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Delhi High Court

No Penalty for e-way bill expiry without giving opportunity of being heard

September 8, 2022 3498 Views 0 comment Print

Whether assessee can be penalized due to expired E way bill with transportation for genuine reason with no intention of tax evasion

HC set-aside Reassessment Order Passed without Considering Reply of Assessee

September 6, 2022 3858 Views 1 comment Print

Rithala Education Society Vs Union of India (Delhi High Court) In the present case, the significance of issuance of a show cause notice at a stage prior to issuance of a re-assessment notice under Section 148 of the Act has been lost on the respondents inasmuch as the impugned order under Section 148A(d) of the […]

Section 143(1) order is not an Assessment for Section 147

September 5, 2022 4056 Views 0 comment Print

Ernst And Young U.S. LLP Vs ACIT (Delhi High Court) Supreme Court and this Court have repeatedly held that when the original proceeding has been completed under Section 143(1), there is no need for fresh tangible material for reopening the assessment and the doctrine of change of opinion does not arise since under Section 143(1) […]

ESOP price difference between offer & market price allowable as revenue expense

September 5, 2022 2259 Views 0 comment Print

PVR Ltd Vs CIT (Delhi High Court) HC held that ITAT erred in law in holding that the difference between the price at which stock options were offered to employees of the appellant company under ESOP and ESPS and the prevailing market price of the stock on the date of grant of such options was […]

Corruption Charges against CA based on retracted confessional statement untenable

August 30, 2022 3564 Views 0 comment Print

Held that record doesn’t disclose any independent material, accordingly charges under the Prevention of Corruption Act cannot be confirmed merely on the basis of the retracted confessional statement.

Summons have to be issued as a last resort

August 26, 2022 1596 Views 0 comment Print

Eversub India Private limited Vs Union of India & Ors. (Delhi High Court) Summons under  circulars dated 23.12.2019, 26.02.2007 and 20.01.2015, and the guidelines incorporated in the circular dated 05.11.2019 have to be issued as a last resort; the contention being that if information can be obtained from officers working for an entity, then the top […]

Delhi HC admit petition against Section 148A(d) order & grants interim relief

August 26, 2022 2670 Views 1 comment Print

Logix Infratech Private Limited Vs DCIT (Delhi High Court) Present writ petition has been filed challenging the order dated 28th July, 2022 passed under Section 148A(d) along with notice dated 28th July, 2022 issued under Section 148 of the Income Tax Act, 1961 (‘the Act’) for the assessment year 2013-14 and the proceedings initiated pursuant […]

Agreement having unsigned Arbitration Clause can be referred to Arbitration: HC

August 25, 2022 1308 Views 0 comment Print

In the present case, the Agreement has indeed been signed by the respondent, who himself resists the appointment of an arbitrator thereunder.

Provisionally attachment under GST cannot extend after One Year: Delhi HC

August 24, 2022 2208 Views 0 comment Print

HC set aside order to attach the bank account of assessee for more than one year and held that as per section 83 of CGST Act the prescribed time limit for provisional attachment is one year

Refund of unutilized cenvat credit available on output tax payable by service receiver under RCM

August 24, 2022 1602 Views 0 comment Print

Held that refund under rule 5 of the Cenvat Credit Rules is available on legal services offered by the assessee to the recipient of service located outside the taxable territory.

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