Delhi High Court

Unutilized Subsidy shown as Current Liabilities is Not An Income As Per Matching Concept

CIT Vs Canon India Private Limited (Delhi High Court)

Where an Assessee follows the Accrual/Mercantile system of Accounting – as in this case – income can be recognised only when the matching expenditure is also accounted for irrespective of the cash outflows/inflows during the year. It would thus, not be correct to recognize the subsidies received for incurring specific expenditure as i...

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Allow ITR filing without Aadhaar linkage atleast till 31.03.2019: Delhi HC

Shreyasen, & ANR Vs Union of India & ORS (Delhi High Court)

Delhi HC held that that at least for the period till 31.03.2019, the CBDT shall issue an appropriate direction, and also create a platform by amending the digital form of substituting them properly to enable opt out from the mandatory requirement of having to furnish Aadhar Registration or Aadhar linkage, for the duration, the exemption s...

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Director cannot be disqualified for failure of company to effect statutory compliances

Vikas Goel & ANR Vs Union of India & ANR (Delhi High Court)

Petitioners had ceased to be the Directors of the Company, as stated by them, on 8thApril, 2011 and that they could not have been penalized for the failure of the company to effect statutory compliances....

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Notice U/s. 148 served at factory premises of Assessee on security guard is valid

CIT Vs M/s Sudev industries limited (Delhi High Court)

CIT Vs M/s Sudev industries limited (Delhi High Court) Whether the Income Tax Appellate Tribunal is justified in law in holding that service of notice at the factory premises of the Assessee on the security guard was not proper service under the provisions of Section 282(2) of the Income Tax Act, 1961? Section 282 of […]...

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Deposit paid during first appeal can be adjusted while filing second appeal

M/s Santani Sales Organisation Vs Central excise, customs and service tax appellate triubnal (Delhi High Court)

Question raised in the present writ petition is whether as per Section 35F of the Central Excise Act, 1944 (C.E. Act, for short) the petitioner-assessee on filing of second appeal before the Central Excise, Customs and Service Tax Appellate Tribunal (Tribunal, for short) is required to make an additional pre-deposit of 10% of the duty and...

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A person cannot be disqualified for non submission of his resignation by company in question

Karn Gupta Vs Union of India (Delhi High Court)

It is submitted that in the above facts and circumstances of the case that the petitioner has resigned from the directorship of the company in question, the petitioner would not incur a disqualification under Section 164 of the Companies Act. Consequently, the disqualification of the petitioner as notified in the lists dated 6thSeptember,...

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Swarovski India Pvt. Ltd Appeal: The three golden rulings

Swarovski India Pvt. Ltd. Vs DCIT (Delhi High Court)

1. While allowing deduction under section 10B, the deduction is to be allowed to eligible undertaking, even the income being in negative. 2. Cutting and polishing of precious and semi precious stones constitutes manufacturing as contemplated in section 10B, 3. No fresh fact or fresh material which formed the reasons to believe for reop...

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HC on levy of IGST on Import under advance license

Jindal Dyechem Industries (P) Ltd. Vs Union of India ((Delhi High Court)

Jindal Dyechem Industries (P) Ltd. Vs Union of India ((Delhi High Court) It is apparent from these facts that the imports which are the  subject matter of the present writ petition were in fact made after the  introduction of GST Regime. The petitioner is the beneficiary of an advance license issued on 17.07.2017. At that point [&helli...

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Income U/s. 271AAA justified if Asssessee fails to specify as to how she derived undisclosed income

Pr. CIT Vs Ritu Singal (Delhi High Court)

Assessee clearly failed to specify as to how she derived undisclosed income and under what head it fell in (rent, capital gains, professional or business income out of money lending source of the income, etc. Unless such facts were mentioned with some specificity, it could not be said that conditions in section 271AAA(2) were satisfied b...

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Writ in Delhi High Court on Several Issues related to GST

Sales Tax Bar Association (Regd), &Anr. Vs Union of India & ORS. (Delhi High Court)

Third issue highlighted by the petitioner is that Central and State Acts permit rectification of mistakes. However, GSTN portal does not permit rectification of a return already filed. Rectification is to be made in the subsequent return. Nevertheless authorities are issuing notices to the assessees whenever rectification is made, treatin...

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