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Delhi High Court

HC upheld provisions of Section 115BBDA: Tax on dividend above ₹ 10 Lakh

April 28, 2019 16716 Views 0 comment Print

Rajan Bhatia Vs CBDT (Delhi High Court) Section 115BBDA is a non-obstante provision that would apply and prevail over Section 10(34) of the Act. Section 115 BBDA states that notwithstanding anything contained in the Act, where the total income of a specified resident assessee, includes income by way of dividend declared, distributed or paid by […]

Govt can retain excess auction sale proceeds of confiscated goods: SC

April 23, 2019 3204 Views 0 comment Print

Under Sections 125 read with Section 126 of the Customs Act, 1962 where the redemption fine in lieu of confiscation is not paid within the time stipulated, the Central Government is entitled to retain the excess auction sale proceeds of the confiscated goods, after adjustment of the duty, penalty, interest and other statutory dues.

Bagasse not a manufactured product- Allahabad HC quashes CBIC Circular

April 12, 2019 2301 Views 1 comment Print

M/s. Balrampur Chini Mills Ltd Vs Union of India (Allahabad High Court)  Allahabad High Court has held that Cenvat credit need not be reversed in respect of bagasse which is an agricultural waste and not a manufactured final produ The High Court quashed CBIC Circular No.1027/15/2016-CX, dated 25-4-2016 which treated bagasse as exempted product. It […]

HC imposes cost of Rs. 1 Lakh on petitioner for suppressing fact of filing same writ earlier before another bench

April 10, 2019 1899 Views 0 comment Print

Cost imposed of 1 lakh by Delhi High Court on Petitioner for suppressing the fact of filing the same writ earlier before another bench of Delhi HC and withdrawing the same as that Bench seemed unfavorable

Bogus Capital Gains from Penny Stocks- HC upheld the addition

April 7, 2019 7104 Views 0 comment Print

Udit Kalra Vs ITO (Delhi High Court) In the case there was a specific information that assessee has indulged in non-genuine and bogus capital gain obtained from the transactions of purchase and sale of shares of M/s Kappac Pharma Ltd., a Mumbai based company. It is noticed that the purchase transaction has been done off […]

In absence of any exempt income disallowance U/s. 14A not permissible

April 7, 2019 2421 Views 0 comment Print

ITAT relied upon the ruling of this Court in Cheminvest Limited vs. Commissioner of Income Tax-VI, (2015) 378 ITR 33 which ruled in the absence of any exempt income, disallowance under Section 14-A of the Act of any amount was not permissible.

Cancellation of F Forms issued to Petitioner by dealers: HC Grants interim stay

April 6, 2019 2154 Views 0 comment Print

Sheel Chand Agroils (P) Ltd. Vs Government of NCT of Delhi & Anr. (Delhi High Court) Rule 8A of the CST Delhi Rules makes the issuance of manual forms redundant. All forms now are generated electronically through the website of the DTT and qua particular transactions/suppliers. He accordingly submits that there was no occasion for […]

Commissioner to decide on extending time for filing of revised GST TRAN-1: HC

April 4, 2019 1029 Views 0 comment Print

Jai Laxmi Cement Co.(P.) Ltd. Vs Union Of India (Allahabad High Court) Rule 120A of the CGST Rules, 2017 provides that where a registered dealer submits a declaration electronically in FORM GST TRAN-1 within the time period specified in Rule 117, Rule 118, Rule 119 and Rule 120 he may revise such declaration once and […]

Rectification application of assessee not to entertained in case assessee’s conduct was speculative

March 31, 2019 3237 Views 0 comment Print

PCIT Vs N. R. Portfolio (Delhi High Court) Conclusion: The conduct of the assessee was speculative, it was not an uninformed litigant; it calculatedly chose not to question the rejection of its cross objection. Instead, waited more than a year after the decision of this court (which was rendered on 21-12-2012) till the two members […]

Addition can be made without issuing notice u/s 153C separately in case both assessee and his brother lived in same building

March 31, 2019 1362 Views 0 comment Print

Where both searched assessees were brothers and were involved in the common business and assessee used to be in-charge of the accounts, there was no necessity of issuing notice under Section 153C separately to assessee in case they lived separately, but in the same building.

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