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Delhi High Court

Withholding of Income Tax refund for issue of section 143(2) is unjustified

April 7, 2023 4887 Views 0 comment Print

Delhi High Court held that withholding of refund merely because notice has been issued under section 143(2) of the Income Tax Act is unjustifiable and bad in law.

Brushing aside SC judgement by observing that review petition is preferred by revenue is untenable

April 6, 2023 2583 Views 0 comment Print

Delhi High Court directed the concerned officer to revisit the application preferred under section 197 of the Income Tax Act as the concerned officer simply by-passed the Supreme Court judgement in Engineering Analysis by observing that revenue has preferred a review petition. Such approach of officer is untenable.

Fees earned from regulating market dealing with fish, poultry & eggs deductible u/s. 10(26AAB)

April 1, 2023 1863 Views 0 comment Print

Delhi High Court held that the fee earned by the respondent/ assesse (M/s. Fish Poultry and Egg Marketing Committee) from regulating agricultural produce (which includes fish, poultry, and eggs) falls within the scope of Section 10(26AAB) of the Income Tax Act, 1961.

HC directs CIT to consider Stay Application of OYO Hotels

March 29, 2023 1191 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 4659 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 16695 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 3282 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 894 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 2481 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 1161 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.

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