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Delhi High Court

Section 54 exemption cannot be denied merely for purchase of property in Joint name

October 14, 2022 8853 Views 0 comment Print

Kamlesh Keswani Vs ACIT (Delhi High Court) HC held that petitioner is entitled to claim exemption under Section 54 of the Act on these admitted facts, as the conditions stipulated in Section 54 stand fulfilled. The New Property would be treated as the property purchased by the petitioner in his name and merely because he […]

TP – ALP: Every Assessment Year is A Separate Unit, governed by its own peculiar facts

October 14, 2022 3072 Views 0 comment Print

Court is of the view that every Assessment Year is a separate unit which is governed by its own peculiar facts and difference of opinion between the parties, as to the appropriateness of one or the other methods to calculate arm’s length price, cannot per se be a ground for interference

Modification of arbitral award not allowed due to limited scope of 34 of Arbitration Act

October 4, 2022 5775 Views 0 comment Print

Delhi High Court held that considering the limited scope of judicial review u/s. 34 of the Arbitration Act, court cannot modify the arbitral award by awarding interest to the appellant.

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

October 4, 2022 795 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 14490 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 4377 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 8532 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 17337 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 921 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 2022 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 […]

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