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Delhi High Court

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

September 18, 2022 3738 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 1527 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 4851 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.

Arbitration clause is unenforceable till the payment of stamp duty on work order

September 15, 2022 3480 Views 0 comment Print

Held that there is no dispute that the work order was issued by the respondent but stamp duty on the same is not paid. Accordingly, arbitration clause would be non-existent in law and unenforceable till stamp duty is adjudicated and paid.

CIT cannot exclude genuine disputes under VSV Act on Hyper-Technical grounds

September 14, 2022 1107 Views 0 comment Print

HC held that attempt by CIT to exclude a genuine disputant of tax liability, like petitioner, from possibility of settlement under VSV Act is extremely hyper-technical.

Reassessment Proceedings against Reassessment order Stayed by Delhi HC

September 13, 2022 4476 Views 0 comment Print

United Associates Vs ITO (Delhi High Court) A Writ Petition was filed in Hon’ble Delhi high Court to set aside the notice dated 28.06.2022 issued by the Income Tax Department under section 148 of the Income Tax Act, 1961 and order u/s 148A(d) issued by the Respondent No.1 under section 148 of the Income Tax […]

Penny stock/accommodation entry – Reassessment notice must contain relevant documents 

September 13, 2022 1953 Views 0 comment Print

Assessee found to be a beneficiary of accommodation entries and been instrumental in manipulating prices of several penny stock scrips on stock exchange.

Rule 12 of CA rules not debar Director of Discipline from entertaining 7 year old complaint

September 10, 2022 3906 Views 0 comment Print

Held that rule 12 Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 does not expressly debar the Director Discipline from entertaining a complaint merely because it may relate to acts of misconduct committed seven years prior to the same being lodged.

Remedy for Claiming Condonation of delay in ITR Filing Lies with CBDT

September 10, 2022 3381 Views 0 comment Print

Sudipta Basu Vs ITO (Delhi High Court) Delhi High Court is of the view that Section 119(2)(b) of the Act read with CBDT Circular No. 9/2015 provides a remedy to the Assessees to seek condonation of delay, in cases where Assessee could not file their income tax returns within time due to genuine hardship. Consequently, […]

HC dismisses plea of PWC CEO for Criminal Defamation

September 9, 2022 1698 Views 0 comment Print

Held that as there was no material on the basis of which Sessions Court could have summoned any of the accused. The summoning order was rightly set aside.

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