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Delhi High Court

Import/Release of Goods without Ownership Transfer Not Permissible

January 14, 2023 1029 Views 0 comment Print

Delhi High Court ruled that the import or release of goods in favor of a petitioner without the transfer of ownership is not allowed under Section 2(26) of the Customs Act, 1962. The petitioner is liable to pay 50% of the detention/demurrage charges.

Conciliation Officer is not an Industrial Tribunal or a Labour Court under Industrial Disputes Act

January 9, 2023 3597 Views 0 comment Print

The Hon’ble High Court observed that Conciliation Officer is not an Industrial Tribunal or a Labour Court and does not exercise judicial/quasi-judicial functions and/or does not adjudicate the claims of /disputes between the parties.

Delhi HC quashes Notice and Order issued on wrong PAN

January 8, 2023 3081 Views 0 comment Print

A perusal of the instruction would show that PAN – AAACK4O32H concerns an entity going by the name K.G. Finvest Pvt. Ltd. This PAN does not concern M/s Kanhaiya Impex Pvt. Ltd. The petitioner’s stand that it had not entered into any transaction with M/s Kanhaiya Impex Pvt. Ltd. is correct. Given this position, in our view, both the notice which is issued under Section 148 A (b) of the Act and the order that was passed under Section 148 A (d) of the Act suffer from obvious errors.

No bar against legal proceedings continuing concurrently with IBC liquidation proceedings 

January 8, 2023 20817 Views 0 comment Print

HC held that There is no absolute bar against a lawsuit or legal proceedings continuing concurrently with liquidation proceedings under Section 33(5) of IBC (Liquidation Moratorium), unlike Section 14 of IBC (CIRP Moratorium).

Compensation from Goa Government for cancellation of plot is capital receipt

January 7, 2023 855 Views 0 comment Print

Delhi High Court held that compensation received from Government of Goa on cancellation of plot is capital receipt and hence not taxable.

Notice to be served to assessee before carrying out physical inspection of business premises

January 6, 2023 1413 Views 0 comment Print

HC held that notice is needed to be served to assessee under Rule 25 of Central Goods and Services Tax Rules, 2017 (CGST Rules) before physical inspection is carried out.

HC directs investigating officer to issue advance notice of 72 hours to effect arrest after investigation

January 4, 2023 1866 Views 0 comment Print

HC directed the investigating officer to issue advance notice of 72 hours to the assessee to effect the arrest if necessary, after investigation in a case. Further directed the assessee to co-operate in the matter and produce the materials as sought.

Non-deduction of TDS on Sale of Share to Airtel by Vodafone- HC directs AO to determine whether it is a fit case for Reassessment

January 3, 2023 969 Views 0 comment Print

Vodafone Mauritius Limited Vs ACIT (Delhi High Court) Ms Fereshte D. Sethna, who appears on behalf of the petitioner, says that the principal allegation against the petitioner is that the petitioner, which is a foreign company incorporated under the laws of Mauritius, had sold shares worth Rs.1295 crores, of an Indian company going by the […]

Benefit of concessional rate of customs duty for importing equipment for its solar power project – HC grants interim relief

January 3, 2023 879 Views 0 comment Print

A perusal of the communication dated 21.11.2022 would show that the benefit of the concessional rate of customs duty available to the petitioner for importing equipment for the purpose of its solar power project, has been denied on account of a purported retrospective amendment to the Project Import Regulations, 1986

Order cancelling GST registration set aside as passed without application of mind

January 3, 2023 1230 Views 0 comment Print

Delhi High Court held that order cancelling GST registration passed without application of mind by simply doing cut and paste job is liable to be set aside.

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