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Delhi High Court

Writ petition not maintainable if Excise authorities has not passed adjudication order within Limitation period

December 17, 2019 1854 Views 0 comment Print

Sunder System Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) Sub-section 4B to Section 73 of the Fin Act fixes the time or limitation period within which the Central Excise Officer has to adjudicate and decide the show cause notice. The time period fixed under Clause A or B is six months […]

Assessee cannot be deprived of Transitional Credit : HC

December 17, 2019 1044 Views 0 comment Print

Soni Traders Vs Union of India & Ors. (Delhi High Court) it emanates that the Respondents have no cogent ground to deny the benefit of the Notification No. 49/2019 dated 09.10.2019 issued specifically to grant relief to taxpayers who faced difficulty in filing Form GST TRAN-1 due to technical glitches. Credit standing in favour of an […]

Expense on Conducting of samagams and spiritual discourses by Trust allowable

December 16, 2019 1461 Views 0 comment Print

CIT Vs Bhagwan Shree Laxmi Narain (Delhi High Court) Conducting of samagams and spiritual discourses are part of religious activities and religious activity in the context of the Hindu religion need not be confined to the activities incidental to a place of worship only, like a temple. It is not in dispute that the activities […]

Loss of stock on account of fire at business place is allowable

December 16, 2019 3528 Views 0 comment Print

P.H. Kumar & Co. Vs ITO (Delhi High Court) Court is of the view that the plea of the Assessee ought to have been accepted in the first instance by the AO. The Assessee placed on record the agreement under which it was obliged to bear the loss for shortage of stock. The Assessee also […]

No Violation of section 13(3)- Interest-free loan advanced to other charitable trusts

December 16, 2019 20322 Views 0 comment Print

It defies logic as to why such donations cannot be permitted out of 15% accumulation permitted under Section 11(1)(a) itself. There is however rationale for imposing the restriction as contained in the explanation to accumulations in excess of 15%.

Date of Order of CIT(A) is Relevant Date to determine Limitation u/s 150

December 16, 2019 5115 Views 0 comment Print

Intec Corporation Vs. ACIT (Delhi High Court) Plain reading of Section 150 reveals that it deals with a situation where an assessment or re-assessment for a particular year or for a particular person is necessitated by an order passed by appellate or revisional authority or on a reference. In such cases, it may not be […]

GST system limitations cannot be a justification to deny relief: HC

December 12, 2019 10155 Views 0 comment Print

Vision Distribution Pvt. Ltd. Vs Commisioner, State Goods & Services Tax & Ors. (Delhi High Court) Coming Heavily on GST Department/GSTN Delhi High Court held that The business activity in the country could not be expected to come to a standstill, only to await the Respondents making the GST system workable. The failure of the […]

Monitor Redressal of GSTN Network Grievances: HC instructs GSTN

December 12, 2019 1287 Views 0 comment Print

Sales Tax Bar Association (Regd) & Anr. Vs Union of India & Ors. (Delhi High Court) Till the constitution of Public Grievance Committees (PGCs), we direct that the Chairman and the CEO, GSTN shall be responsible to monitor, and they shall ensure the rederessal of all grievances relating to the GSTN, including IT related grievances […]

ITAT upheld addition at net profit rate of 8% instead of 12% made by AO

December 12, 2019 1260 Views 0 comment Print

The A.O. while estimating income of assessee, has applied net profit rate of 12%. However, Learned Counsel for the Assessee has filed chart of net profit rate for earlier year as well as subsequent years which shows that in subsequent assessment year assessee has declared 8.134% as net profit rate, however, in A.Y. under appeal, net profit rate is 3.014%.

SVLDR 2019 Circular dated 25.09.2019 is not violative of Scheme: Delhi HC

December 9, 2019 2220 Views 0 comment Print

Nidhi Gupta Vs Union of India and Anr. (Delhi High Court) In view of Rule 3 of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, which is floated under the provisions of Finance Act, 2019, and looking to the definition of “amount in arrears”as stated herein above, by no stretch of imagination it can be […]

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