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Delhi High Court

ICAI not bound to take disciplinary action against its member merely because of receipt of reminder from SFIO

April 22, 2018 4935 Views 0 comment Print

Petitioner is a Chartered Accountant against whom information within the meaning of Rule 7 of the Chartered Accountants (Procedure of Investigation of Professional and other Misconduct and Conduct of Cases) Rules, 2007 was provided by Serious Fraud Investigation Office

Statement U/s. 132(4) Whether binding upon assessee or not

April 22, 2018 4614 Views 0 comment Print

Principal CIT Vs Manoj Hora (Delhi High Court) The text of section 132(4), clarifies that the presumption arises in the case of the searched party. In case the statements by the party whose premises are searched, or to be attributed to a third party – as in the case of the assessee, there has to […]

Penalty proceedings initiated after 6 months from receipt of Adjudicatory Order is time barred

April 21, 2018 11817 Views 0 comment Print

Salora International Ltd. Vs. CIT (Delhi High Court) A plain and textual reading of Section 275(1A) clarifies that the expiry of six months prescribed is to be reckoned from the date of completion of proceedings or from the end of the month in which the order of the CIT(A) or as the case may be […]

Limitation period for revision petition U/s. 264 starts from the day assessee receives intimation U/s. 143(1)

April 15, 2018 3690 Views 0 comment Print

The challenge in this writ petition is to an order dated 21stDecember, 2016 passed by the Principal Commissioner of I ncome Tax (PCIT) rejecting the Petitioners application under Section 264 of the Income Tax Act, 1961 (Act) on the ground of limitation.

Deemed Dividend applicable if Assessee diverted amount received for procuring Import Licenses for Share purchase

April 12, 2018 1512 Views 0 comment Print

While hearing the case of Commissioner of Income Tax vs M/s Prasidh Leasing Limited, the Delhi High Court ruled that Provisions of Deemed Dividend applicable when Assessee diverted Advance amount received for procuring import licenses for purchase of shares under Section 2(22)(e) of the Income Tax Act 1961.

Reopening after 4 years with approval of DIT instead of JCIT is invalid

April 11, 2018 1962 Views 0 comment Print

Reopening of assessment of A.Y. 2005-06 after expiry of four years without obtaining approval of an officer of the rank of Joint Commissioner was bad in law and even if such approval had been granted, by the officer superior i.e., the DIT, it would not cure the defect.

A claim of creditor cannot be said to be barred by limitation if acknowledged by the debtor

April 4, 2018 3783 Views 0 comment Print

A division bench of the Delhi HC comprising Justice Sanjiv Khanna and Justice Chander Shekhar denied the dis allowance made in case of old creditors under section 40(1) of the Income Tax Act.

Exporters to furnish bonds to export without paying IGST: Delhi HC

April 1, 2018 1842 Views 0 comment Print

The question raised in the present petition concerns Rule 96A of the Central Goods and Services Tax Rules, 2017 and Circular No. 4/4/2017- GST issued by the Central Board of Excise and Customs (GST Policy Wing), in terms of which any person exporting goods or services without payment of integrated tax is required to furnish a bond or a letter of undertaking (‘LUT’) in Form GST RFD-11.

HC allows Input tax credit of clean energy cess on coal stock as on 30.06.2017

April 1, 2018 4437 Views 0 comment Print

Petitioner here will continue to pay the taxes as and when they fall due after availing and utilizing the credit for the cess already paid. This will, however, be subject to the final orders passed by this Court.

CA Final Result Controversy: HC asks ICAI to produce relevant documents

March 15, 2018 40794 Views 2 comments Print

In a interim order Delhi High Court has held in the case of Milind Aggarwal & Ors Vs. The Institute Of Chartered Accountants Of India that ICAI shall produce the relevant official records pertaining to the receipt and compilation of the documents, the moderation procedure adopted leading to the final declaration of results which would […]

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