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Delhi High Court

Allegation of fake credit availment by supplier cannot be ground to reject refund application

March 25, 2023 2757 Views 0 comment Print

Delhi High Court held that rejection of refund application on allegation of fake credit availed by the supplier is unsustainable in absence of any establishment of non-supply of goods from the said supplier.

Customs Authority not bounded by DGCA while deciding compliance of condition 104 of Notification No. 21/2002-Cus.

March 25, 2023 513 Views 0 comment Print

Delhi High Court held that whether condition 104 of Notification No. 21/2002-Cus. dated 01.03.2002 is complied or not is required to be considered by the Customs Authorities and Customs Authorities are not bounded by the decision of DGCA.

Letter for withdrawal of export shipments rejected as not co-related with reasons provided

March 18, 2023 1479 Views 0 comment Print

Delhi High Court held that reasons provided for withdrawal of export shipments vis-à-vis letter requesting permission for withdrawal of shipments doesn’t co-relate. Further, letter for withdrawal of impugned shipments not produced before adjudicating authority. letter for withdrawal of impugned shipments rejected.

Revisional order under section 263 not satisfying twin conditions not sustainable

March 18, 2023 912 Views 0 comment Print

Delhi High Court held that for exercise jurisdiction under section 263 of the Income Tax Act, twin conditions i.e. order being erroneous and prejudicial to the interest of revenue needs to be satisfied. PCIT order not satisfying the same needs to be quashed.

Delhi HC allows GST Registration cancellation from actual date of ceasing of business operations

March 15, 2023 3609 Views 0 comment Print

The petitioner had made an application in the requisite form (Form GST REG-16) praying that his registration be cancelled with effect from 31.07.2021. The reason for seeking cancellation of the registration was disclosed as ‘Discontinuance of business/Closure of business’.

Delhi HC set aside Section 148A(d) order passed without considering reply of Assessee – directs de novo exercise

March 14, 2023 9966 Views 0 comment Print

Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified as Rs.24,10,705/- the amount in issue is only Rs.13,73,503/-. It is, thus, the petitioner’s case that Rs.10,37,202/- has been wrongly included. Mr Puneet Rai, learned senior standing counsel, who appears on behalf […]

Interest u/s 234E of Income Tax for TDS returns prior to 01.06.2015 is illegal

March 14, 2023 1413 Views 0 comment Print

Delhi High Court held that levy of interest under section 234E of the Income Tax Act is illegal for returns of TDS in respect of the period prior to 01.06.2015. Accordingly, directed to be deleted.

C-forms cannot be cancelled retrospectively: Delhi HC

March 14, 2023 2094 Views 0 comment Print

Zapsell Retail Vs Commissioner State Goods And Services Tax (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr. (W.P.(C) 1358 of 2016 decided on 06.2016) this Court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions involving the similar […]

GST provisional attachment under section 83 cannot be extended

March 14, 2023 2223 Views 0 comment Print

HC held that provisional attachment under section 83 of CGST Act 2017 cannot be extended & also there is no order extending the same.

ITC Blocking: SCN issued in mechanical manner is without authority of law

March 13, 2023 4941 Views 1 comment Print

The Hon’ble High Court was pleased to apply live link test i.e. the expression ‘reason to believe’, to denote reasons, which are based on tangible material and have a live link with the formation of the belief. Also, the Hon’ble High Court observed that blocking of electronic credit ledger is a drastic step, and therefore it was necessary for the concerned officer to have some material to form a belief that the conditions under Rule 86A of the Rules are satisfied.

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