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Delhi High Court

Chartered Accountant Institute can suo moto initiate disciplinary proceedings against its member

December 21, 2022 2532 Views 0 comment Print

Delhi High Court held that Section 21 of the Chartered Accountants Act, 1949 provides suo moto power to the institute to initiate disciplinary proceedings against its member without any written complaint/ allegation.

Restriction on utilization of ITC u/r 86A of CGST Rules cannot continue beyond one year

December 21, 2022 4878 Views 0 comment Print

Delhi High Court held that restrictions on utilization of input tax credit imposed under rule 86A of the Central Goods and Services Tax Rules cannot extend beyond the period of one year.

HC grants stay to Makemytrip on Penalty imposed by CCI

December 21, 2022 2556 Views 0 comment Print

Delhi High Court directed 10% of the penalty amount imposed by the Competition Commission of India, the recovery of the remaining 90% of the penalty amount would remain stayed.

HC grants IGST refund with interest where details were incorrectly reported in GSTR-1

December 20, 2022 1494 Views 0 comment Print

High Court Grants IGST refund with interest to petitioner in respect of various export invoices of FY 2019-20 for which details were incorrectly reported in GSTR-1.

Seized documents/ book/ things can be retained for maximum four and half years

December 19, 2022 3633 Views 0 comment Print

Delhi High Court held that combine reading of provisions of reading of sections 67(2) second proviso, 67(3), 74(2), 74(10) clarifies that seized documents or book of things can be retained for a maximum period of four and half years.

Bail granted in absence of grounds to believe that Applicant is guilty

December 19, 2022 3327 Views 0 comment Print

Delhi High Court held that there are reasonable grounds to believe that the Applicant is not guilty of the offence. Further, the Applicant is also not likely to commit any offence while on bail. Accordingly, bail granted.

Loss on account of Forward Contracts are not speculative loss

December 14, 2022 2697 Views 0 comment Print

Delhi High Court held that loss on account of the Forward Contracts cannot be considered as speculative loss and hence loss on Forward Contracts is allowable as a deduction from the income chargeable to tax even if the Forward Contracts have not closed.

PE commence with performance of business activities in connection with building site or assembly project

December 13, 2022 1542 Views 0 comment Print

CIT International Taxation Vs Bellsea Ltd. (Delhi High Court) HC held that duration of a permanent establishment would commence with the performance of business activities in connection with the building site or assembly project. A building site or an assembly project can only be construed at fixed place of business only when an enterprise commences its […]

Validity of Assessment order passed against dead person without brining on records his legal heirs

December 13, 2022 4554 Views 0 comment Print

Jurisdictional notice under Section 143(2) of the Act was issued against the dead person and the assessment order has also been passed against the dead person on his PAN without bringing on record all his legal representatives, therefore, the said assessment order and the subsequent notices are null and void and are liable to be set aside.

Dispute relating to passing on liability/ reimbursement thereof is arbitral in nature

December 13, 2022 2211 Views 0 comment Print

Delhi High Court held that the issue relating to passing on the liability or reimbursement thereof does not relate to the taxing power of the state or any action taken or an order made in exercise thereof. The contention that the dispute raised is non-arbitrable on the aforesaid ground is thus negative.

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