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Delhi High Court

AO restricting TDS claim unjustified as it is not as directed by Tribunal: Delhi HC

August 28, 2024 402 Views 0 comment Print

Delhi High Court held that as directed by Tribunal AO was required to verify and attend grievance of short credit of TDS. Thus, restricting TDS claim of petitioner to disclosures made in return unjustified.

Entertainment Tax Act Lacks Mechanism for Assessing & Collecting Tax on Sponsorships: Delhi HC

August 27, 2024 213 Views 0 comment Print

Delhi High Court held that the Entertainment Tax Act does not contain a mechanism for assessing and collecting tax on sponsorships. The imposition of a tax on sponsorship under the Entertainment Tax Act must fail in the absence of a specific charging provision.

PCCIT Approval Without Application of Mind Invalidates Section 148A(d) Order: Delhi HC

August 26, 2024 780 Views 0 comment Print

Delhi High Court held that failure of PCCIT to satisfactorily record its concurrence and granting of approval for reopening of assessment without application of mind invalidates the order issued u/s. 148A(d) of the Income Tax Act.

Non-Receipt of SCN due to Director’s Death & Cessation of Business: HC directs re-adjudication

August 24, 2024 1911 Views 0 comment Print

Delhi HC overturned ₹2.33 crore GST demand due to non-receipt of SCN and inaccessible GST portal after director’s death and business closure.

Notice initiating fresh assessment set aside as issued beyond prescribed time limit: Delhi HC

August 23, 2024 678 Views 0 comment Print

Delhi High Court held that department need to comply with the order of the Tribunal in passing a fresh assessment order within the time limit prescribed under section 153(3) of the Income Tax Act. Thus, notices initiating fresh assessment set aside.

Retrospective GST Cancellation Unjustified: Vague reasoning & Lack of Proposal in SCN

August 23, 2024 345 Views 0 comment Print

Court rules against retrospective GST registration cancellation due to lack of notice and reasoning, emphasizing principles of natural justice.

DDT cannot be demanded from recipient of interest income: Delhi HC

August 22, 2024 321 Views 0 comment Print

Delhi High Court held that Dividend Distribution Tax (DDT) is liable to be paid by the company which declares, distributes or pays the same. Petitioner, herein, has received interest income from Non-convertible debentures and accordingly cannot be subject to DDT.

General order of approval by PCIT for action u/s. 147/148 invalid: Delhi HC

August 22, 2024 807 Views 0 comment Print

Delhi High Court held that mechanical approval granted by PCIT, vide general order of approval for all the 111 cases without satisfactorily record, for action under section 147/148 of the Income Tax Act is not valid.

Addition of value of shares granted under Employees Stock Purchase Scheme as perquisite not sustained

August 22, 2024 342 Views 0 comment Print

Delhi High Court held that addition of value of shares granted under the Employees Stock Purchase Scheme as perquisite in terms of section 17(2)(iiia) of the Income Tax Act unsustainable in law.

Notice u/s. 148 cannot be issued after expiry of four/six years: Delhi HC

August 22, 2024 2091 Views 0 comment Print

Delhi High Court held that that no notice under section 148 of the Income Tax Act shall be issued if four years “but not more than six years” have elapsed from the end of the relevant assessment year.

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