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Delhi High Court

immunity from penalty cannot be denied for delay/default by Revenue

April 30, 2022 1824 Views 0 comment Print

Nirman Overseas Private Limited Vs National Faceless Assessment Centre Delhi (Delhi High Court) AO issued the impugned order dated 16th March, 2022 denying the immunity from penalty and prosecuting the Petitioner on the ground that since no order under Section 270AA had been passed by the jurisdictional Assessing Officer within the statutory timeline, it may […]

Domain Name Registrars are Intermediaries under Information Technology Act

April 28, 2022 2325 Views 0 comment Print

Domain Name Registrars by the application of the algorithm derived by whom the infringing domain names were becoming available to prospective registrants, would themselves be infringers, within the meaning of Section 29 of the Trade Marks Act, and liable in that regard.

Section 270AA immunity cannot be availed in case of misreporting of income

April 26, 2022 6339 Views 0 comment Print

Ultimate Infratech Private Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) 1. Only in cases where proceedings for levy of penalty have been initiated on account of alleged misreporting of income that an assessee is prohibited from applying and availing the benefit of immunity from penalty and prosecution under Section 270AA. […]

Arbitration Agreement – Analysis of recent Delhi High Court Judgement

April 18, 2022 6264 Views 0 comment Print

Parsvnath Developers Ltd Vs Future Retail Limited (Delhi High Court) Arbitration Agreement : Sufficiency of stamp duty on agreement & nature of contract cannot be adjudicated by Court U/s 11 Of A&C Act. The dispute as to whether the contract was sufficiently stamped or not, and the averments made by the petitioner with respect to the […]

Fraudulent Claim of ITC of ₹9.97 crores: HC grants Bail to Accused

April 18, 2022 1062 Views 0 comment Print

The allegation against applicant is that he and a co-accused have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect.

HC allows expense on payment of bonus to Directors

April 18, 2022 6063 Views 0 comment Print

PCIT Vs BMO Advisors Pvt. Ltd. (Delhi High Court) This Court in AMD Metplast Pvt. Ltd. V. DCIT, (2012) 341 ITR 0563 as well as in CIT v. Career Launcher India Ltd., (2013) 358 ITR 0179 (Delhi) has upheld grant of bonus by companies to its directors. Consequently, this Court is of the view that […]

Failure to issue Section 143(2) notice cannot be condoned under Section 292BB

April 18, 2022 2349 Views 0 comment Print

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) Supreme Court in Commissioner of Income-Tax vs. Laxman Das Khandelwal (supra) has clearly stated that the scope of Section 292BB is to make service of notice having certain infirmities to be proper and valid. However, the section does not save complete absence of notice. For section […]

Assessee not permitted to abandon Income Tax assessment/reassessment machinery  

April 17, 2022 1632 Views 0 comment Print

Gulmuhar Silk Pvt. Ltd. Vs ITO (Delhi High Court) Though it is the petitioner’s case that the impugned order is erroneous on facts, yet this Court is of the opinion that the petitioner would have ample opportunity during the course of proceedings before different statutory forums to show that the finding of fact arrived at […]

Tax Exemption cannot be denied to Charitable Trust merely for Publication of Advertisement of Scholarship to Poor Student in a single News Paper

April 17, 2022 861 Views 0 comment Print

CIT (Exemptions) Vs Hamdrd National Foundation (India) (Delhi High Court) 1. Present batch of appeals has been filed raising a common question of law, namely, as to whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal (for short ‘Tribunal’) was correct in allowing the appeal of the assessee ignoring the […]

HC quashes Reassessment Orders for Contradiction in Reason for reopening

April 17, 2022 702 Views 0 comment Print

Vodafone Luxembourg 5 S A R L Vs Income Tax Department (Delhi High Court) Learned counsel for Revenue emphasises that the petitioner’s case has been selected for reassessment only on the ground that the respondents has doubted as to whether interest was received by the petitioner-assessee on rupee denominated bonds issued by an Indian company […]

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