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Delhi High Court

Penalty cannot be imposed merely because assessee had made a new claim

March 24, 2021 1185 Views 0 comment Print

PCIT Vs Taneja Developers and Infrastructure Ltd. (Delhi High Court) Tribunal was required to consider, was: whether penalty could be imposed on the assessee only because it had made a new claim [in line with the change in its accounting policy] in its fresh return? Admittedly, [and there is no dispute about it] AS-7 permitted […]

Statutory authority should not exercises its powers without determining jurisdiction in the matter

March 19, 2021 1185 Views 0 comment Print

BT (India) Private Limited Vs ITO (Delhi High Court) Having heard the learned counsel for the parties, according to us, if the statutory authority exercises its powers without determining whether or not it has jurisdiction in the matter, that itself, may, in certain cases, call for interference. The record shows that the application of AAR […]

Refundable security deposit shown as a liability in books cannot be added to Income

March 18, 2021 5115 Views 0 comment Print

PCIT Vs Landbase India Ltd (Delhi High Court) Since the security deposit continues as a liability in the books of the assessee club, the assessing officer could not have added the same to the income of the assessee club. The tribunal has correctly, in our opinion, deleted the addition. FULL TEXT OF THE JUDGMENT/ORDER OF […]

Mere issuance of scrutiny notice cannot stall the remittance of refund

March 18, 2021 1371 Views 0 comment Print

Ingenico International India Pvt. Ltd. Vs DCIT (Delhi High Court) A plain reading of Section 241A shows that the mere issuance of the scrutiny notice under Section 143 (2) of the Act cannot stall the remittance of refund to the assessee. The refund can only be stalled if the conditions stipulated in Section 241A of […]

HC instructs GST search team to ensure privacy

March 17, 2021 1284 Views 0 comment Print

If, in the interregnum, investigation is necessitated, in line with the circular dated 05.10.2018, it shall be carried out only by the Gautam Budh Nagar Commissionerate. The search officers will ensure that there is no invasion of privacy.

HC explains Provisions of Section 138 of NI Act related to trial of offence

March 10, 2021 59244 Views 1 comment Print

Sumit Bhasin Vs State of NCT of Delhi & Anr. (Delhi High Court) Negotiable Instruments Act, provides sufficient opportunity to a person who issues the cheque. Once a cheque is issued by a person, it must be honored and if it is not honoured, the person is given an opportunity to pay the cheque amount […]

HC issues COVID Guideline for compliance by all airlines & DGCA

March 8, 2021 789 Views 0 comment Print

The DGCA is directed to reflect, forthwith, on its website, prominently, the instructions containing the guidelines and protocols to be followed by passengers and in-flight crew in domestic flights. This shall be reflected on the main website of the DGCA, without requiring the person accessing the site to navigate through various links to reach the instructions.

HC grants bail to accused arrested by ED under PMLA

March 5, 2021 2304 Views 0 comment Print

Assesssee was admitted to bail linked to bank loan fraud arrested by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 (PMLA) on his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of Trial Court as  it was not the case of the prosecution that the accused was of such character and stature that his mere presence at large would intimidate the witnesses and there was no material on record to show that if released on bail, he would tamper with the evidence or subvert the course of justice.

HC places matter of virtual non application of mind and disregard to hierarchy of Courts by Trial Court before Inspecting Committee of HC Judges

March 4, 2021 864 Views 0 comment Print

Air Customs  Vs Begaim Akynova (High Court Delhi) The petitioner, vide the present petition has sought the setting aside of the impugned order dated 06.01.2021 of the learned CMM, New Delhi vide which the learned Trial Court granted permission to the respondent-Begaim Akynova to travel abroad to her home for one year from 06.01.2021 to […]

HC quashes Section 148 Notice issued without prior administrative approval of PCIT

March 4, 2021 2853 Views 0 comment Print

According to Mr. Mahna, the administrative approval of Principal Chief Commissioner, Income Tax was obtained by the Assistant Commissioner, Income Tax only on 30.03.2018, i.e., after the issuance of the notice under Section 148 of the Act.

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