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Delhi High Court

Delhi HC Upholds Reopening Based on ‘Yes, I Am Convinced’ Approval

October 7, 2025 966 Views 0 comment Print

Delhi High Court upheld reassessment for Agroha Fincap, ruling that the sanction “Yes, I am convinced it is a fit case” meets Section 151 requirements, rejecting the ITAT’s finding of mechanical approval.

ITSC Applications Filed Before 31 March 2021 to Be Treated as Pending

October 7, 2025 381 Views 0 comment Print

Delhi High Court rules ITSC applications filed until March 31, 2021, are valid and must be treated as pending. Retrospective cut-off of February 1, 2021, is arbitrary, violating Article 14.

Non-Viewing GST SCN on Portal Not a Valid Defence – But Fair Hearing Still a Must: Delhi HC

October 7, 2025 1065 Views 0 comment Print

Dismissing the plea of unawareness of portal notices, the Delhi High Court upheld that assessees must regularly check the GST portal. Yet, to uphold natural justice, it remanded the matter for reconsideration since no reply or personal hearing was granted.

Section 54F Exemption Cannot Be Denied If Construction Began Before Sale: Delhi HC

October 6, 2025 984 Views 0 comment Print

Delhi High Court holds Section 54F exemption valid even if house construction began before sale of asset, reaffirming liberal interpretation of tax relief.

Delhi HC Reaffirms Concurrent JAO–FAO Jurisdiction for Reassessment

October 6, 2025 6468 Views 0 comment Print

Delhi High Court dismisses petitions, reiterating that both Jurisdictional Assessing Officers (JAO) and Faceless Assessing Officers (FAO) have concurrent jurisdiction to issue Section 148 reassessment notices, holding prior High Court ruling (T.K.S. Builders) is binding.

Blocking of ITC in electronic cash ledger justified on fraudulent availment of ITC from non-existing supplier

October 6, 2025 1851 Views 0 comment Print

Delhi High Court held that Petitioner was clearly hand-in-glove with M/s. Balaji [non-existing supplier] and has enabled loss to the exchequer by fraudulently availing ITC without actual supply of goods or services. Accordingly, writ dismissed and order blocking of ITC in electronic cash ledger upheld.

Retention of seized property without adhering to section 20 of PMLA is unlawful

October 6, 2025 1485 Views 0 comment Print

Delhi High Court held that retention of seized property without adhering to section 20 of Prevention of Money Laundering Act, 2002 [PMLA] is contrary to statutory framework and accordingly unsustainable in law. Hence, present appeal is allowed and order set aside.

Appeal lies to Supreme Court when issues of determining taxability or valuation are involved

October 6, 2025 894 Views 0 comment Print

Delhi High Court held that in terms of section 35L of the Central Excise Act, 1944 when issues of determining taxability or valuation are involved, the appeal would lie to the Supreme Court. Accordingly, appeals are disposed of.

Both Jurisdictional and Faceless Officers Can Issue Reassessment Notices: Delhi HC

October 6, 2025 1125 Views 0 comment Print

Delhi High Court held that under Section 148A of the Income Tax Act, both the Jurisdictional Assessing Officer and Faceless Assessing Officer possess concurrent jurisdiction to issue reassessment notices, reaffirming its earlier ruling in TKS Builders Pvt. Ltd.

Delhi HC Confirms Concurrent Jurisdiction of JAO and FAO for Section 148 Proceedings

October 6, 2025 918 Views 0 comment Print

Reiterating its view from K.S. Builders Pvt. Ltd., the Delhi HC held that both Jurisdictional and Faceless Assessing Officers have concurrent powers to issue reassessment notices under Section 148 of the Income Tax Act.

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