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Delhi High Court

Annual Report & Share Certificate cannot be treated as Incriminating Documents if no link with addition

October 4, 2022 765 Views 0 comment Print

Court is of the view that the recovery of the annual report and the share certificate of the Petitioner from premises of Minda Group cannot be considered to be incriminating documents.

Issue of section 148 Notice to unrelated e-mail address is not due dispatch

October 2, 2022 14394 Views 0 comment Print

Delhi High Court held that issuance of notice u/s 148 of the Income Tax Act to an unrelated e-mail address doesn’t constitute as due dispatch

No GST on Renting of Residential Accomodation For Personal Use

September 29, 2022 4335 Views 0 comment Print

Seema Gupta Vs Union Of India & Ors. (Delhi High Court) HC held that renting of a residential dwelling by a proprietor of a registered proprietorship firm, who rents it in his/her own personal capacity for use as his/her own residence as well as not for use in the course or furtherance of business of […]

GST registration cannot be cancelled based on Legally Flawed Proceedings

September 27, 2022 8514 Views 0 comment Print

Pratibha-Mosinzhstroi Consortium Vs Commissioner of CGST (Delhi High Court) High Court held that Impugned order cannot cancelling GST Registration of Appellant be sustained for the following reasons which proves that entire Proceedings was Legally Flawed (i) Firstly, the SCN dated 08.07.2021 gave no clue whatsoever, as to what was the infraction committed by the petitioner-consortium, […]

Mere Emails & Form 16A not Sufficient to prove Employer-Employee Relationship

September 27, 2022 17304 Views 1 comment Print

Mere submission of emails & form 16A, do not, in any way, prove that there existed any relationship of employer employee between parties

Income from supply of CAS & middleware products not falls under ‘royalty’

September 27, 2022 891 Views 0 comment Print

Income from supply of CAS and middleware products to indian customers, does not fall under ‘royalty’ as defined under Section 9(l)(vi) of Income Tax Act, 1961 and Article 12(3) of India- Swiss DTAA.

Inclusion or exclusion of comparables per se cannot be treated as a question of law

September 25, 2022 1980 Views 0 comment Print

PCIT Vs Macquarie Global Services Pvt. Ltd. (Delhi High Court) HC held held that inclusion or exclusion of comparables per se cannot be treated as a question  of law unless it is demonstrated to the Court that the Tribunal took into account irrelevant consideration or excluded irrelevant factors in the ALP that impact significantly. In […]

In case of mixed funds investment must be considered to be out of interest free fund

September 25, 2022 672 Views 0 comment Print

Where assessee has mixed funds (made up partly of interest free funds and partly of interest bearing funds) and payment is made out of mixed fund, the investment must be considered to have been made out of interest free fund.

GST Registration: Not issuing notice for physical verification amounts to violation of principle of natural justice

September 23, 2022 3459 Views 0 comment Print

High Court held that non supply of notice for physical inspection during the search proceeding, before issuing an order, will be termed as violation of principle of natural justice.

Ad-interim injunction provided against the use of name TATA

September 22, 2022 654 Views 0 comment Print

Held that ad-interim injunction provided from the use of TATA in website tatabonus.com; crypto products by the name of $TATA or any other product being sold on the website www.hakunamatata.finance.

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