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Delhi High Court

CPC applied tax rate of 25% instead of Section 115BAA rate of 22% – HC directs CPC to dispose rectification application

March 5, 2022 2034 Views 0 comment Print

. In the present writ petition, it has been averred that though the Petitioner had opted to be taxed under Section 115BAA of the Act, wherein tax rate of 22% has been prescribed, yet the Respondents by the impugned order has applied the tax rate of 25% as mandated under Section 115BA of the Act.

Petitioner is entitled to exclusion of time spent in prosecuting the proceeding bona fide in a court without jurisdiction.

March 4, 2022 2637 Views 0 comment Print

KLJ Organic Ltd. Vs CIT Vs (Delhi High Court) In the opinion of this Court, Section 14 of the Limitation Act, 1963 is attracted to the facts of the present case and the Petitioner is entitled to exclusion of time spent in prosecuting the proceeding bona fide in a court without jurisdiction. This Court is […]

Section 11 exemption cannot be denied if Trust is not working with the intent of earning profit

March 4, 2022 876 Views 0 comment Print

Since assessee was not earning any profit as the main object of assessee was to improve the public transport system in the country and the road safety standards and activities of laboratory testing and consultancy are bringing revenue to the assessee-association but intent of such activities is not to earn profit for its shareholders/owners, therefore, exemption under section 11 could not be denied to assessee.

Delhi HC quantifies alcohol storage limit at residence

March 4, 2022 13314 Views 0 comment Print

Avijeet Saluja Vs State of NCT of Delhi (Delhi High Court) Delhi HC quantifies maximum permissible limit of alcohol storage at residence. 1. The Delhi High Court has affirmed that an individual, aged above 25 years, can possess 9 litres of Indian Liquor and Foreign Liquor, i.e., whisky, vodka, gin and rum, and 18 litres […]

Delhi HC Granted Stay for Notice issued on the basis of Approval from Incompetent Authority

March 2, 2022 855 Views 0 comment Print

Nandita Sikka Vs Income Tax Officer (Delhi High Court) Learned counsel for the petitioner states that the impugned notice has been issued without approval of the competent authority as per Section 151 of the Act. He states that the approval has not only been obtained from an incompetent authority but has also been obtained after […]

S.138 NI Act: Factors to Keep in mind before making a person vicariously liable

March 1, 2022 1602 Views 0 comment Print

Gopala Krishna Mootha Vs State Govt of NCT of Delhi & Anr (Delhi High Court) In a Complaint under Section 138 read with Section 142 of the NI Act a person cannot avoid liability by merely stating that owing to his age he is unable to manage the affairs of the company It is not […]

HC grants Bail to CA in alleged case of involvement in Bribery

March 1, 2022 5625 Views 0 comment Print

Applicant, who is a qualified Chartered Accountant (CA), was arrested on 31.12.2021, whereafter he was remanded to police custody till 08.01.2022, and ever since 09.01.2022, he is in judicial custody.

One individual cannot hold two birth certificates containing different birth dates

March 1, 2022 13650 Views 0 comment Print

Vipin Sehrawat Vs Deputy Commissioner SDMC (Delhi High Court) Petitioner is holding two birth certificates with two different dates of birth. One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his […]

Invocation of section 13(2)(b) in absence of sufficient inquiry is unsustainable in law

February 28, 2022 1077 Views 0 comment Print

In the present case, the AO, apart from relying upon some opinion of rent from property broker firms and websites, does not appear to have made any independent inquiry on the adequacy of the rent being charged by the respondent/assessee from Hamdard Dawakhana (Wakf).

Section 154 rectification application should be disposed off within statutory limitation

February 28, 2022 2823 Views 0 comment Print

Nortel Networks India International INC. Vs Assistant Director of Income Tax CPC (Delhi High Court) 1. By way of the present writ petition, Petitioner seeks directions to the Respondent No. 2 to dispose of within four weeks, Petitioner’s Rectification Application dated 14th May, 2020 granting the consequential TDS credit of Rs.5,51,15,908 due to the petitioner […]

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