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Delhi High Court

Delhi HC explains what constitute remission or cessation of a trading liability

December 20, 2023 1347 Views 0 comment Print

Delhi High Court rules in CIT Vs Vardhman Overseas Ltd. that non-payment to creditors, shown in balance sheets, doesn’t imply benefit under Section 41(1) IT Act, safeguarding the principle against double taxation benefits.

Upward adjustment rejected as reimbursement of AMP expenses incurred by Sony India for AE was at arm’s length

December 18, 2023 561 Views 0 comment Print

Delhi High Court held that upward adjustment advertising, marketing and promotion expenses (AMP) rejected as reimbursement of AMP expenses incurred by respondent (Sony India) on behalf of its AE was at arm’s length.

Condonation of delay in filing of appeal by revenue not granted as sufficient cause not shown

December 18, 2023 1959 Views 0 comment Print

Delhi High Court dismissed condonation of delay in filing of appeals by revenue in absence of any sufficient cause shown. Court observed that no action is taken against the officers who sit on files and do nothing under presumption that the court would condone delay in routine.

Delhi HC Quashes Invalid GST Search Authorization due to Lack of Statutory Basis

December 18, 2023 753 Views 0 comment Print

Delhi HC quashes GST search on Bhagat Ram Agro, cites errors in authorization and lack of statutory basis. Emphasizes the importance of legal adherence in GST proceedings.

Fee received for registration of domain name of third party cannot be treated as royalty

December 16, 2023 930 Views 0 comment Print

Delhi High Court held that Godaddy.com (appellant) had granted rights in or transferred the right to use its domain to a third party. Therefore, the fee received by Godaddy.com for registration of domain name of third parties cannot be treated as royalty.

Refund of accumulated ITC permissible when rate of certain inputs are higher than rate on output supply

December 15, 2023 3288 Views 0 comment Print

Delhi High Court held that refund of accumulated Input Tax Credit (ITC) permissible as rate of taxes on certain inputs being higher than tax chargeable on the output supply.

Reassessment proceedings based on query already raised in original assessment unsustainable

December 15, 2023 960 Views 0 comment Print

Delhi High Court held that reassessment proceedings will be invalid where once a query is raised and answered by the assessee in original assessment proceedings but thereafter AO didnt made any addition in the assessment order.

Refund of Tax paid on export is not barred by period of Limitation: Delhi HC

December 14, 2023 1110 Views 0 comment Print

Delhi High Court ruling on Grapes Digital Pvt. Ltd. vs. Principal Commissioner, allowing IGST refund for export of services and addressing interest on late payments.

Non-voluntary payment made under compelling circumstances during search is liable to be refunded

December 14, 2023 741 Views 0 comment Print

Delhi High Court held that payments made under compelling circumstances during the course of search, without ascertaining tax liability and issuance of notice post search, is liable to be refunded back to the taxpayer along with interest.

Involuntary reversal of ITC during search needs to be refunded to taxpayer

December 14, 2023 756 Views 0 comment Print

Delhi High Court held that involuntary reversal of Input Tax Credit (ITC) during search needs to be refunded to the taxpayer while reserving the right of the GST authorities to proceed against the said taxpayer to the full extent in accordance with law.

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