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Delhi High Court

Detention order passed without application of mind is liable to be vitiated

August 10, 2021 2598 Views 0 comment Print

Gopal Gupta Vs Union of India & Ors. (Delhi High Court) The petitioners herein have produced certified copies of the detention orders dated 17.05.2019 passed in the case of Union of India & Anr. vs. Dimple Happy Dhakad, reported as (2019) 20 SCC 609 (filed by the detenu’s wife) from the records available in the […]

HC quashed scrutiny assessment order passed hurriedly

August 9, 2021 1932 Views 0 comment Print

One Mobikwik Systems Private Limited Vs DCIT (Delhi High Court) HC quashed scrutiny assessment order passed hurriedly as Show  Cause Notice was issued on 11.06.2021 (Friday) & time given for reply was upto 14.06.21(Monday). Given the fact that, the time frame set out in the show cause notice dated 11.06.2021 was extremely narrow, and that […]

HC Grants anticipatory Bail in Rs. 56 Crore alleged GST Evasion case

August 8, 2021 1287 Views 0 comment Print

Saurav Gupta Vs CGST (Delhi High Court) 1. The present applications have been filed under Section 482 Cr.P.C. on behalf of the applicant seeking exemption from filing the certified copy of the annexures and duly affirmed affidavits. 2. Insofar as the filing of the certified copy of the annexures is concerned, the same is allowed […]

Delhi HC ruling on adjustment of Income Tax refunds against demand

August 5, 2021 4470 Views 0 comment Print

Eko India Financial Services Private Limited Vs ACIT (Delhi High Court) Against an assessment of AY 2017-18 the petitioner assessee filed an appeal u/s 246A of the Income Tax Act, 1961. AO adjusted the entire refund of the assessee pertaining to AY 2019-20 against such demand, which was more than 20% of such demand. Hon’ble […]

HC Accepted Department’s apology & recalled CBI inquiry over automated mail

August 3, 2021 1110 Views 0 comment Print

Three C Homes Pvt. Ltd. Vs. ACIT (Delhi High Court) Assistant Commissioner of Income Tax (Respondent) filed an application for modification/ recall of the order dated July 16, 2021 (Impugned Order), passed in W.P. (C) No. 5912/2021 dated July 16, 2021, directing Central Bureau of Investigation (CBI) to enquiry on doubtful Income Tax Department’s action […]

HC quashes Assessment order passed for not granting personal hearing despite request

August 3, 2021 1815 Views 0 comment Print

RKKR Foundation Vs National Faceless Assessment Centre Delhi (Delhi High Court) According to us, what has emerged clearly is that, a request for accommodation was made by the petitioner on 27.04.2021, wherein a reference was made to the CBDT circular dated 24.04.2021, whereby, the limitation for passing the assessment order had been extended till 30.06.2021. […]

HC set aside assessment order passed without issuing show cause notice-cum-draft assessment order

August 3, 2021 5886 Views 0 comment Print

YCD Industries Vs National Faceless Assessment Centre (Delhi High Court) The statute [i.e. Section 144B(1)(xiv), (xv), (xvi)b and (xxii)] provides for issuance of a show cause notice-cum-draft assessment order, and an opportunity to the petitioner/assessee to respond to the same where income of the assessee is varied by the respondent/revenue. Admittedly, the petitioner’s income was […]

Section 144B(7) get triggers if petitioner’s income got varied

August 3, 2021 2217 Views 0 comment Print

Satia Industries Limited Vs National Faceless Assessment Centre (Delhi High Court) In the case of Satia Industries Limited Vs. National Faceless Assessment Centre, Delhi in W.P.(C ) 5587/2021 & CM APPL. 17382/2021 (Delhi High Court), it has been considered that since an adverse view was taken, and petitioner’s income got varied, provisions of section 144B(7) […]

HC set aside Assessment order passed despite request for adjournment due to family admitted to Hospital

August 3, 2021 1287 Views 0 comment Print

Sudhir Desh Ahuja Vs National Faceless Assessment Centre & Ors (Delhi High Court) Impugned orders are liable to be set aside for the following reasons: (i) Firstly, the AO failed to deal with the request of the petitioner, for according an adjournment in the matter. Wife and son of the petitioner were admitted to hospital […]

Delhi HC ruling on validity of 19 notices under section 148(1)

August 2, 2021 5052 Views 0 comment Print

Ajay Mittal Vs ACIT (Delhi High Court) Hon’ble Delhi High Court on validity of 19 notices issued u/s 148(1) of the Income Tax Act, 1961 restraining the Revenue from continuing with the reassessment proceedings, in any manner, pursuant to the impugned notices. FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. On 13th July, 2021, this […]

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