Delhi High Court directs directors penalised in GST evasion case to use appellate remedies, clarifies ‘any person’ liability under CGST Act.
Delhi High Court held that mere rejection of the Petitioner’s request for cross-examination cannot be treated as a sufficient ground to bypass the statutorily prescribed appellate remedy and invoke the writ jurisdiction of this Court. Accordingly, writ disposed of.
Delhi High Court held that reassessment order passed under section 148A(d) of the Income Tax Act beyond the scope of notice issued under section 148A(b) of the Income Tax Act is not sustainable and liable to be set aside.
The present case revolves around the Duty Drawback Scheme. This scheme has become the subject of misuse by some traders/ exporters who make fraudulent exports merely with a view of availing the benefits under the scheme.
The petitioner, essentially, impugns a notice dated 22.07.2022 issued under Section 148 of the Income Tax Act, 1961 inter alia, on the ground that it has been issued beyond the period of limitation as specified under Section 149(1)(a) of the Act.
Delhi High Court held that repeated placing and removing from the call book is not valid justification for non-adjudication of show cause notice for more than 10 years. Accordingly, order passed after 10 years is not sustainable and liable to be quashed.
Delhi High Court held that imposition of penalty justified since appellant holding IEC registration ought to have acted responsibly and ensured that the same was not misused by any third party. Thus, penalty imposed on the appellant justified since appellant was aware of IEC being misused.
Delhi High Court held that reasonable payment for services rendered to persons specified u/s. 13(3) of the Income Tax Act by the trust is justifiable and such payment wouldn’t fall within the exception of section 13(1)(c) of the Income Tax Act.
The petitioner is a practicing Chartered Accountant, residing in New Delhi. His name was included in a list of “Undesirable Contact Men” (UCM) which was allegedly circulated by the CBI and subsequently published in various newspaper clippings.
Delhi HC sets aside GST demand on Exide Industries citing breach of natural justice; directs fresh hearing with conditions on adjournments and timelines.
