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Delhi High Court

Constitutional Validity of GST Compensation Cess- HC Admits Plea

September 7, 2017 3081 Views 0 comment Print

The challenge in this petition is to the constitutional validity of the Goods and Services Tax (Compensation to States) Act, 2017 (‘Act’). The context in which the challenge is laid is that the Petitioner is a trader of imported and Indian coal having its operation in various parts of the country. Prior to the impugned Act, under the Finance Act, 2010 (‘FA 2010’), with effect from 1st July 2010, a ‘Clean Energy Cess’ was levied under Chapter VII

No Absolute Exemption to CBI From RTI Act: Delhi HC

September 7, 2017 1611 Views 0 comment Print

The Delhi High Court has directed the CBI to consider the application of an RTI activist seeking information about corruption within the central investigating body and action taken into allegations made by Delhi Chief Minister Arvind Kejriwal of shady probe into the coalgate scam pursuant to a news report.

No Service Tax on Service by Indian Tour Operators in foreign currency to foreign tourists

August 31, 2017 4443 Views 0 comment Print

Services provided by Indian tour operators to foreign tourists during the period 1st July 2012 to 1st July 2017, which has been paid for in convertible foreign exchange would not be amenable to service tax.

Not giving sufficient time to file details is against principles of natural justice: HC

August 23, 2017 2124 Views 0 comment Print

Delhi High Court has held in the case of Systra Sa Project Office Vs Dispute Resolution Panel that action of the DRP in providing only 3 days time to file a long list of documents and later on refusing to take them on record is against principles of natural justice.

Penalty u/s 271AAA cannot be levied on undisclosed Income for which AO did not put a specific query to assessee

August 21, 2017 2007 Views 0 comment Print

1. The Revenue is in appeal against the order dated 28th October, 2016 passed by the Income Tax Appellate Tribunal in ITA NO. 476/Del./2014 for Assessment Year (‘AY’) 2010-2011. 2. The question sought to be urged by the Revenue is whether the ITAT erred in law in confirming the order of the Commissioner of Income […]

Section 68: Peak Credit Benefit to accommodation entry provider

August 21, 2017 3696 Views 0 comment Print

 The legal position in respect of an accommodation entry provider seeking the benefit of ‘peak credit’ appears to have been totally overlooked by the ITAT in the present case. Indeed, if the Assessee as a self-confessed accommodation entry provider wanted to avail the benefit of the ‘peak credit’, he had to make a clean breast […]

Penalty cannot be levied in respect of an addition not having been made in quantum assessment

August 15, 2017 4623 Views 0 comment Print

In this Question arose for consideration was whether penalty under section 271(1)(c) of Income Tax Act, 1961 could be levied in respect of an addition not having been made in quantum/assessment proceedings and it was held that Imposition of penalty proceedings under section 271(1)(c) is strictly circumscribed to addition which has been made/confirmed in the […]

4 year limitation period for Re-Assessment is an Exception and not the Rule

August 14, 2017 3726 Views 0 comment Print

This is yet another case in the ever increasing number of cases filed before this Court challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act).

Onus of ensuring presence of deponent cannot be shifted to assessee

August 13, 2017 1734 Views 0 comment Print

S. 68: Statements recorded u/s 132 (4) do not by themselves constitute incriminating material. A copy of the statement together with the opportunity to cross-examine the deponent has to provided to the assessee. If the statement is retracted and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence

Lawyers & Litigants-In-Person to get info of Defects in Cases via Email

August 4, 2017 831 Views 0 comment Print

Henceforth the lawyers and litigants-in-person shall also be provided with the details of defects of their filed cases via e-mail in addition to the SMS alert already being received about the defects.

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