Tag: Delhi High Court
Assessees was not required to prove the “source of the source‟ of funds received as unsecured loans Prior to the amendment of Finance Act, 2022 In a recent judgment, Hon’ble Delhi High Court held that since the case related to prior to the amendment of Finance Act, 2022 …
Ongoing investigation qua absconding person, cannot be a ground to deny bail to person against whom the investigations have been completed and the Complaint filed in the Court. In a recent judgment, Delhi High Court has granted bail to the accused of GST evasion holding that ongoing investigation …
Onus to prove bad financial condition is on assessee in prosecution u/s 276B for delay in deposit of TDS In a recent judgment, the Delhi High Court has held that onus to prove bad financial condition is on the assessee in prosecution proceedings under section 276B for delay …
Money accumulated by fraud and deception not income from trade and business but is proceeds of crime – High Court In a recent judgment, Hon’ble Delhi High Court has held that money accumulated by fraud and deception can not be said to have been earned by trade and …
Addition u/s 68 deleted as time gap between cash withdrawal and cash deposit into bank account was similar to the preceding year, establishing it was a normal feature of the assessee’s business. In a recent judgment, Hon’ble Delhi High Court upheld deletion of addition u/s 68 towards cash …
No burden of proof on assessee to rebut the alleged Swiss Bank Account for mere presence of name in document obtained from a foreign govt. under DTAA. In a recent judgment, Delhi High Court held that mere presence of name in unauthenticated document obtained indirectly through a Foreign …
Service tax on short term hotel accommodation less than 3 months u/s 65 (105)(zzzzw) is unconstitutional – Delhi High Court ABCAUS Case Law Citation: 987 2016 (08) HC Date/Month of Judgment/Order: August 2016 Important Case Laws relied upon: K. Damodarasamy Naidu v. State of Tamil Nadu (2000) 1 …
Service tax Department can not audit under rule 5A(2)-Delhi High Court quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to Finance Act. Case Law Details: W.P.(C) 5192/2015 & CM No. 9417/2015 Mega Cabs Pvt. Ltd (Petitioner) vs. UOI and Ors (Respondents) Date of Judgment: 03/06/2016 …
Striking off name of company us 560-ROC order set aside Delhi High Court restored the name of the company by setting aside the order of ROC striking off the name of the company u/s 560 of the Companies Act, 1956 holding that the object of section 560(6) of the …
Fresh tangible material not required to reopen an assessment where the initially the return of income is processed u/s 143(1) and an intimation is sent to the assessee, the reopening of such assessment requires the AO to form reasons to believe that income has escaped assessment, but such reasons do …