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Delhi High Court

Ten-year block period not applies to Income Tax searches before 01.04.2017

January 21, 2025 3645 Views 0 comment Print

Delhi HC dismisses PCIT appeal in Karina Airlines case, ruling amendments to Section 153C of the IT Act do not apply retroactively to pre-2017 searches.

No power to Designated Authority to reopen concluded cases under Vivad se Vishwas Act

January 20, 2025 879 Views 0 comment Print

There was no provision under the DTVSV Act that empowered a Designated Authority to reopen a concluded settlement. Once a final certificate was issued under Section 5(1), all disputes with regard to the ‘tax arrear’ stood concluded.

AO must be satisfied that accommodation entries exist before proceeding u/s 148

January 20, 2025 546 Views 0 comment Print

Where assessee had produced ledger accounts, AO did not have any material to substantiate that deposits aggregating ₹66,44,134/- were made in assessee’s bank account to contradict the same.

Ground not addressed by CIT(A) cannot be taken up by ITAT: Delhi HC

January 20, 2025 342 Views 0 comment Print

Delhi High Court held that ITAT cannot address the ground which remained unaddressed by CIT(A). Accordingly, matter restored back to CIT(A) to decide on the grounds that were not decided.

S.159 applies when reassessment notice was issued during lifetime of deceased assessee

January 18, 2025 918 Views 0 comment Print

In response to the said notice, the son/legal heir of the deceased assessee submitted a reply on 01 April 2023 wherein he unequivocally apprised the respondent of the demise of his father/assessee, furnishing alongwith a copy of the death certificate as conclusive evidence, and asserted that the notice was null and void ab initio.

Authorities cannot retain seized cash after expiry of period for framing assessment u/s. 153A

January 17, 2025 474 Views 0 comment Print

Delhi High Court held that income tax authorities cannot retain seized cash once time period for framing an assessment under section 153A of the Income Tax Act has expired and there is no outstanding demand. Accordingly, petition disposed of.

Recovery of encashment of bank guarantee cannot be made effective until expiry of appeal period: Delhi HC

January 17, 2025 96 Views 0 comment Print

The matter arises out of three “Advance Authorisation Licenses” which allow to import “Walnut Inshell of Chandler Variety” at nil rate of duty with the condition that the Petitioner would fulfil the export obligations.

Reassessment u/s. 148 based on palpably incorrect information not sustainable: Delhi HC

January 17, 2025 285 Views 0 comment Print

Delhi High Court held that initiation of reassessment under section 148 of the Income Tax Act unsustainable as based on information which is contested as palpably incorrect without examining the material giving rise to the said information.

10-Year Limit Applies Prospectively, Not Retroactively to Expired Six-Year Limit: Delhi HC

January 16, 2025 600 Views 0 comment Print

Delhi HC sets aside notice under Section 148 for AY 2017-18 in Sheetal International Pvt Ltd Vs CCIT, citing time-barred limits under Section 149 of the Income Tax Act.

Delhi HC directs CBDT to address anomalies in Vivad Se Vishwas Scheme 2024

January 16, 2025 6006 Views 1 comment Print

Delhi HC directs CBDT to address anomalies in the Vivad Se Vishwas Scheme 2024 raised by a petitioner regarding discriminatory appeal provisions. Details inside.

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