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Delhi High Court

Reactivate DIN/DSC of directors of defaulting Companies: Delhi HC

January 6, 2021 2184 Views 0 comment Print

Explore the Delhi High Court’s decision in Anant Narain vs. Union of India, addressing the revival of DIN/DSC for directors under CFSS-2020. Learn about the scheme’s purpose, conditions, and implications for disqualified directors of struck-off companies.

GST: Power to attach Bank Account cannot be used in absence of statutory precondition

January 6, 2021 4746 Views 0 comment Print

Power to attach the bank account must therefore be exercised only in strict compliance with the statutory power, and could not be extended to cover situations which were not expressly contemplated by the section. Absent the statutory precondition for exercise of the power of attachment, any order under Section 83 was wholly illegal and unsustainable. 

ITAT cannot exercise Power to Remand in a routine manner

January 4, 2021 4395 Views 0 comment Print

It is well settled law that remand is not a power to be exercised in a routine manner and should be used sparingly, as an exception only when the facts warranted such course of action.

HC direct banks to maintain Classification of Accounts of RCOM & its subsidiary

December 28, 2020 960 Views 0 comment Print

Punit Garg & Anr Vs Union Bank Of India & Ors. (Delhi High Court) 1. Issue notice. Mr. O. P. Gaggar, Advocate accepts notice for R-1 and Mr. Shantanu Tyagi, Advocate accepts notice for R-4 and R-5. On steps being taken, notice be issued to the respondent No.3/RBI through all permissible modes including Dasti Service. […]

Failure to pass draft assessment order U/s. 144C(1) invalidates final assessment order

December 24, 2020 10827 Views 0 comment Print

PCIT Vs Headstrong Services India Pvt. Ltd. (Delhi High Court) It is now settled law that failure to adhere to the mandatory procedure prescribed under Section 144C of the Act would vitiate the entire proceedings and the same cannot be treated as an irregularity/ curable defect. In ESPN Star Sports Mauritius S.N.C. ET Companies vs. […]

Miscellaneous application filed within 6 Month of actual receipt of order is not barred by limitation

December 23, 2020 18606 Views 0 comment Print

ITAT has erroneously concluded that the miscellaneous application filed by the petitioner was barred by limitation under Section 254(2) of the Act inasmuch as the petitioner had filed the miscellaneous application within six months of actual receipt of the order.

No Penalty if issue is debatable on which Appeal is been admitted

December 22, 2020 9468 Views 0 comment Print

Delhi High Court has upheld the deletion of the penalty on the ground i.e. the fact that appeals were admitted proved that the issue was debatable.

Addition justified for Bogus Donation received by Educational Trust

December 22, 2020 2298 Views 0 comment Print

Addition made by AO against Educational Trust on account ofdonations were found to be bogus  was justified as  assessee failed to discharge the onus of proof cast upon it and no attempt was made to produce credible material to corroborate the transactions or to explain the contradictory evidence that it was confronted with.

AO Cannot Ignore Mandate of Rule 28AA & Proceed on Any Other Basis

December 21, 2020 3480 Views 0 comment Print

Manpowergroup Services India Pvt. Ltd. Vs CIT (Delhi High Court) THE ASSESSING OFFICER CANNOT IGNORE THE MANDATE OF RULE 28AA AND PROCEED ON ANY OTHER BASIS AS THE GOVERNMENT IS BOUND TO FOLLOW THE RULES AND STANDARDS THEY THEMSELVES HAD SET ON PAIN OF THEIR ACTION BEING INVALIDATED. CONSEQUENTLY, THE IMPUGNED ORDER IS QUASHED ON […]

HC grants bail to person accused of availing fraudulent ITC of Rs. 10.84 Cr

December 21, 2020 966 Views 0 comment Print

Sh Raghav Agarwal Vs Commissioner of Central Tax And GST Delhi North (Delhi High Court) 2. The applicant was arrested by an Arrest Memo dated 18.11.2020, issued by the Superintendent (Anti-Evasion), Commissioner Central Tax, GST Delhi 3. Mr Gupta, learned senior counsel appearing for the applicant has referred to the Arrest Memo, which indicates that […]

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