Delhi High Court

Service Tax under RCM on Senior Advocates Applicable from April 2016: Delhi HC

Delhi High Court Bar Association & ANR Vs Union of India & Ors (Delhi High Court)

service tax from 1st April 2016 itself ought to have been collected on reverse charge basis. If any client who has paid the fees of the Senior Advocate, has failed to make payment of the corresponding service tax on reverse charge basis, it would be open to the Department to proceed against such client to recover the service tax in accord...

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Perfection And Excellence Is Lacking In Legal Profession: Delhi HC

Swaran & Anr Vs. Indu Wahi & Ors (Delhi High Court)

Perhaps, it is because of the said grounds having been allowed by the Courts to prevail, that perfection and excellence is lacking in the legal profession and mediocrity has set in....

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Section 144C: Final order passed without passing draft assessment order is invalid

Jcb India Ltd. Vs. DCIT & Anr (Delhi High Court)

High Court held that The failure by the AO to adhere to the mandatory requirement of Section 144C (1) of the Act and first pass a draft assessment order would result in invalidation of the final assessment order and the consequent demand notices and penalty proceedings....

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No Absolute Exemption to CBI From RTI Act: Delhi HC

CPIO CBI Vs. CJ Karira (Delhi High Court)

The Delhi High Court has directed the CBI to consider the application of an RTI activist seeking information about corruption within the central investigating body and action taken into allegations made by Delhi Chief Minister Arvind Kejriwal of shady probe into the coalgate scam pursuant to a news report....

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Before Passing an Order U/s. 263 Principal CIT or CIT has to do their Own Enquiry

PCIT vs. Delhi Airport Metro Express Pvt. Ltd (Delhi High Court)

Before Passing An Order Under Section 263 Principal Commissioner Or Commissioner Of Income Tax Has To Make His/Her Own Enquiry...

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Tax Exemption cannot be denied to Trust not meant for one particular religious community

CIT (Exemptions) Vs. M/s. Indian Society Of The Church Of Jesus Christ Of Latter Day Saints (Delhi High Court)

It has been found that the activities of the Assessee Society, though both religious and charitable, were not exclusively meant for one particular religious community. It was, therefore, rightly not denied exemption under Section 11 of the Act....

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HC allows Import without IGST payment against Advance Authorization

Narendra Plastic Private Limited Vs Union of India & Ors. (Delhi High Court)

Delhi High Court on appeal by Narendra Plastic Private Limited  directed as under: (i) The Petitioner will be permitted to clear the consignments of imports constituting inputs for the fulfilment of its export orders placed on it prior to 1st July 2017 without any additional levies, and subject to the quantity and value as specified [&he...

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Mere Cheque payment and establishing ID of creditors is not sufficient to make a loan genuine

Principal Commissioner Of Income Tax – 7 Vs Bikram Singh (Delhi High Court)

The use of deceptive loan entries to bring unaccounted money into banking channels plagues the legitimate economy of our country. The mere fact that the identity of the lenders is established & payments are made by cheques does not mean they are genuine....

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Revision on the ground that AO did not conduct a detailed inquiry due to paucity of time is invalid

Pr. Commissioner Of Income Tax (Central-02) Vs. Mera Baba Reality Associates Pvt. Ltd. (Delhi High Court)

S. 263: Lack of inquiry vs. Inadequate inquiry: Revision on the ground that the AO did not conduct a detailed inquiry on account of paucity of time is unfair to the assessee and invalid (Amitabh Bachhan 384 ITR 200 (SC) & Maithan International 375 ITR 123 (Cal) distinguished ...

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Section 115JB does not apply to insurance companies

Oriental Insurance Co. Ltd Vs DCIT (Delhi High Court)

Applicability of Section 115JB to insurance companies Turning now to ITA No. 447/2015, the question concerns the applicability of Section 115JB of the Act to insurance companies. The ITAT has permitted the Assessee to raise this question since, in a large number of judgments of the ITAT, the question has been answered in favour of [&helli...

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