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Delhi High Court

CPC procedural formalities cannot be abused as instrument of oppression

August 3, 2022 4203 Views 0 comment Print

Held that the procedural formalities in the CPC are intended to facilitate litigation by stating the procedure to be followed and not to be abused as an instrument of oppression to frustrate validly instituted proceedings.

Definition of public authority under RTI Act has no relevance to Section 340 of Cr.P.C.

August 3, 2022 942 Views 0 comment Print

Rakesh Kumar Sharma Vs Mother Dairy Fruit & Vegetables Pvt Ltd. (Delhi High Court) The present case, admittedly, does not deal with the RTI Act. The definition of public authority as contained in Section 2(h) of the RTI Act has no application or relevance, whatsoever, in the present case, which is in the nature of […]

No Section 40(a)(ia) Disallowance for TDS shortfall due to difference of opinion

August 3, 2022 1662 Views 0 comment Print

PCIT Vs Future First Info. Services Pvt. Ltd (Delhi High Court) No Disallowance under Section 40(a)(ia) for TDS shortfall due to any difference of opinion  Section 40(a)(ia) of the Act refers only to the duty to deduct tax and pay to government account. If there is any shortfall due to any difference of opinion as […]

Assessee’s bank account cannot be blocked without complying provisions embedded u/s 83 of CGST Act

August 2, 2022 5847 Views 0 comment Print

HC quashed the letter issued by the Revenue department for blocking assessee’s bank account as it does not comply with the perquisites embedded under Section 83 of CGST Act 2017

Arbitral award can be challenged u/s 34 only if view adopted is not a possible view

August 1, 2022 753 Views 0 comment Print

Held that an arbitral award can be set aside/ challenged u/s 34 of A&C Act only if an arbitral tribunal’s view is not a possible view and no reasonable person could possibly accept the same.

Appeal not listed for two & half years- ITAT directs NFAC for expeditious hearing

August 1, 2022 1323 Views 0 comment Print

Priti Nanda Vs CIT Appeals (Delhi High Court) 1. By way of the present petition, the Petitioner seeks a direction to the Respondents to list, hear and decide the first appeal filed by the Petitioner against the Assessment Order and freezing proceeding issued against her by the concerned Assessing Officer within a period of one […]

Reassessment Proceedings against dissolved Company – HC directs Petitioner to raise objections before AO

July 31, 2022 723 Views 0 comment Print

Omansh Properties Private Limited Vs Central Board of Direct Taxes (Delhi High Court) 1. Present application has been filed on behalf of the Petitioner seeking clarification of the order dated 19th January, 2022 passed by this Court to the effect that the impugned notice dated 20th April, 2021 issued under Section 148 of the Income […]

Bhushan Steel Stock Audit Negligence case : Another CA gets Bail

July 31, 2022 2568 Views 0 comment Print

Pankaj Mahajan Vs Serious Fraud Investigation Office (Delhi High Court) The role of the petitioner a practicing Chartered Accountant is that of the Stock Auditor wherein the Stock verifications of the documents and statements as submitted by the Company to the Banks was carried out by the accused. The main accusations against him are that […]

Power under Section 148 not excluded due to exercise of appellate jurisdiction

July 31, 2022 1587 Views 0 comment Print

Sunil Jain Vs Income Tax Department (Delhi High Court) HC Court is also of the opinion that just because the Appellate Authority has the power to modify an assessment order with regard to a source of income that has not been considered during assessment proceedings does not mean that the jurisdiction of the authorities under […]

Arbitral award set aside as awarded without any basis

July 30, 2022 933 Views 0 comment Print

Held that an arbitral award awarded without any basis and also without adjudication of the claims is unsustainable in law.

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