on goods pilfered while in custody: Delhi HC

September 25, 2024 255 Views 0 comment Print

Delhi High Court held that section 45(3) of the Customs Act provides that the custodian of the imported goods having been in custody is liable to pay duty in case they are pilfered while in custody. Accordingly, customs duty and penalty rightly levied.

No reassessment u/s 148 without new materials forming opinion hat income had escaped assessment

September 25, 2024 579 Views 0 comment Print

The action for reassessment which was commenced pursuant to the Section 148A(b) notice dated 27 May 2022 could not be countenanced and was liable to be quashed as there were no reasons underlying the formation of opinion that income had escaped assessment.

Bail in excise policy case granted as there is no likelihood to tamper with witness: Delhi HC

September 25, 2024 225 Views 0 comment Print

Delhi High Court granted bail in excise policy case as ED case is documentary in nature and all the documents are collected and there is no likelihood of his tampering with the witnesses or influencing the witnesses.

Rent from factory building taxable under the head income from house property: Delhi HC

September 25, 2024 1011 Views 0 comment Print

Delhi High Court held that rental income earned from factory building it taxable under the head Income from house property and is eligible for deduction under provisions of section 24 of the Income Tax Act.

Delhi HC allows Difference in Purchase & Sale Price of Stock Appreciation Rights as Revenue Loss

September 24, 2024 351 Views 0 comment Print

Delhi High Court held that difference between purchase price of Stock Appreciation Right and the sale price at the time of exercise by the employees, holding the same to be revenue loss allowable as business deduction as expenditure incurred as per SEBI guidelines.

Aircraft Leasing Revenue Not Taxable Under India-Ireland DTAA: Delhi HC

September 24, 2024 357 Views 0 comment Print

Delhi High Court held that as per Article 12 of India-Ireland DTAA revenue receipt from aircraft leasing is outside the purview of taxation. Thus, it is impermissible to invoke section 9(1)(vi) in light of express exemption under DTAA.

Delhi HC Orders CGST Commissioner to Provide GST Documents

September 24, 2024 276 Views 0 comment Print

Delhi HC directs GST department to provide requested documents to petitioner for appeal purposes in case Nishant Tandon Vs Commissioner. Legal matter involves GST registration.

No Retrospective Application of 2022 Amendment to Section 14A

September 24, 2024 408 Views 0 comment Print

Assessee claimed that in section 14A, the disallowance of expenditure even if computed in accordance with Rule 8D could not exceed the exempt income earned in that year.

Customs recovery proceedings against dead person unsustainable: Delhi HC

September 24, 2024 294 Views 0 comment Print

Delhi High Court held that initiation of customs recovery proceedings against a dead person is unsustainable and liable to be quashed. Accordingly, recovery proceedings quashed.

Reinitiating reassessment on same set of reasons on which assessment already concluded is unsustainable

September 24, 2024 228 Views 0 comment Print

Delhi High Court held that reinitiating of reassessment action u/s. 148 of the Income Tax Act on the same set of reasons on which assessment proceedings had already been concluded is unjustified and hence liable to be set aside.

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