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Delhi High Court

Reassessment invalid if section 143(2) notice was issued on very same day of filing ITR

May 12, 2021 3213 Views 0 comment Print

When the notice u/s 143(2) was issued to assesseee on the very same day on which assessee filed the return in response to notice u/s 148 stating that the return already filed may be treated as return in response to notice u/s 148, such notice issued u/s 143(2) on the very same day had to be treated as invalid and assessment was vitiated due to non-application of mind by the AO.

HC sets aside Faceless Assessment Order passed without considering objection to SCN

May 10, 2021 5430 Views 0 comment Print

In the case of the KBB Nuts Private Limited V/s National Faceless Assessment Centre Delhi (NFAC) assessment proceedings and directed the revenue to grant a personal hearing to the authorised representative of the petitioner, before proceeding to pass a fresh assessment order.

No connection between FEMA & IGST Act for realisation of foreign exchange for export of goods

May 7, 2021 1536 Views 0 comment Print

A perusal of Section 8 of FEMA would show that, it calls upon the concerned person to take “reasonable steps” for realisation and repatriation of foreign exchange proceeds. In this case, the realisation and repatriation of foreign exchange involves proceeds from goods exported by the petitioner.

Delhi HC accepts pleas for extension of due dates & Waiver of Penalty & Interest

May 6, 2021 9813 Views 0 comment Print

Delhi High Court issues ad-interim direction in the writ petition seeking extension of due dates for IT, GST, and VAT compliances amid COVID-19. Next hearing on 13.05.2021.

Delhi HC on Import of Oxygen Concentrators by Individuals & Payment of IGST

May 6, 2021 1329 Views 0 comment Print

Gurcharan Singh Vs Ministry of Finance (Delhi High Court) 1. It is pleaded to extend the exemption, to even individuals, to enable them to obtain imported oxygen concentrators by way of a gift, albeit, without having to pay IGST. 2. That tax is an exaction by the State is well known. That its levy and […]

Delhi HC to examine Applicability of Section 144B to proceedings pending on 01.04.2021

May 6, 2021 1548 Views 0 comment Print

SAMS Facilities Management Private Limited Vs National Faceless Assessment Centre & Anr (Delhi High Court) The petitioner claims that the impugned assessment order was passed without passing a draft assessment order and the variation made in the declared income was carried out without issuance of a show cause notice. In other words, the contention is […]

Can Govt extend IGST exemption on import of oxygen concentrators by way of gift by Individuals: HC ask CG

May 5, 2021 522 Views 0 comment Print

We are of the view that since the respondent has gone this far, it could move further, and extend the exemption, to even individuals, to enable them to obtain imported oxygen concentrators by way of a gift, albeit, without having to pay IGST.

HC admit writ against NFAC Assessment order passed without proper SCN

May 4, 2021 2523 Views 0 comment Print

SAS Fininvest LLP Vs National-Assessment Centre Income Tax Department New Delhi (Delhi High Court) DELHI HIGH COURT admitted writ petition on account of not giving proper show cause notice (SCN) with material prior to passing of assessment order against NFAC. Also first time honourable court took cognizance of board instructions cited by us and reproduced […]

Delhi HC admits plea for extension of Compliance under Tax & Labour Laws

May 3, 2021 5832 Views 1 comment Print

This is a petition seeking various reliefs in terms of extensions for filing compliances under various Acts, including the Income Tax Act, 1961, the Goods and Services Tax Act, 2017, the Employees Provident Fund & Miscellaneous Provisions Act, 1952, the Employees State Insurance Act, 1948 and other Labour Laws, owing to the second wave of the Covid-19 pandemic. It is also prayed that a waiver ought to be granted in respect of interest and other penalties for delay in filing returns and other compliances.

Delhi HC issues notice to Govt on plea seeking Tax Compliance due date Extensions

May 3, 2021 984 Views 1 comment Print

Society For Tax Analysis and Research filed a writ with Delhi High court seeking various reliefs in terms of extensions for filing compliances under various Acts, including the Income Tax Act, 1961, the Goods and Services Tax Act, 2017, the Employees Provident Fund & Miscellaneous Provisions Act, 1952, the Employees State Insurance Act, 1948 and other Labour Laws, owing to the second wave of the Covid-19 pandemic.

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