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Delhi High Court

No stipulation in amended section 80A(5) restricting assessee from revising deduction

February 16, 2019 6747 Views 0 comment Print

Amended 80A (5) could not be read as a stipulation barring and restricting the assessee from revising the computation/claim for deduction made in accordance with Section 80A (5).

Addition for bogus share capital introduced as accommodation entries justified

February 14, 2019 2700 Views 0 comment Print

Addition made by AO was justified with regard to introduction of bogus share capital in the form of accommodation entries as the transactions done were clearly sham with excellent paper work to camouflage their bogus nature.

Indefinite Sealing of the premises under GST law is illegal: Delhi HC

February 12, 2019 1482 Views 0 comment Print

Ms Napin Impex Private Ltd. Vs Commissioner Of DGST (Delhi High Court) The brief facts are that the petitioner is a registered dealer, which trades inter alia in PVC raisins and other food items such as beverages. The petitioner alleges that its premises were visited by the Revenue authorities on 29.08.2018 when the DGST officials directed […]

Cancellation of Bail for offence under GST justified if petitioner threatens witness

February 12, 2019 1347 Views 0 comment Print

Rajesh Jindal Vs Commissioner of Central Tax GST Delhi (West) (Delhi High Court) Counsel for the respondent says that statements have been recorded inter alia of one Sh. Deepak Taneja and Sh. Ravinder Tyagi, both of whom have stated, giving specifics, that the petitioner has threatened them since they were made dummy directors by the […]

Addition not justified for expense which was not claimed as Expenditure or Deduction

February 11, 2019 4068 Views 0 comment Print

Mother Dairy Fruit & Vegetable Pvt. Ltd. Appeal: AO Failed To Establish A Legal Basis For The Addition On Account Of Disallowance Of Interest Expense, When The Assessee Had Not Even Claimed It As Expenditure Or Deduction, Addition Unjustified

Misconduct Proceedings against CA for Sexual Harrassment is valid : HC

February 11, 2019 3381 Views 0 comment Print

Lalit Agrawal Vs ICAI & ANR (Delhi High Court) Hon;ble Court is unable to accept the contention that the Board of Discipline does not have the jurisdiction to examine the alleged misconduct which includes Sexual Harrassment on the part of the petitioner. Clause (2) of Part-IV of the First Schedule to the Act is wide, […]

Interest cannot be disallowed for mere advancing of Interest-free advances to third parties

February 10, 2019 4116 Views 0 comment Print

Merely because non-interest bearing advance was given to third parties, the same would not justify that the test of ‘commercial expediency’ was not satisfied by assessee. Hence, disallowance of proportionate interest made by AO was not justified, as the same was given for business purposes.

HC allows interest on borrowed Funds advanced to Subsidiary Companies

February 8, 2019 5673 Views 0 comment Print

DLF Hotel Holding Case: Interest On Borrowed Funds Allowed As Deduction Under Section 36(1)(iii) Even If Some Of Funds Financed To Subsidiary Companies

HC directs HUL to deposit Rs. 90 cr with Central Consumer Welfare Fund

February 6, 2019 1410 Views 0 comment Print

Hindustan Unilever Limited Vs Union of India & Ors. (Delhi High Court) The issue pertains to Anti Profiteering order passed against HUL whereunder it was directed to deposit Rs.233 Crores. In the Writ Petition filed against the said order, the Delhi HC passed the following interim orders In view of the submissions and contentions raised, […]

No effect on Prosecution u/s Section 276CC by subsequent filing of income tax return

February 5, 2019 6465 Views 0 comment Print

Karan Luthra Vs ITO (Delhi High Court) The offence under Section 276 CC of IT Act deals with failure to comply with the obligation under Sections 139 (1) or 142(1) or 148 of IT Act. Disobedience of each said provision of law itself constitutes a distinct offence. The offence under Section 276 CC, prima facie, […]

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