Delhi High Court held that merely because investigator [Enforcement Directorate] doesn t want to arrest the accused, it cannot be said that the accused is entitled to anticipatory bail. Accordingly, anticipatory bail application in cyber fraud dismissed.
Assessees were qualified as companies owning an industrial undertaking within the meaning of Section 72A. Accordingly, the carry forward and set-off of accumulated business losses and unabsorbed depreciation of the amalgamating transport corporations was allowable.
The Court allowed the assessee to seek revocation of GST cancellation and regularise returns after expressing willingness to clear dues. Bank accounts were ordered to be defreezed subject to statutory conditions.
The High Court held that claiming ITC in April for goods received then, though invoiced in March, does not amount to tax evasion. The dispute was held to require reconciliation, not penal action.
The Court quashed rejection of a GST rectification application after finding that reconciliation statements and portal records were ignored and no personal hearing was granted, and remanded the matter for fresh consideration.
The case addressed cancellation of GST registration due to non-filing of returns. The High Court allowed the taxpayer to seek revocation by filing pending returns and paying dues.
The High Court held that continued detention was unnecessary after joint interrogation. Bail was directed following a short extension for further investigation.
The court declined to keep the writ pending once the appellate forum became functional, directing the taxpayer to pursue the statutory appeal. It reaffirmed that disputes must move to GSTAT when an effective remedy is available.
The Court held that an assessment passed solely on GST portal notices without granting personal hearing was unsustainable and remanded the matter on payment of 25% of disputed tax.
The Court held that an assessee cannot be denied TDS credit or saddled with tax demand when tax has been deducted from salary but not deposited by the employer.
