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Delhi High Court

Investment in shares of Agile by Blackstone – HC set-aside Section 148A(d) order

January 29, 2023 1572 Views 0 comment Print

According to HC, the central issue, to which the Assessing Officer (AO) should have applied his mind is, as to whether the investment in shares of Agile by the petitioner was a capital account transaction, given the fact that there is no allegation of round-tripping.

Anti-profiteering: HC stays recovery of interest & penalty from NY Cinemas LLP

January 26, 2023 1689 Views 0 comment Print

High Court granted stay of recovery of interest and penalty however directed to deposit profiteered amount in instalments and also granted stay of notice expanding scope of anti-profiteering investigation

Demand of tax and penalty for release of goods without mentioning the reasons is unsustainable

January 26, 2023 1503 Views 0 comment Print

HC set aside order raising a demand of tax and penalty for release of the goods. Held that, neither SCN nor order of demand stated reasons for imposing tax liability as well as penalty.

GST officers have no power to seize cash during search operations

January 25, 2023 6963 Views 0 comment Print

HC held that, seizure under Section 67 of CGST Act is limited to goods liable for confiscation or any documents, books or things which may be useful for or relevant to any proceedings and ‘cash’ does not fall within definition of ‘goods’

HC directs processing of GST refund withheld for wrong reflection of GST registration status

January 23, 2023 552 Views 0 comment Print

Delhi High Court case: Anuj Gupta seeks GST refund. Issue with GSTN registration. Court directs examination of GSTR 2A format. Refund processing timeline set.

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1587 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

India and UAE DTAA not contain any article concerning FTS

January 23, 2023 2847 Views 0 comment Print

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]

VAT on Hiring of Helicopters – Delhi HC to decide

January 23, 2023 1395 Views 0 comment Print

Pawan Hans Limited Vs Commissioner of Trade & Taxes (Delhi High Court) The appellant states that it is in the business of chartering helicopters and has entered into agreements with various State Government and public sector entities for hiring of its helicopters. According to the VAT authorities, the agreements entail transfer of the right to […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 840 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

HC allows Govt servant to appear for All India Bar Examination

January 23, 2023 10548 Views 1 comment Print

Delhi High Court grants provisional enrolment to Sandeep, a Delhi Jal Board Senior Assistant, for AIBE-XVII, citing Supreme Court directions. Details of the hearing.

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