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Delhi High Court

Section 147: Reasons for formation of opinion should have a rational connection with formation of belief

March 27, 2021 2184 Views 0 comment Print

Synfonia Tradelinks Pvt Ltd Vs ITO (Delhi High Court) 1. The reasons which lead to the formation of opinion or belief that the assessee’s income chargeable to tax has escaped assessment should be inextricably connected. In other words, the reasons for the formation of opinion should have a rational connection with the formation of the […]

Interest payable on delayed remittance of refund on account of IGST

March 26, 2021 1437 Views 0 comment Print

TMA International Pvt. Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) Thus, the only other question left for consideration is: as to whether the petitioners should be paid any interest for delayed remittance of refund on account of IGST? Mr. Samar Bansal, who appears on behalf of the petitioners, in support […]

Can HC quash Section 241A order withholding refund pending completion of scrutiny assessment

March 26, 2021 1863 Views 0 comment Print

Whether order u/s 241A withholding refund pending completion of scrutiny assessment can be quashed by writ court under article 226 of the Constitution of India?

Delhi HC explains principles for initiation of Section 147 proceedings

March 26, 2021 2688 Views 0 comment Print

Synfonia Tradelinks Pvt Ltd Vs ITO (Delhi High Court) Delhi HC explains certain well-established principles enunciated by the courts over the years vis-à-vis initiation of proceedings under Section 147 of the Act. (i) The reasons which lead to the formation of opinion or belief that the assessee’s income chargeable to tax has escaped assessment should […]

GST: HC stays summon issued without application of mind

March 25, 2021 2604 Views 0 comment Print

Delhi HC stays proceedings in Ankit Bindal’s case, citing vague summons seeking self-incriminating material. Next hearing on 12/04/2021.

Second FIR against Officers for an offence or different offences committed in course of same transaction was quashed

March 25, 2021 3711 Views 0 comment Print

The Delhi High Court Ruled That The Second FIR In Respect Of An Offence Or Different Offences Committed In The Course Of The Same Transaction Is Not Only Impermissible But It Violates Article 21 Of The Constitution.

Advertising Expenses incurred wholly & exclusively for business allowable

March 25, 2021 6036 Views 0 comment Print

CIT Vs Miele India Pvt. Ltd. (Delhi High Court) Mr. Chandra, did draw our attention to the AO’s view qua the issue, which was, that the advertising expenditure had been incurred to build a brand, i.e., goodwill and therefore, should not be allowed as a deduction, it does not impress us. There is nothing on […]

Siphoning of Company Funds | Rockland Hospitals Case | HC refuses to Grant Bail

March 25, 2021 6522 Views 0 comment Print

Prabhat Kumar Srivastava Vs SFIO (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. The applicant, vide the present application seeks the grant of regular bail in complaint No. 149/2020 pending before the learned Special Judge, Companies Act, Dwarka District Courts in the complaint titled as ‘Serious Fraud Investigation Officer (SFIO) […]

Writ filed against Not allowing erstwhile Allahabad bank auditors to continue

March 25, 2021 3315 Views 0 comment Print

Chartered Accountants Association filed writ against Indian Bank  for not allotting Statutory Audit for Financial Year 2020-21 to erstwhile Allahabad bank auditors. RBI is been made respondent to the writ.

HC explains principles for allowability of Foreign Currency Fluctuation loss

March 24, 2021 3606 Views 0 comment Print

(i) whether the system of accounting followed by the assessee is the mercantile system, which brings into debit the expenditure amount for which a legal liability has been incurred before it is actually disbursed and brings into credit what is due, immediately it becomes due and before it is actually received; (ii) whether the same system is followed by the assessee from the very beginning and if there was a change in the system, whether the change was bona fide;

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