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Delhi High Court

Filing of cross-objection after 4 years is not proper after acceptance of dis allowance

February 5, 2018 816 Views 0 comment Print

Belated cross-objections– by over four years, in the opinion of the Court, meant that the appellants were seeking to rake up stale issues for which they had accepted the finality as regards their tax liability.

Summary of Delhi HC Judgement in Chamber of tax Consultants Vs. UOI

February 1, 2018 8142 Views 0 comment Print

The notification notifying ICDS is contrary to the settled law since its implementation would nullify the judgements of the Supreme Court and the High Courts. This method of overriding the binding decision of Courts by the executive was contrary to law explained in Shri Prithvi Cotton Mills Limited v. Broach Borough Municipality (1969) 2 SCC 283.

Section 4(b) of Sick Industrial Companies (Special Provisions) Repeal Act, 2003 is constitutionally valid: HC

January 28, 2018 2847 Views 0 comment Print

M/S Atv Projects (India) Ltd Vs. Union Of India & Ors. (Delhi High Court) Under the newly enacted Section 4(b) there are only two classes of persons, namely (i) those persons in whose cases schemes were sanctioned and (ii) those persons in whose cases the schemes were pending. In the former, there are two sub-classes […]

Input tax credit cannot be denied to recipient on default of payment by supplier

January 26, 2018 94758 Views 4 comments Print

High Court of Delhi held Section 9(2)(g) of Delhi VAT Act to the extent it disallows Input tax credit to purchaser due to default of selling dealer in depositing tax, as violative of Articles 14 and 19(1)(g) of Constitution of India.

HC allows disqualified director in a Strike off Company to avail CODS 2018

January 18, 2018 10617 Views 5 comments Print

Admittedly,Company is not carrying out any businesss and its bank account has not been operated for over three years, petitioner ought to be provided benefit of CODS – 2018.

When the very basis of the reopening of the assessment having been eroded, notice under section 148 quashed in the case of Oracle

January 14, 2018 3864 Views 0 comment Print

When the very basis of the reopening of the assessment having been eroded, notice under section 148 quashed in the case of Oracle

HC penalizes VAT officials for Illegal Search and Seizure

January 8, 2018 2502 Views 0 comment Print

Teleworld Mobiles Pvt. Ltd. Vs. Commissioner Of Trade & Taxes (Delhi High Court) Counsel for the respondents have submitted that illegality of seizure or survey or investigation would not affect admissibility and relevancy of the evidence collected. The said evidence as per the respondent is admissible and decisions in M. Malkani versus State of Maharashtra, […]

Issues relating to Territorial Jurisdiction cannot be decided on the Administrative Side of CESTAT: Delhi HC [Read Order]

January 4, 2018 1869 Views 0 comment Print

It is obvious that the appeals should be listed on the judicial side, even if, there is an issue or debate with regard to the territorial jurisdiction of the Tribunal. Such matters cannot be decided on the Administrative side, by the Registry of the CESTAT, even when it is of the opinion that the appellants have not approached the right or correct Bench of the Tribunal having territorial jurisdiction.

No deduction allowed U/s. 43B of amount standing in ‘Sales-tax Recoverable A/c‟

January 3, 2018 5127 Views 0 comment Print

Whether the ITAT has committed an error of law in upholding the dis allowance of Rs. 3,08,79,171 in respect of Sales Tax Recoverable account, under Section 43B of the Income Tax Act?

Ensure wide publicity to Condonation of Delay Scheme, 2018: Delhi HC

January 2, 2018 1491 Views 0 comment Print

In a recent ruling, the Delhi High Court directed that the Condonation of Delay Scheme on its official website with a view to ensure that wide publicity is given to the scheme.

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