Delhi High Court

Transfer of shares cannot be construed as transfer of assets

M/S Gillette India Limited Vs Delhi Development Authority (Delhi High Court)

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]...

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Non Filing of Income Tax Return | Offence under Section 276CC

Jay Polychem India Ltd. Vs ACIT (Delhi High Court)

Offence under section 276CC stood committed upon the non-filing of return under section 142(1) within the prescribed time limit. Hence, no case was made out for discharge of assessee....

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Genuineness / creditworthiness of parties from whom share capital/premium received

Pr. CIT Vs Adamine Construction (P) Ltd. (Delhi High Court)

Pr. CIT Vs Adamine Construction (P) Ltd. (Delhi High Court) The material on record in the form of the orders of the lower appellate authorities disclosed that both the assessee and later the share applicants (upon receiving notice under Section 131 of the Act) had produced documentary proof. These included the assessments and income-tax r...

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Substantial justice deserves to be preferred over technical considerations

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court)

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court) It is relevant to state that AO in his remand report dated 10.10.2016 did not dispute the veracity of the additional evidences furnished by the assessee and further learned CIT(A) did not admit the additional evidences purely on technical ground which is wholly […]...

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HC dismisses Assessment Order passed by AO to defeat VAT Refund

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court)

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court) HC held that it appears to us that in the present case the default assessment order has been generated only to defeat the refund claim of the petitioner, which, in any event, ought to have been paid well before the impugned orders […]...

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Non-compliance with Section 50 of the NDPS Act, 1985

Sikodh Mahto Vs. State (Delhi High Court)

The Hon­­'ble High Court of Delhi vide Judgment dated 6th June, 2019 passed in Crl. A. No.660/2017 titled Sikodh Mahto vs. State and in  Crl No.698/2017 titled Prabhu  Mahto vs. State while quashing the order passed by Ld. Additional Sessions Judge, acquitted the appellants in case involving alleged seizure  of contraband (Charas w...

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ITAT Member Selection Board can evolve its own procedure

Puneet Sharma Vs Union of India & Ors. (Delhi High Court)

Puneet Sharma Vs Union of India & Ors. (Delhi High Court) 649 applications were received by Department of Legal Affairs’ circular dated 06th July, 2018 for 37 members (Judicial/Accountant) in ITAT. Considering the huge number of applications received for the above-mentioned posts, the interim Search-cum-Selection Committee deem...

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Section 14A Disallowance also on Strategic investments

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court)

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court) High Court held that strategic investments have to be considered for disallowance under Section 14A but assessee is entitled to contend that the investments are legacy Investments or one-time investment and that there is in fact no expenditure incurred to earn the tax-free income. F...

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Anti-profiteering -Delhi HC stays NAA order

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court)

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court) Delhi High Court has stayed the order passed by the National Anti-profiteering Authority wherein NAA had rejected the plea that CGST Section 171 was not applicable to reduction in rate of tax as compared with pre-GST indirect tax regime, and [&hell...

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Bagasse not a manufactured product- Allahabad HC quashes CBIC Circular

M/s. Balrampur Chini Mills Ltd Vs Union of India (Allahabad High Court)

M/s. Balrampur Chini Mills Ltd Vs Union of India (Allahabad High Court)  Allahabad High Court has held that Cenvat credit need not be reversed in respect of bagasse which is an agricultural waste and not a manufactured final produ The High Court quashed CBIC Circular No.1027/15/2016-CX, dated 25-4-2016 which treated bagasse as exempted p...

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