Delhi High Court

HC dismisses PIL to include Advocates in Definition of ‘Professionals’ under MSMED Act

Abhijit Mishra Vs Union of India & Ors (Delhi High Court)

Whether the public interest litigation (PIL) challenging non-inclusion of advocates in the definition of the word 'professionals' under the MSMED Act, 2006 will be entertained by High Court?...

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HC cannot be approached without exhausting the remedy of appeal if order is Appealable

Saraf Industries Vs Assistant Commissioner (Delhi High Court)

Opening page of the impugned order itself makes it abundantly clear that the said order is appealable before the Additional Commissioner, GST and instead of exhausting the remedy of appeal available to the petitioner, it has directly rushed to this court, which is impermissible....

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Appeal preferred on merits cannot be rejected merely due to delay: HC

Sachin Enterprise Vs Assistant Commissioner (Delhi High Court)

Sachin Enterprise Vs Assistant Commissioner (Delhi High Court) Keeping in view the aforesaid order dated 20th July, 2020 passed by a Coordinate Division Bench, we are not inclined to entertain the present petition when the petitioner has an equally alternate efficacious remedy of preferring an appeal before the Additional Commissioner, GS...

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HC declines to Grant stay on Recovery of Profiteered Amount

Apex Meadows Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court)

Apex Meadows Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) The counsel for the petitioner states that out of Rs.3,45,22,974/-, benefit of an amount of Rs.1.53 crores has already been given to the flat buyers and now only the balance amount of Rs. 1.92 crores approx. remains. He states that in several […]...

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GST: No coercive steps for recovery without following adjudication process: HC

Rishi Bansal Vs Union of India (Delhi High Court)

Rishi Bansal Vs Union of India (Delhi High Court) FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. Present writ petition has been filed challenging the letter dated […]...

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Transitional Credit Issue- HC decides to wait for SC judgment in Brand Equity case

U.C. Infosystems Pvt. Ltd. Vs Union of India (Delhi High Court)

U.C. Infosystems Pvt. Ltd. Vs Union of India (Delhi High Court) Learned counsel for the petitioner states that the petitioner tried to file TRAN -1 form within the time provided under Rule 117 as well as the extended time given by this Court vide judgment dated 05th May, 2020 in Brand Equity Treaties Ltd. Vs. […]...

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Deficiency in GST refund application cannot be raised at belated stage

Jain International Vs Commissioner of Delhi Goods (Delhi High Court)

Jain International Vs Commissioner of Delhi Goods (Delhi High Court) Admittedly, till date the petitioner‟s refund application dated 4th November, 2019 has not been processed. As neither any acknowledgment in FORM GST RFD-02 has been issued nor any deficiency memo has been issued in RFD-03 within time line of fifteen days, the refund ap...

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Delhi HC grant Refund along with Interest in case of Zero Rated Supply after 15 days

Jian International Vs Commissioner of Delhi Goods And Services Tax (Delhi High Court)

The issue under consideration is whether the non issuance of refund after 7 days from the date of acknowledgment in case of zero rated supply u/s 90 is justified in law?...

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HC allows Samsonite to pay profiteered amount in 6 monthly instalments

M/s. Samsonite South Asia Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court)

In this case although learned counsel for respondent-Authority objects to the grant of instalments to the petitioner Samsonite South Asia Pvt. Ltd. , yet this Court keeping in view the COVID-19 pandemic situation, directs the petitioner to deposit the principal profiteered amount i.e. Rs.21,81,20,748/-  in six equated monthly instalments...

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HC allows Patanjali to deposit profiteered amount in 6 installments

Patanjali Ayurved Ltd Vs Union Of India & Ors. (Delhi High Court)

Due to COVID-19 pandemic high court approves that Patanjali can deposits the amount of penalty in question in the consumer welfare fund in six monthly installments....

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