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Delhi High Court

Huawei Tax Evasion Case: Delhi HC Allows CEO to Travel Abroad

September 22, 2022 2328 Views 0 comment Print

Deputy Director of Income Tax (INV) Vs Xiongwei Li (Delhi High Court) The proforma for issuance of the Look Out Circular indicates the nationality of the respondent to be that of China. As per the communication dated 19.2.2022 apart from the aspect of M/s Huawei Telecommunications (India) Company Private Limited (HTICPL) and M/s Huawei Technologies […]

RBI has power to regulate Payment Aggregators vis a vis Payment and Settlement Systems Act, 2007: HC

September 21, 2022 1488 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that Payment Aggregators would fall under Payment and Settlement Systems Act, 2007 as Payment Aggregator ensures that the money is transferred to the designated nodal account, and after a gap of a stipulated timeframe, which the petitioners say is three days, a settlement takes place and funds are transmitted to the merchant’s account.

NOC of registrar mandatory to obtain copyright registration of an artistic work

September 20, 2022 4578 Views 0 comment Print

As per the scheme of the Copyright Act, 1957 in order for any person to obtain copyright registration of an artistic work, which is being used or is capable of being used in respect of goods and services, the NOC is mandatorily to be obtained under the proviso of Section 45(1) of the Copyright Act, 1957.

Documents related to issuance of notification under UAPA are exempted under RTI Act

September 20, 2022 471 Views 0 comment Print

Ehtesham Qutubuddin Siddique Vs CPIO, Ministry Of Home Affairs (Delhi High Court) Petitioner sought information by way of RTI application requiring disclosure of the proposal and all documents in the Department’s file regarding issuance of the notification under Section 45(1) of the Unlawful Activity (Prevention) Act 1967 (UPPA, 1967).  CIC while upholding the view taken […]

HC directs blocking of website https://india-mart.co for fraudulent activities

September 20, 2022 1515 Views 0 comment Print

HC held that domain name https://india-mart.co/ shall be immediately blocked. MeitY/DoT to issue blocking orders within 24 hours from receipt of present order.

ITAT allows additional ground regarding treatment of subsidy – HC confirms

September 19, 2022 912 Views 0 comment Print

PCIT Vs Crystal Crop Protection Pvt. Ltd. (Delhi High Court) The department has reiterated its objection to the ITAT admitting additional ground raised by the assessee regarding the treatment of subsidy. However, in the impugned order, the ITAT has given detailed reasoning for permitting the additional ground after relying upon the judgments of the Supreme […]

Section 206AA cannot have overriding effect on DTAA

September 19, 2022 2505 Views 0 comment Print

CIT International Taxation Vs Air India Ltd. (Delhi High Court) Whether ITAT has erred in holding that the rate of deduction of tax in the case of a non-resident who does not have a PAN and whose case does not lie in the exceptions laid down in Sub-Section 7 of Section 206AA of the Act […]

Delhi HC allows reopening of AY 2013-14 till 30th June, 2021

September 18, 2022 3690 Views 0 comment Print

Touchstone Holdings Pvt. Ltd. Vs ITO (Delhi High Court) Delhi High Court allows reopening of AY 2013-14 (despite being beyond 6 years from 1st April 2021), basing on extension as per Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA). The time limit for issuing notice under unamended Section 149 which […]

SVLDRS Scheme describes total amount of duty as outstanding duty alone

September 18, 2022 1461 Views 0 comment Print

Total amount of duty in clause (d) of section 123 of the 2019 Act, for SVLDRS, could only mean the total amount of outstanding duty payable by a declarant making voluntary disclosure, as it could never have been intended by the legislature that the revenue would collect and/or recover tax liability which had already been discharged by the declarant.

Duty Drawback can be availed on goods transferred to EOU on conversion by DTA unit

September 15, 2022 4755 Views 0 comment Print

Assessee as an EOU was entitled to claim deemed export drawback on raw materials/inputs which remained unutilized with the then-existing DTA unit at the time of its conversion into a 100% EOU.

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