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Delhi High Court

Jurisdiction of Delhi HC where Jurisdictional AO is located outside NCT of Delhi is referred to larger bench

November 29, 2022 2520 Views 0 comment Print

Delhi High Court held that as the exercise of jurisdiction of Delhi High Court in case where the jurisdictional assessing officer is located outside NCT of Delhi in earlier judicial ruling is doubted. The matter is referred to larger bench of Delhi High Court.

Penalty order passed beyond time prescribed u/s 275(1)(c) is untenable

November 28, 2022 12075 Views 0 comment Print

Delhi High Court held that penalty order passed beyond the time period prescribed under section 275(1)(c) of the Act i.e. after the lapse of six months from the end of the month in which the penalty proceedings were initiated is liable to be set aside.

PF/ESI/EPF paid before filing return of income allowable

November 25, 2022 3339 Views 0 comment Print

PCIT Vs Pro Interactive Service (India) Pvt. Ltd (Delhi High Court) In view of the judgments of the Division Bench of Delhi High Court in Commissioner of Income-Tax versus Aimil Limited, (2010) 321 ITR 508 (Del) the issue is covered against the Revenue and, therefore, no substantial question of law arises for consideration in this […]

Derivative contracts entered to hedge exchange risk cannot be treated as trading 

November 25, 2022 1143 Views 0 comment Print

PCIT Vs Emmsons International Ltd. (Delhi High Court) Court is of the view that the same was not called for, as the said CBDT Circular No. 3/2010 dated 2nd March, 2010 has been issued in respect of loss on account of trading in foreign exchange derivatives. In the present case, however, the assessee had entered […]

Appeal effect order has to be passed within 3 months of passing appeal order

November 23, 2022 17988 Views 0 comment Print

KRBL Limited Vs DCIT (Delhi High Court) Court is of the view that the Respondents-Revenue have had sufficient time to file an appeal against the order of the ITAT. In any event, in accordance with the mandate of law, the appeal effect order has to be passed within three months of passing the appeal order. FULL […]

HC set aside Section 148A(d) order passed without considering reply of Assessee

November 22, 2022 4029 Views 0 comment Print

Rise Projects Private Limited Vs ACIT (Delhi High Court) Petitioner states that impugned order dated 15th July, 2022 passed under Section 148A(d) of the Act has been passed without considering the detailed reply filed by the petitioner. Learned senior standing counsel for the respondents-revenue, accepts notice. He, on instructions, states that as the petitioner’s contentions have […]

20% of disputed tax demand is not a pre-requisite for putting in abeyance recovery of demand pending first appeal in all cases

November 22, 2022 14817 Views 0 comment Print

Writ petition were filed challenging the order  dismissing the Petitioner’s application for stay of demand and directing the Petitioner to pay 20% of the total outstanding demand.

Pendency and not validity of appeal is required under Vivad Se Vishwas Scheme

November 21, 2022 2553 Views 0 comment Print

Delhi High Court held that Vivad Se Vishwas Scheme requires that the appeal should be pending and hence there is no need to introduce the quantification that the appeal should be valid or competent.

Donation to institutions not listed in Schedule (VII) of Companies Act not deductible as CSR expenditure

November 21, 2022 1560 Views 0 comment Print

Delhi High Court held that donations to institutions other than the one enlisted in Schedule (VII) of the Companies Act, 2013 is not deductible as Corporate Social Responsibility.

Reassessment due to change of opinion is impermissible

November 17, 2022 2664 Views 0 comment Print

Delhi High Court held that reassessment proceedings cannot be initiated by mere change of opinion of the Assessing Officer regarding the question of the fair market value or whether the amount paid by the assessee to his sisters was deductible from the total consideration.

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