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Delhi High Court

HC directs unblocking of Electronic Credit Ledger as one year period was expired

January 18, 2022 2028 Views 0 comment Print

HC held that once the assessee is cooperating and has submitted the relevant documents to the Revenue Department then the bank accounts and Electronic Credit Ledger (ECL) of such assessee to be unblocked upon the expiry of one year from the date of imposing such restrictions.

Income Tax Notice issued issued against a dead person, is null and void

January 17, 2022 16509 Views 0 comment Print

Dharamraj Vs ITO (Delhi High Court) Learned counsel for the respondent submits that notice under Section 148 of the Act was issued at the same address of the Assessee which is available in the ITD data base. The said notice was duly served as it was never received back by the Thereafter, notice under Section […]

IGST & Compensation Cess on goods re-imported after being exported for repairs would be wholly exempt

January 16, 2022 6717 Views 0 comment Print

High Court observed that in the absence of specific mention of IGST and Compensation Cess in the Exemption Notification, only the BCD on the fair cost of repair charges, freight and insurance charges would be payable. The IGST and Compensation Cess would be wholly exempted. Therefore, the assessee could not be denied such exemption on reimport of repaired air-crafts and spare parts.

Delhi HC dismisses conducting of alleged parallel investigation by various jurisdictional authorities

January 13, 2022 9474 Views 0 comment Print

HC dismissed the applicability of Circular in a petition challenging the conduct of alleged parallel investigation by various jurisdictional authorities and affirmed the investigations conducted various jurisdictional authorities of the Revenue Department into entities having common nexus. Held that, Circular cannot be extended to cover all and myriad situations that may arise in the administration and the functioning of the GST structure.

Order denying DTAA benefit must contain reasoning or discussion for such denial

January 11, 2022 1644 Views 0 comment Print

Coursera Inc Vs ITO (Delhi High Court) The Petitioner in its application for certificate under section 197 dated 23.09.2021 describes itself as an e-platform operator. In the later part of the same application the petitioner claims itself to be a university for the purposes of article 12(5)(c) of the DTAA between India and United States […]

Bail granted to person accused of misappropriation of Rs.1800 cr

January 5, 2022 4395 Views 0 comment Print

Bail was allowed to accused person of committing fraud, misappropriation of money to the tune of Rs.1800 crores as investigation had not been completed despite the filing of the complaint on 30.10.2021.

HC grants bail to person accused of issuing fake paper invoices

December 31, 2021 1899 Views 0 comment Print

Iit was stated that the respondent to that application i.e. the present petitioner was still engaging himself in issuance of fake paper invoices and thereby passing of fake / ineligible ITC running into crores of rupees

HC allows Commuted value of lease rent for 90 years as revenue expenditure

December 28, 2021 2370 Views 0 comment Print

Coforge Limited (Formerly Known AS NIIT Technologies Ltd) Vs ACIT (Delhi High Court) Conclusion: Commuted value of lease rent at 11 times the rent payable for 90 years @ Rs 708913/- which amounted to Rs 7798042/- was deductible as expenditure in the year of payment as assessee chose to incur the liability of a crystallised […]

Writ Admitted In 153C Case of Non Searched Person For Not Supplying Satisfaction Note & Statement With Assessment Order

December 26, 2021 1257 Views 0 comment Print

Parvin Kumar Batta Vs DCIT (Delhi High Court) 1. Allowed, subject to the applicant/petitioner curing the deficiencies referred to in the captioned application within 15 days from today. CM No. 15835/2021 2. Allowed, subject to just exceptions. W.P.(C) 5166/2021 & CM No. 15834/2021 [Application filed on behalf of the petitioner seeking stay on the operation […]

HC stays assessment order passed without passing a draft assessment order

December 26, 2021 924 Views 0 comment Print

The claim of the petitioner is that the impugned assessment order dated 21.04.2021 has been passed, without adherence to the statutory provisions contained in clauses (xiv) to (xvi) of Section 144B (1), and 144B (9) of the Income Tax Act, 1961

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