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Delhi High Court

Differing quantum of Section 14A disallowances cannot be held to be ‘misreporting’

June 22, 2022 1389 Views 0 comment Print

Prem Brothers Infrastructure LLP Vs National Faceless Assessment Centre (Delhi High Court) This Court is of the opinion that the only addition in the assessment order framed is in respect of disallowance under section 14A of the Act. The Petitioner has made a disallowance of Rs.3,20,14,010/- which was recomputed by the Assessing Officer at Rs.6,82,45,759/-. […]

Assessee has right to get adequate time to submit reply to Section 148A(b) notice

June 22, 2022 4332 Views 0 comment Print

Meenu Chaufla Vs ITO (Delhi High Court) Court is of the view that the petitioner/assessee has the right to get adequate time in accordance with the Act to submit its reply. It is pertinent to mention that Section 148A(b) permits the Assessing Officer to suo moto provide up to thirty days’ period to an assessee […]

Section 148A(d) Order- ITAT remanded matter back to AO for fresh decision

June 22, 2022 2895 Views 0 comment Print

Appellant claimed that order passed under section 148A(d) of the Act and notice dated 31st March, 2022 issued under section 148 of the Act have been passed/issued in gross violation of the principles of natural justice.

Agreement in writing is mandatory to allege waiver of right u/s 12(5) of A&C Act

June 22, 2022 2517 Views 0 comment Print

Conduct cannot impliedly waive the rights under Section 12(5) of the A&C Act. The waiver under Section 12(5) of the A&C Act has to be by an express agreement in writing.

Section 148A(b) Notice- Adequate opportunity should be provided to Appellant

June 22, 2022 1638 Views 0 comment Print

Rajesh Kumar Malhotra Vs ACIT (Delhi High Court) This Court is of the view that the Petitioner has not been provided an adequate opportunity to put forward its defense/reply as the annexure accompanying the notice enumerating the reasons for initiating reassessment pertained to the Assessment Year 2015-16 and not 2018-19. It is pertinent to mention […]

Change of Opinion cannot be alleged If AO finds Fresh Tangible Materials

June 22, 2022 1134 Views 0 comment Print

HC held that despite lapse of four years and a scrutiny assessment, there is fresh tangible material in the present case in the form of information of beneficiaries of bogus LTCL/STCL report prepared by the office of Deputy Director of Income Tax (Investigation) which reveals that Mahanivesh (India) Ltd. is a penny stock whose share price was manipulated in trade by way of a complex web of pre-arranged or artificial transactions to book long term/short term capital gain/loss to the beneficiaries.

Unsecured loan from accommodation entry provider – HC remanded matter back to AO

June 22, 2022 2547 Views 0 comment Print

S. R. Ashok Associates Private Limited Vs ACIT (Delhi High Court) Present writ petition has been filed challenging the notice issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act’) as well as the order passed under Section 148A(d) of the Act dated 31st March, 2022 for the Assessment Year 2018-19. Learned […]

Section 148A(c) casts a duty on AO to consider reply of assessee

June 22, 2022 4815 Views 0 comment Print

Aten Capital Private Limited Vs ACIT (Delhi High Court) Since the impugned order under Section 148A(d) has been passed on 5th April, 2022 i.e. after receipt of the detailed reply of the petitioner dated 4th April, 2022, the Assessing Officer should have considered the same as it was available on record. By not considering the […]

HC directs blocking of website www.Hindustantimes.Tech

June 21, 2022 624 Views 0 comment Print

HT Media Limited & Anr. Vs www.Hindustantimes.Tech & Anr. (Delhi High Court) HC directs blocking of website www.Hindustantimes.Tech is restrained from using the domain name hindustantimes.tech or any other mark, name or domain name, which consists of the word ‘Hindustan Times’ or is deceptively similar to the mark of the HT Media Limited. www.Hindustantimes.Tech is also […]

No Return of Court Fees When Parties Referred to Arbitration under Section 8 of A&C Act

June 21, 2022 3372 Views 0 comment Print

A-One Realtors Pvt. Ltd Vs Energy Efficiency Services Ltd (Delhi High Court) It is settled law that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action. On the same analogy, […]

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