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Delhi High Court

Rule 86A(1) Cannot Mandate Taxpayer to Replenish ECL for Past ITC: Delhi HC

September 26, 2024 1968 Views 0 comment Print

Delhi HC clarifies Rule 86A of CGST Rules, restricting debit of ITC in ECL. Blocking applies only to available ITC, no requirement to replenish past usage.

Delhi HC Limits Retrospective GST Registration Cancellation to date of SCN

September 26, 2024 243 Views 0 comment Print

Delhi HC rules GST cancellation order invalid for retrospective effect. Prospective from SCN date. Order passed without proper hearing violates natural justice.

TDS Obligations: Reimbursement of Expenses vs. Fee for Technical Services

September 25, 2024 1254 Views 0 comment Print

Delhi HC rules reimbursements to NRAEs not subject to TDS as “fees for technical services,” clarifying scope of Section 9(1)(vii) and TDS under Section 195.

Proper Authority Must Specify Infraction for Tentative Denial of Preferential Duty treatment

September 25, 2024 213 Views 0 comment Print

Proper officer under Customs Act could  detain the goods or stall the process of importation, without forming a requisite opinion in support of a suspicion that he had regarding the issue of Country-Of-Origin (COO) certificate or the origin of the imported articles.

Custodian liable to pay duty on goods pilfered while in custody: Delhi HC

September 25, 2024 318 Views 0 comment Print

Delhi High Court held that section 45(3) of the Customs Act provides that the custodian of the imported goods having been in custody is liable to pay duty in case they are pilfered while in custody. Accordingly, customs duty and penalty rightly levied.

No reassessment u/s 148 without new materials forming opinion hat income had escaped assessment

September 25, 2024 639 Views 0 comment Print

The action for reassessment which was commenced pursuant to the Section 148A(b) notice dated 27 May 2022 could not be countenanced and was liable to be quashed as there were no reasons underlying the formation of opinion that income had escaped assessment.

Bail in excise policy case granted as there is no likelihood to tamper with witness: Delhi HC

September 25, 2024 249 Views 0 comment Print

Delhi High Court granted bail in excise policy case as ED case is documentary in nature and all the documents are collected and there is no likelihood of his tampering with the witnesses or influencing the witnesses.

Rent from factory building taxable under the head income from house property: Delhi HC

September 25, 2024 1179 Views 0 comment Print

Delhi High Court held that rental income earned from factory building it taxable under the head Income from house property and is eligible for deduction under provisions of section 24 of the Income Tax Act.

Delhi HC allows Difference in Purchase & Sale Price of Stock Appreciation Rights as Revenue Loss

September 24, 2024 366 Views 0 comment Print

Delhi High Court held that difference between purchase price of Stock Appreciation Right and the sale price at the time of exercise by the employees, holding the same to be revenue loss allowable as business deduction as expenditure incurred as per SEBI guidelines.

Aircraft Leasing Revenue Not Taxable Under India-Ireland DTAA: Delhi HC

September 24, 2024 417 Views 0 comment Print

Delhi High Court held that as per Article 12 of India-Ireland DTAA revenue receipt from aircraft leasing is outside the purview of taxation. Thus, it is impermissible to invoke section 9(1)(vi) in light of express exemption under DTAA.

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