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Delhi High Court

Reassessment notice solely based on audit opinion not valid

December 16, 2018 1419 Views 0 comment Print

PCIT Vs FIS Global Business Solutions India Pvt. Ltd (Delhi High Court) In the present case, the reassessment notice is solely based on an audit opinion. Having regard to the fact that the assessee’s challenge to the previous year’s re-assessment orders was successful – in FIS Global Business Solutions India Pvt. Ltd. v. ACIT 2018 (408) […]

Unregistered Partnership Firm can file Suit against Dishonour of Cheque: Delhi HC

December 13, 2018 9612 Views 1 comment Print

In the instant case, the respondent is seeking enforcement of the liability of the petitioners created under Section 30 and 37 of the Negotiable Instruments Act, 1881 as the cause of action for the plaint is based on the dishonour of the said cheques. Since, the suit is not based on any contract between the parties, the bar under Section 69 (2) of the of the Indian Partnership Act,1932 would not apply.

HC admit Appeal on Power of Commissioner related to Form GSTR-3B & GST Payment date issue

November 26, 2018 1410 Views 0 comment Print

Delhi HC to examine validity of Circular No.07/07/2017-GST & Rule 61(5). Challenge on due date for filing GST return and delegation of authority. Next hearing on 12th February, 2019.

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

November 16, 2018 5697 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 2271 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 5697 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 2373 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 8505 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 6654 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 3342 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 […]

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