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Delhi High Court

Central Excise Officers of DGCEI have all India jurisdiction : Delhi HC

November 16, 2018 5661 Views 0 comment Print

National Building Construction Company Limited Vs Union Of India & Ors. (High Court Delhi) Delhi High Court held as under: (i) Central Excise Officers of DGCEI have all India jurisdiction and can issue notices and enquire into the matters relating to service-tax against any assessee/ person even if the said person or assessee is registered […]

Money or payment received in trust and in fiduciary capacity, should not be treated as income

November 14, 2018 2250 Views 0 comment Print

CIT Vs Society for Indian Automobile Manufactures (Delhi High Court) Ministry had sanctioned Rs.1,474.10 lacs ( including cost of land) for setting up Model Inspection & Certification Centres. The respondent/assessee was to execute this project for and on behalf of the Ministry. The amount received was in form of a financial sanction and not a […]

CA Final Result: A mistake & error cannot confer a legal right: HC

November 10, 2018 5643 Views 0 comment Print

Milind Aggarwal Vs ICAI (Delhi High Court) The dispute relates to the result declared by the respondent-institute. The appellants claim that they had cleared Group I/II as per the result circulated through Whatsapp messages and uploaded on Facebook. They rely on the screenshots. The appellants however accept that as per result uploaded on the official […]

HC upheld addition for security deposit used as a devise to postpone tax liability

November 10, 2018 2343 Views 0 comment Print

One of the most fundamental bases amongst the other important considerations is that if new materials or documents come to light, the assessee’s income can be revisited and additional amounts brought to tax.

To avail benefit of ‘peak credit’ theory Assessee needs to explain all transactions

November 8, 2018 8454 Views 0 comment Print

CIT Vs M/S. JRD Stock Brokers Pvt. Ltd (Delhi High Court) The peak credit worked out by the Assessee was on the basis that the principle of peak credit would apply, notwithstanding the failure of the Assessee to explain each of the sources of the deposits and the corresponding destination of the payment without squaring […]

Towers and Shelters are not Immovable Properties: Cenvat Credit allowed

October 31, 2018 6618 Views 0 comment Print

Vodafone Mobile Services Limited Vs Commissioner Of Service Tax (Delhi High Court) Tribunal had denied CENVAT credit to the assessee on the premise that the towers erected result into an immovable property, which is erroneous and contrary to the judgment of the Supreme Court in the case of Solid and Correct Engineering (supra). The towers […]

2 Years time limit u/s. 153B applies only to original order and to orders passed after remand

October 29, 2018 3315 Views 0 comment Print

Surendra Kumar Jain Vs PCIT (Delhi High Court) The general provision of two years, in the opinion of the Court, has been provided with one important objective i.e. to cater to a specific situation where upon search and seizure operation, if new material is found, already completed assessments are revisited. Had Parliament not prescribed such a […]

Complete sealing of Premises under GST Act is illegal: HC

October 18, 2018 6549 Views 0 comment Print

M/s. Napin Impex Pvt. Ltd. Vs Commissioner of DGST Delhi (Delhi High Court) The petitioner alleges that its premises were visited by the Revenue authorities on 29.08.2018 when the DGST officials directed production of books of accounts and other documents. Since the petitioner was not in possession of those, it sought 24 hours time for […]

Submit details of GST Refund Claimed/Processed/ Paid/ Pending: HC

October 18, 2018 999 Views 0 comment Print

Delhi High Court has asked Central Government to file details of (i) GST Refund applications filed and claimed (ii) refund applications pending with amount claimed (iii) refunds which have been issued and (iv) refunds paid by the Central Government and the State Government and (v) steps taken to remove the alleged grievances.

Delhi HC allows manual GSTR-3B filing to enable Transitional credit claim

October 17, 2018 1770 Views 0 comment Print

Indusind Media Communications Ltd. & Anr Vs Union Of India & Ors. (Delhi High Court) The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; ITC reversed and the net ITC available. As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are […]

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