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Delhi High Court

Compounding Benefit under Income Tax cannot be denied for non-acquittal from Criminal Charges

March 6, 2022 2205 Views 0 comment Print

Jai Singh Goel Vs Chief Commissioner of Income Tax (Central) & Anr. (Delhi High Court) Impugned Order dated 21.08.2018 rejects the application of the petitioner seeking compounding of offence on two grounds: 1) That the application has been filed beyond the period of limitation; 2) The petitioner already stands convicted by the Competent Court. As […]

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

March 6, 2022 3975 Views 0 comment Print

Summons for appearance issued under Section 70 of the CGST Act and the authorization for arrest issued under Section 69 (1) of the CGST Act, do not fall within the ambit of the definition of Criminal Proceedings, because criminal proceeding commences, only after the launch of prosecution. It

Full Disclosure of Food Article being Veg or Non-Veg is Fundamental Rights: HC

March 6, 2022 4350 Views 0 comment Print

Ram Gaua Raksha Dal Vs UOI (Delhi High Court) Since the right of every person under Article 21 and Article 25 is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non vegetarian is made a part […]

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

March 5, 2022 2067 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 2667 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 891 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 13404 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 885 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 1626 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 5751 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.

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