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Delhi High Court

Delhi HC stays section 148 proceedings through a reasoned order

July 13, 2021 2373 Views 0 comment Print

Mudra Finance Limited Vs ITO (Delhi High Court) Petitions have been heard by way of video conferencing. Present writ petitions have been filed challenging t he notices dated 09th June, 2021, 30th June, 2020 and 28th June, 2020 issued in W.P. (C) 6442/2021, 6443/2021 and 6451/2021 respectively by respondent No.1 under section 148 of the Income Tax […]

HC admits writ challenging constitutional of Section 2(6) of IGST Act, 2017

July 13, 2021 1512 Views 0 comment Print

Koenig Solutions Pvt. Limited Vs Union of India & Ors. (Delhi High Court) Present writ petition has been filed challenging the constitutional validity under Section 2(6) of the Integrated Goods and Services Act, 2017 (‘IGST Act’) regarding ‘export of services’. Petitioner also seeks a declaration that the amount received in convertible foreign exchange from foreign […]

Delhi HC order sets aside faceless assessment order as no SCN or draft assessment order was issued

July 13, 2021 2904 Views 0 comment Print

The record presently placed before the Court would show that though no show cause notice-cum-draft assessment order was issued, yet several opportunities had been granted by the respondents/revenue to the petitioner, before the said date, to explain its case.

Delhi HC set aside order passed by AO as no personal hearing was granted to assessee

July 12, 2021 2040 Views 0 comment Print

Naresh Kumar Goyal Vs National Faceless Assessment Center & Ors. (Delhi High Court) Naresh Kumar Goyal (Petitioner) challenged the show cause notice and the draft assessment order both dated April 19, 2021, penalty notice dated May 20, 2021 (Notices) and the assessment order dated May 20, 2021 (Impugned Order) passed by the Department. The Petitioner […]

HC set aside Faceless Assessment order for not sharing draft Assessment order

July 8, 2021 2244 Views 0 comment Print

International Management Vs National Faceless Assessment Centre (Delhi High Court) 1. The basis of addition was not furnished to the petitioner. He emphasizes that no draft assessment order was issued which is mandatorily required under the Faceless Scheme. 2. In a similar case being Smart Vishwas Society vs. National Faceless Assessment Centre Delhi (Earlier National […]

Applicability of newly inserted provisions of Section 148A: HC Stays the matter

July 7, 2021 8529 Views 0 comment Print

Briefly, the issue concerns the applicability of the newly inserted provisions of Section 148A and the amendments brought inter alia in Section 149 of the Act. According to the petitioner, the proceedings should conform to the amended provisions.

No Power to Carry Out Reassessment on Same Material & Facts Available on Record

July 5, 2021 2760 Views 0 comment Print

Ess Advertising (Mauritius) S.N.C. Et Compagnie Vs ACIT (Delhi High Court) No Power to Carry Out Reassessment On Same Material And Facts Available On Record And Rubber Stamp Approval Held Invalid Following Synfonia Decision Of Own Court Thus, the moot question, which arises for consideration, is: should the respondent be permitted to assess the petitioners‟ […]

Revision by CIT Held Invalid Where Interdiction of Assessment Order In Substitution of View Taken By AO Is Not Permissible Under Section 263

July 5, 2021 1467 Views 0 comment Print

PCIT Vs Brahma Centre Development Pvt. Ltd. (Delhi High Court) Revision by CIT Held Invalid Where Interdiction of Assessment Order In Substitution of View Taken By AO Is Not Permissible Under Section 263 To answer this issue, one would have to bear in mind, the following aspects. i. Was there an enquiry carried out by […]

Citizen cannot be penalised for a discrepancy in FCRA forms

July 1, 2021 1308 Views 0 comment Print

The citizen cannot be penalised for a discrepancy in the form prescribed by the respondent which has resulted in the form being unable to be submitted even in the case of a law abiding citizen.

No grant of pre-emptory injunction to Sushant’s father for violation of right to privacy

June 26, 2021 1308 Views 0 comment Print

Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court) Conclusion: Plaintiff i.e., Sushant Singh father  had failed to satisfy the three-pronged test for grant of pre-emptory injunction to restrain exhibition of the films and defendant had filed numerous documents to show that the said film was being publicized and promoted since August, 2020. Therefore, Plaintiff […]

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