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Delhi High Court

Typographical error duly proved based on revised return and CA’s certificate

April 11, 2023 1212 Views 0 comment Print

Delhi High Court held that revised return as well as chartered accountant’s certificate supports the typographical error. Accordingly, OHA directed to determine correct turnover and tax liability thereon.

Fresh refund claim under DVAT 21 not required when claim embedded in return

April 11, 2023 909 Views 0 comment Print

Delhi High Court held that there is no requirement to file a fresh claim under DVAT 21 as the claim of refund was embedded by the assessee in its return.

Denial of refund of accumulated ITC for non-submission of information regarding transfer of business is unacceptable

April 10, 2023 1356 Views 0 comment Print

Delhi High Court held that denial of refund of accumulated ITC on the ground that information regarding transfer of business and other returns to establish the transfer of stocks and capital goods not submitted is unacceptable.

Definition of ‘input service’ u/s. 2(l) of CCR doesn’t exclude re-insurance service

April 10, 2023 1122 Views 0 comment Print

Delhi High Court held that the re-insurance services were not excluded from the definition of ‘input service’ as defined under Section 2(l) of the CENVAT Credit Rules, 2004 with effect from 01.04.2011.

Withholding of Income Tax refund for issue of section 143(2) is unjustified

April 7, 2023 4503 Views 0 comment Print

Delhi High Court held that withholding of refund merely because notice has been issued under section 143(2) of the Income Tax Act is unjustifiable and bad in law.

Brushing aside SC judgement by observing that review petition is preferred by revenue is untenable

April 6, 2023 2118 Views 0 comment Print

Delhi High Court directed the concerned officer to revisit the application preferred under section 197 of the Income Tax Act as the concerned officer simply by-passed the Supreme Court judgement in Engineering Analysis by observing that revenue has preferred a review petition. Such approach of officer is untenable.

Fees earned from regulating market dealing with fish, poultry & eggs deductible u/s. 10(26AAB)

April 1, 2023 1152 Views 0 comment Print

Delhi High Court held that the fee earned by the respondent/ assesse (M/s. Fish Poultry and Egg Marketing Committee) from regulating agricultural produce (which includes fish, poultry, and eggs) falls within the scope of Section 10(26AAB) of the Income Tax Act, 1961.

HC directs CIT to consider Stay Application of OYO Hotels

March 29, 2023 792 Views 0 comment Print

Oyo Hotels And Homes Private Limited Vs DCIT/ACIT (Delhi High Court) The grievance of the petitioner, which is also obvious, is that the Commissioner of Income Tax (CIT) has not dealt with its application, preferred before him, in respect of the order dated 01.02.2023 passed by the Assessing Officer (AO) under Section 220(6) of the […]

Services provided by Ernst & Young India to overseas EY Entities is export of service

March 28, 2023 3702 Views 0 comment Print

Ernst And Young Limited Vs Additional Commissioner CGST (Delhi High Court) In the present case, the petitioner has provided professional services in terms of the service agreements to overseas entities (EY Entities). It had issued the invoices for the said services directly to EY Entities and had received the invoiced consideration from EY Entities, in […]

HC restrained Institute of Cost Accountants from using ‘ICAI’ acronym

March 28, 2023 16152 Views 0 comment Print

Delhi High Court restrained Institute Of Cost Accountants Of India from using ICAI acronym, a trademark which stands registered in favour of Institute of Chartered Accountants of India

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