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Delhi High Court

Initiation of Reassessment Proceedings by Non-Jurisdictional ITO is invalid

June 17, 2022 924 Views 0 comment Print

Indus Towers Ltd Vs Income Tax Officer (Delhi High Court) Having perused the letter dated 9th May, 2022 written by the Income Tax Officer, Ward 6(2), Jaipur, this Court is of the view that the said Income Tax Officer had no jurisdiction to issue notice dated 14th March, 2022 to propose initiation of reassessment proceedings, […]

Non-jurisdictional AO cannot issue Section 148 notice to Appellant

June 16, 2022 2733 Views 0 comment Print

Louis Dreyfus Company Asia Pte. Ltd Vs CIT (International Taxation) (Delhi High Court) Learned counsel for the petitioner submits that since the impugned notice dated 30th March, 2019 has been issued under Section 148 of the Act by respondent no.3 based in Mumbai, who is a non-jurisdictional Assessing Officer, he is not entitled to exercise […]

Power to Grant Stay should be exercised judiciously

June 16, 2022 774 Views 0 comment Print

In the present case, the impugned orders are non-reasoned orders inasmuch as dept have not considered the submissions of the Petitioner in the stay applications and thus, the discretion vested in department has not been exercised judiciously. Further, neither the Assessing Officer nor the PCIT have considered the three basic principles i.e. the prima facie case, balance of convenience and irreparable injury while deciding the stay application.

Reassessment proceeding based on change of opinion not sustainable

June 16, 2022 501 Views 0 comment Print

PCIT Vs Central Cottage Industries Corporation of India Ltd (Delhi High Court) This Court is of the view that the issue of rent of ‘A Barracks’ was within the knowledge of the Assessing officer when he had passed the original assessment order as well as the subsequent order under Section 154 of the Act. Consequently, this […]

Assessment order Passed without allowing Assessee to File Objection is Invalid

June 16, 2022 804 Views 0 comment Print

Jindal Exports And Imports Private Limited Vs DCIT (Delhi High Court) Impugned assessment orders are liable to be set aside as the Petitioner was not given adequate opportunity to file response to the said show cause notice-cum-draft assessment orders. Consequently, as there has been a violation of principle of natural justice, the impugned assessment orders […]

Invocation of article 226 illegal for examination of factual-matrix

June 14, 2022 1347 Views 0 comment Print

S K Srivastava Vs Central Board of Direct Taxes (Delhi High Court) The Income Tax Act, 1961 provides complete machinery for the assessment/ reassessment of tax, imposition of penalty and for obtaining relief with respect to an improper order. One ought to not abandon this machinery and invoke the jurisdiction of the High Court u/A […]

Initiation of prosecution u/s 135(1)(a) of Customs Act for goods valuing less than INR 1 Crore is bad-in-law

June 11, 2022 7386 Views 0 comment Print

Suresh Chand Gupta Vs State of Govt of NCT Delhi (Delhi High Court) Facts- The Director of Revenue Intelligence (DRI) filed a criminal complaint under Section 132 and 135 (1)(a) of the Customs Act, before the learned Trial Court. The complaint stated that intelligence reports have been received that M/s Elgin Electronics, of which petitioner […]

Limitation Period runs from the date amount duly reflects in ledger as Outstanding & Payable

June 9, 2022 7713 Views 0 comment Print

Once the amount is properly reflected in the ledger as outstanding and payable, the Statute of  limitation begins on the following date.

HC directs ACIT to grant credit of tax challans & to pass a rectification order

June 3, 2022 870 Views 0 comment Print

PTC India Financial Services Limited Vs ACIT (Delhi High Court) Present writ petitions have been filed seeking directions to the Respondents to grant credit of tax challans and to pass a rectification order for the assessment year 2016-17 and accordingly refund the excess amounts recovered from the petitioner along with interest. Learned Counsel for the […]

HC set-aside REAT direction restraining all construction activity in absence of RERA registration

June 3, 2022 3477 Views 0 comment Print

Praveen Chhabra Vs Real Estate Appellate Tribunal (Delhi High Court) Facts- The petitioner had challenged the order passed by the Real Estate Appellate Tribunal dated November 24, 2021. As per the order, the Delhi Real Estate Appellate Tribunal had stayed all the construction activities, including residential and commercial activities, in the national capital that were […]

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