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Electronic credit ledger cannot be blocked without providing an opportunity of personal hearing

January 23, 2023 966 Views 0 comment Print

HC quashed and set aside the orders blocking Electronic Credit Ledger (ECL) of assessee without providing an opportunity of personal hearing. 

India and UAE DTAA not contain any article concerning FTS

January 23, 2023 2328 Views 0 comment Print

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]

VAT on Hiring of Helicopters – Delhi HC to decide

January 23, 2023 927 Views 0 comment Print

Pawan Hans Limited Vs Commissioner of Trade & Taxes (Delhi High Court) The appellant states that it is in the business of chartering helicopters and has entered into agreements with various State Government and public sector entities for hiring of its helicopters. According to the VAT authorities, the agreements entail transfer of the right to […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 495 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

HC allows Govt servant to appear for All India Bar Examination

January 23, 2023 6204 Views 1 comment Print

Delhi High Court grants provisional enrolment to Sandeep, a Delhi Jal Board Senior Assistant, for AIBE-XVII, citing Supreme Court directions. Details of the hearing.

Risky exporter tag cannot be perpetually affixed to an exporter – Dept must adhere timeline to take action

January 21, 2023 879 Views 0 comment Print

Pending investigation, GST department exercised its powers to tag exporter as risky exporter to enable department to verify export consignments etc., strict timelines provided under Circular No. 131/1/2020-GST, dated 23-1-2020 are to be adhered

GST: Adjudicating order not sustainable if passed without granting opportunity of personal hearing

January 21, 2023 1131 Views 0 comment Print

HC held that Adjudicating order not sustainable where such order was passed without granting an opportunity of personal hearing despite request for grant of such opportunity by assessee.

Advance Ruling Application should not be admitted by ARA as investigation began before filing of an application

January 21, 2023 483 Views 0 comment Print

Andhra Pradesh High Court held that when investigation has already been commenced prior to filing of an application before Advance Ruling Authority (ARA), the authority should not admit the application and thereafter issue its ruling. Accordingly, the order is liable to be set aside.

Borrower cannot escape from prosecution & criminal liability for dishonour of cheque

January 21, 2023 3498 Views 0 comment Print

Respondent, by way of rebuttal evidence has failed to probablize its defence to disprove statutory presumption available in favour of Appellant. Such failure has proved charge leveled against Respondent for offence under Section 138 of NI Act.

Fictitious transaction requires full-fledged investigations – Writ not maintainable

January 20, 2023 3075 Views 0 comment Print

HC should not interfere in these types of cases where full-fledged investigations are required on alleged fictitious transaction/claim and all these are matters of evidence which cannot be appreciated by the writ court.

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