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Delhi High Court

One individual cannot hold two birth certificates containing different birth dates

March 1, 2022 13776 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 1110 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 2871 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 […]

AO must strictly follow time limit of 6 months to decide on Section 154 rectification application

February 28, 2022 3510 Views 0 comment Print

Nokia India Private Limited Vs ACIT (Delhi High Court) Court finds that CBDT instruction No. 2/2013 [F. No. 225/76/2013/ITA.II] dated 5th July, 2013 and Letter [F. No.225/148/2015-ITA-II], dated 5th July, 2015 stipulates that the Assessing Officers must strictly follow the time limit of six months provided under Section 154(8) of the Act in disposing of […]

TDS credit not given despite appearing in Form 26AS- HC directs DCIT to dispose rectification application

February 28, 2022 3999 Views 0 comment Print

Cheil India Private Limited Vs DCIT (Delhi High Court) Learned Counsel for the Petitioner states that while filing the return of income, the Petitioner had claimed credit of TDS amounting to INR 32,14,36,286/-, whereas while processing the return, the CPC granted credit of only INR 1,83,37,658/-. He points out that the TDS was duly supported […]

HC upheld suspension of FCRA registration of Commonwealth Human Rights Initiative

February 21, 2022 1971 Views 0 comment Print

Commonwealth Human Rights Initiative Vs Union of India (Delhi High Court) Delhi High Court upheld the decision of Centre to suspend FCRA registration of  Commonwealth Human Rights Initiative for alleged violations of the Foreign Contribution (Regulation) Act, 2010 (FCRA, 2010). Impugned order records the following violations of the FCRA, 2010: i. The activities / projects […]

Banks cannot stop payment under Bank Gaurantees/ LCs for Dispute between Buyer/Seller

February 20, 2022 2157 Views 0 comment Print

Satish Kansal Vs Synergy Tradeco NV (Delhi High Court) Merely because there is a dispute between the buyer and the seller with regard to the contract of supply of goods, that cannot be ground for interfering with the LC. Therefore, the courts have recognized only two exceptions to the aforesaid principle where courts would pass […]

Recourse to Section 14 of A&C Act not available in respect of any challenge to arbitrator under Section 12(1)

February 18, 2022 5160 Views 0 comment Print

UOI Vs Aps Structures Pvt. Ltd (Delhi High Court) It is well settled that recourse to Section 14 of the A&C Act is not available in respect of any challenge to the arbitrator under Section 12(1) of the A&C Act. Such a recourse is permissible only in the event the arbitrator is ineligible by virtue […]

Interest on blocked ECL for more than one Year- HC issues notice to GST commissioner

February 12, 2022 1110 Views 0 comment Print

Petitioner would like to press for grant of interest as ITC under Rule 86A of the Central Goods and Services Tax Rules, 2017 could have been blocked only for a period of one year. He emphasises that in the present case the blocking has been done for two years.

Withholding Tax Rate on payment by Google Cloud to Google Asia- HC Grants interim Relief

February 11, 2022 3045 Views 0 comment Print

Google Asia Pacific Pte Ltd Vs CIT (Delhi High Court) Learned counsel for the Petitioner has pointed out that withholding the rate of 10% as prescribed under the DTAA is inclusive of the applicable surcharge and cess and therefore no additional surcharge or cess is required to be imposed. This position, he submits is settled […]

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