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Delhi High Court

Notice to be served to assessee before carrying out physical inspection of business premises

January 6, 2023 1965 Views 0 comment Print

HC held that notice is needed to be served to assessee under Rule 25 of Central Goods and Services Tax Rules, 2017 (CGST Rules) before physical inspection is carried out.

HC directs investigating officer to issue advance notice of 72 hours to effect arrest after investigation

January 4, 2023 2475 Views 0 comment Print

HC directed the investigating officer to issue advance notice of 72 hours to the assessee to effect the arrest if necessary, after investigation in a case. Further directed the assessee to co-operate in the matter and produce the materials as sought.

Non-deduction of TDS on Sale of Share to Airtel by Vodafone- HC directs AO to determine whether it is a fit case for Reassessment

January 3, 2023 1191 Views 0 comment Print

Vodafone Mauritius Limited Vs ACIT (Delhi High Court) Ms Fereshte D. Sethna, who appears on behalf of the petitioner, says that the principal allegation against the petitioner is that the petitioner, which is a foreign company incorporated under the laws of Mauritius, had sold shares worth Rs.1295 crores, of an Indian company going by the […]

Benefit of concessional rate of customs duty for importing equipment for its solar power project – HC grants interim relief

January 3, 2023 1437 Views 0 comment Print

A perusal of the communication dated 21.11.2022 would show that the benefit of the concessional rate of customs duty available to the petitioner for importing equipment for the purpose of its solar power project, has been denied on account of a purported retrospective amendment to the Project Import Regulations, 1986

Order cancelling GST registration set aside as passed without application of mind

January 3, 2023 1584 Views 0 comment Print

Delhi High Court held that order cancelling GST registration passed without application of mind by simply doing cut and paste job is liable to be set aside.

A person not guilty for cheque bounced 9 months after his retirement from company

January 3, 2023 1236 Views 0 comment Print

Man Mohan Patnaik Vs Cisco Systems Capital India Pvt.Ltd & Ors. (Delhi High Court) Upon a bare perusal of section 138 of the NI Act, it is evident that the genesis of an offence under that provision is the ‘return’ of a cheque by a bank ‘unpaid’, inter-alia for insufficiency of funds in the account […]

Principles of audi alteram partem have to be followed by Patent Office while rejecting application: Delhi HC

January 2, 2023 1359 Views 0 comment Print

The Hon’ble Delhi High Court while relying on Hon’ble Supreme Court Judgments observed that has observed that the principles of audi alteram partem have to be followed by the Patent Office while rejecting a patent application.

Re-assessment proceedings against dissolved entity is unsustainable

January 2, 2023 2094 Views 0 comment Print

Delhi High Court of the petitioner is that the impugned proceedings for reassessment have been triggered against an entity, which is no longer in existence.

Scholarship cannot be denied merely for filing ITR instead of Income Certificate

January 2, 2023 5310 Views 0 comment Print

A mere discrepancy in filing the Income Tax Return instead of the Income Certificate, despite the two documents evidencing the same parameters of income requirements, cannot lead to a situation where an eligible meritorious candidate is deprived of the scholarship.

HC decision continue to apply despite appeal against the same unless reversed or stayed by SC

January 1, 2023 1260 Views 0 comment Print

CIT, International Taxation Vs Westin Hotel Management LLP (Delhi High Court) 1. Present Income Tax Appeals have been filed challenging the common order dated 29th April, 2022 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 2013/Del./2019 for Assessment Year (‘AY’) 2015-16 and ITA No. 2012/Del./2019 for AY 2015-16. 2. Learned Counsel for […]

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