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Delhi High Court

No Professional misconduct if auditor not obtains NOC from auditor prior to existing auditor

July 22, 2019 20115 Views 0 comment Print

Ssay & Associates Vs ICAI (Delhi High Court) Conclusion: Since the accounts filed with the Registrar of Companies for the years 2006-07 to 2008-09, that is, for the three years prior to the period for which KNA was appointed, had been audited by M/s Manu Sharma and Co. and therefore, there was no necessity for […]

Preliminary steps for fulfillment of purpose of business| set up of business | Section 35D

July 20, 2019 1194 Views 0 comment Print

Where in service sector, the entity has involved itself in various kinds of steps, some of which are preliminary to setting up the main substantial commercial venture such as appointment of key personnel, preparation of draft model development agreement and initiation of process to tender financial and advisory services, then, claim for deduction of depreciation, preliminary expenses and employee’s remuneration was to be allowed.

Can Adjudication of Counter Claim be stayed in Purview of Moratorium Declared on Corporate Debtor?

July 18, 2019 4317 Views 0 comment Print

The Court held that Plaintiff’s and the Defendant’s claim needs to be adjudicated comprehensively by the same forum. Till the defence is adjudicated, there is no threat to the assets of the Plaintiff and the continuation of the counter claim would not adversely impact its assets.

Anti-Profiteering: HC stays NAPA’s order in ‘Jubilant Foodworks Ltd.’ case

July 17, 2019 3189 Views 0 comment Print

Jubilant Foodworks Ltd. & Anr. Vs Union of India & Ors (Delhi High Court) As far as the facts of the present case are concerned, one grievance is that although the Petitioners deal in as many as 393 products, and even according to the NAPA they are compliant in regard to the price of many […]

Expense on issue of shares under ESOP allowable

July 13, 2019 6567 Views 0 comment Print

Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court) The question of law urged with respect to expenditure claimed towards case of Employee Stock Ownership Plan (ESOP) has been subject matter of previous orders of this Court in respect of the present assessee. For A.Y. 2008-09 in ITA 107/2017 (Commissioner of Income Tax […]

ITAT should expedite hearing in old appeals: Delhi HC

July 13, 2019 798 Views 0 comment Print

President or the Senior Vice President concerned of the Tribunal should take appropriate steps and expedite the hearing in these appeals, so as to ensure that final orders in all these appeals are announced at the earliest, preferably within four months from today.

Systems glitches on GSTN portal: HC called meeting with GSTN officials

July 10, 2019 7371 Views 0 comment Print

The Court also requests the learned ASG to arrange a meeting in her chamber, at least one week prior to the next date of hearing, of the lawyers appearing on behalf of the Petitioner with the Senior Vice President Of the GSTN and an officer of the level of Additional Secretary in the Department concerned, so that there could be a meaningful interaction with a view to mitigating/ eliminating the outstanding issues.

Transfer of shares cannot be construed as transfer of assets

June 17, 2019 9456 Views 0 comment Print

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]

Non Filing of Income Tax Return | Offence under Section 276CC

June 16, 2019 17721 Views 0 comment Print

Offence under section 276CC stood committed upon the non-filing of return under section 142(1) within the prescribed time limit. Hence, no case was made out for discharge of assessee.

Genuineness / creditworthiness of parties from whom share capital/premium received

June 12, 2019 1164 Views 0 comment Print

Pr. CIT Vs Adamine Construction (P) Ltd. (Delhi High Court) The material on record in the form of the orders of the lower appellate authorities disclosed that both the assessee and later the share applicants (upon receiving notice under Section 131 of the Act) had produced documentary proof. These included the assessments and income-tax returns […]

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