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Delhi High Court

Notice u/s 274 needs to be issued before limitation period prescribed u/s. 275(1)(c)

November 4, 2023 1146 Views 0 comment Print

Delhi High Court held that the notice under Section 274 of the Income Tax Act should have been issued before the period of limitation as prescribed under section 275(1)(c) of the Income Tax Act.

Triggering of re-assessment proceedings on matter for which AO had already formed an opinion is untenable

November 4, 2023 501 Views 0 comment Print

Delhi High Court held that it is settled legal position that re-assessment proceedings under section 148 of the Income Tax Act cannot be triggered on the aspects which AO has already formed an opinion. Accordingly, notice issued u/s 148 set aside.

Do Provisions of IBC 2016 Override Income Tax Act 1961 in Case of Inconsistencies?

November 4, 2023 612 Views 0 comment Print

Explore the Delhi High Court’s view on whether the IBC 2016 Code supersedes Income Tax Act 1961 when inconsistencies arise. Detailed analysis and insights.

HC Denies Anticipatory Bail in ₹2.27 Crores Fraud via Bogus GST-Registered Firm

November 3, 2023 891 Views 0 comment Print

Mr Sujeet Singh Hussain, in whose name M/s Madhu Enterprises was registered, had stated that he was working as a security guard in the office of present applicants, who got his signatures for opening the bank account and fraudulently got the firm registered in his name as well as other employees.

Section 148 Reassessment Set Aside for Lack of Deficiency in Assessee’s Explanation

November 3, 2023 393 Views 0 comment Print

Delhi High Court held the reassessment proceedings under section 148 of the Income Tax Act as liable to be set aside as AO failed to demonstrate that explanation given by the assessee was deficient.

Compensation for 10-Year Business Inactivity Is Capital Receipt

November 3, 2023 894 Views 0 comment Print

Compensation received for non-carrying of business was capital in nature as the operation of non- compete agreement was for 10 years and for the period in which the non-compete agreement was to operate, assessee’s source of income had been clamped.

FERA Section 56 Proceedings Initiation Without SCN Unsustainable

November 2, 2023 606 Views 0 comment Print

Delhi High Court held that initiation of proceedings under section 56 of the Foreign Exchange Regulation Act, 1973 (FERA) without issuance of show cause notice or opportunity notice is against the principle of natural justice and hence untenable-in-law.

Delhi HC Suspends Tax Reassessment Pending AAR Decision

November 2, 2023 489 Views 0 comment Print

Delhi High Court’s decision in Bid Services Division (Mauritius) Ltd. Vs DCIT: Reassessment proceedings suspended pending AAR decision.

Delhi HC deletes addition for unsecured Loan which was duly substantiated

November 2, 2023 717 Views 0 comment Print

Delhi High Court’s decision in PCIT Vs Avdesh Mishra for AY 2016-17: Assessing Officer’s addition for an unsecured loan duly substantiated by the assessee was deleted.

Delhi HC: Exclusion of OTL Comparable – ITAT to Decide

November 2, 2023 384 Views 0 comment Print

The Delhi High Court directs the ITAT to reconsider the exclusion of Onward Technologies Limited (OTL) as a comparable in the transfer pricing study. Detailed analysis and conclusion.

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