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Delhi High Court

No addition for share issued at Premium based on prescribed methodology

March 1, 2021 3084 Views 0 comment Print

PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court) The law requires determination of fair market values as per prescribed methodology. The Appellant-Revenue had the option to conduct its own valuation and determine FMV on the basis of either the DCF or NAV Method. The Respondent-Assessee being a start-up company adopted DCF method to value […]

No SVLDRS benefit if department not quantifies amount during investigation

February 22, 2021 1317 Views 0 comment Print

Karan Singh Vs Designated Committee Sabka Vishwas Legacy Dispute Resolution Scheme and Another (Delhi High Court )  Since quantification has co-relation and is interlinked with tax relief under the scheme, and the Petitioner has not made a voluntary disclosure, but has rather approached for settlement in respect of case under investigation, we find merit in […]

Appeal cannot be dismissed Merely For Non-Prosecution

February 19, 2021 4317 Views 0 comment Print

Pradeep Kumar Jindal  Vs PCIT (Delhi High Court) In the present case, admittedly, there is no adjudication by the ITAT on merits. In our opinion, the order dated 10th December, 2015 of the ITAT, dismissing the appeal of the petitioner for non-prosecution and not on merits, as the ITAT was required to do notwithstanding the […]

Commission Expenses Disallowance – HC restored case to AO

February 18, 2021 6492 Views 0 comment Print

Kunwar Tuli Vs ITO (Delhi High Court) We find that the Assessing Officer has disallowed the part of the commission expenses paid on the ground that the assessee failed to produce the requisite evidences, including contract agreement between the parties and the assessee sought to justify the commission expenses only in view of the tax […]

HC requests Delhi Governor to notify Nomination of member of Advance Ruling Authority 

February 16, 2021 681 Views 0 comment Print

Having regard to the fact that since November, 2020, the Advance Ruling Authority has not been conducting the hearings, we make a request to the Hon’ble Lieutenant Governor to take up the matter on priority basis and process the nomination received from the CBIC at the earliest.

Detention Order under COFEPOSA ACT cannot be quashed merely for delay in Execution

February 16, 2021 3126 Views 0 comment Print

Harmeet Singh Vs Union of India (High Court of Delhi) Detention order under COFEPOSA ACT cannot be quashed merely for delay in Execution It cannot be concluded that the livelink between the prejudicial activity in which the petitioner was found involved on 1-2.02.2019 and the purpose and object of detention, when the detention order was […]

Delhi VAT: HC set aside order time barred by Section 34 Limitation

February 16, 2021 7452 Views 0 comment Print

K. R. Ananad Vs Commissioner of Central Goods And Services Tax (Delhi High Court) Petitioner submits that in this case order was passed by ignoring the mandate of Section 34 of the DVAT Act which prescribes limitation for completion of assessment and provides period of four years. In terms of the Section 34, the assessment […]

HC directs PCIT to correct apparent mistake in Form-3 of Vivad Se Vishwas

February 15, 2021 2043 Views 0 comment Print

The petition impugns the Certificate dated 9th January, 2021 issued by the respondent in Form-3, under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020, vide Acknowledgment No.158235220090121, to the extent the same treats the case of the petitioner as a search case.

Regular Books of Accounts cannot be termed as Incriminating Material

February 15, 2021 3537 Views 0 comment Print

Regular Books Of Accounts Maintained By Assessee Can Not Be Termed As Incriminating Material To Frame Assessment Under Section 153A , All Addition On Basis Of Such Material Is Therefore Invalid

HC explains validity of invocation of section 153A based on statement recorded in search action against a third person

February 12, 2021 3876 Views 0 comment Print

Section 153A Invalid Where Statement Belonging And Pertaining To Person Other Than Searched Person Used To Assume Jurisdiction and Only Section 153C Can Be Invoked And Without Cross Examination Of Witness There Can Be No Valid Proceedings Under Law.   

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