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Delhi High Court

‘C’ Form, cannot be denied for technical or administrative reasons: HC

April 12, 2022 5442 Views 0 comment Print

Srivenkateshware Tradex Pvt. Ltd. Vs Commissioner, Delhi Value Added Tax (Delhi High Court) It is not a case where there is a default or concealment or adverse material is found by the Commissioner suggesting inaccurate particulars in the returns. It is the case where all the documents and particulars were furnished correctly except that the […]

Assessment order cannot be passed without considering direction of DRP on timely objection filed by Assessee against Draft Assessment order

April 12, 2022 4698 Views 0 comment Print

Fiberhome India Private Limited Vs National E-Assessment Centre (Delhi High Court) 1. This petition has been filed by the petitioner challenging the Final Assessment Order dated 30.06.2021 passed by the respondent under Section 143(3) read with Section(s) 144C(3) and 144B of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the Assessment […]

HC directs I-T department to pay interest on refund as per Section 244A

April 11, 2022 3630 Views 0 comment Print

Ingenico International India Pvt. Ltd. Vs JCIT (Delhi High Court) By way of the present petition, Petitioner is seeking a direction to the Respondents to issue interest of Rs.53,92,420/- for the Assessment Year 2018-19 (Rs. 51,11,299/- upto May, 2021 and Rs.2,81,121/- as additional amount). Learned counsel for the Petitioner states that this Court vide order […]

Delhi HC directs Income Tax Dept to decide on Refund claimed by American Express

April 10, 2022 612 Views 0 comment Print

Delhi High Court directs rectification of Amex India’s tax assessment, orders refund of Rs. 45.60 crore. Get insights into the ruling.

HC restrains use of mark ‘SattaDream11’ for Similarity with trademark Dream 11

April 10, 2022 771 Views 0 comment Print

Sporta Technologies Pvt. Ltd Vs Unfading OPC Private Limited (Delhi High Court) It is averred in the plaint that Plaintiffs are a hugely popular and well-known fantasy sports platform launched in 2012 and are the official fantasy sports partner of the International Council of Cricket (ICC), The Campeonato Nacional de Liga de Premiera Division (La […]

HC stays GST Adjudication Order passed by officer who conducted investigation/search/seizure

April 9, 2022 2493 Views 0 comment Print

Swastik Plastics Vs Commissioner of DGST (Delhi High Court) Delhi HIgh Court stay Adjudication Order passed in consequence of investigation/search/seizure and SCN issued under Section 74 of the GST Act for the reason that that the authority who had conducted the investigation/search/seizure cannot conduct the adjudication proceedings as there is likelihood of Bias. FULL TEXT […]

HC restrains Institute of Chartered Tax Advisers of India Ltd. against use of trademark ‘ADIT’ till Pendency of Suit

April 8, 2022 837 Views 0 comment Print

Trademark ‘ADIT’ which was first adopted by the Plaintiff, the Defendant who is also using the name ‘Institute of Chartered Tax Advisers of India Ltd.’, cannot be allowed to launch a course under a name which is identical to that of the Plaintiff.

Mere charging of fees to defray the administrative costs not makes a Trust non-charitable

April 7, 2022 789 Views 0 comment Print

CIT (Exemptions) Delhi Vs India Hiv Aids Alliance (Delhi High Court) Assessee is a company registered under Section 25 of the Companies Act. It gives 85% of the donation received by it to the Government of India for HIV Aids and only 15% of its total donation is given to other societies for awareness and […]

HC grants immunity as in Section 270A Penalty notice AO failed to specify the limb under which Penalty was levied

April 7, 2022 9618 Views 0 comment Print

Schneider Electric South East Asia (HQ) PTE Ltd Vs ACIT (Delhi High Court) Mere mention of ‘misreporting’ for denying immunity from penalty, manifestly arbitrary; Notice without ‘specific limb’, unreasonable Delhi High Court allows Schneider Electric’s writ petition, quashes order rejecting immunity under Section 270AA(4) and directs Revenue to grant immunity from penalty under Section 270A; […]

HC set-aside order rejecting GST refund without giving a personal hearing

April 6, 2022 2541 Views 0 comment Print

Richie Rich Exim Solutions Vs Commissioner of CGST Delhi South (Delhi High Court) In this case GST refund was rejected without giving a personal hearing as per proviso to rule 92(3) of CGST Rules, 2017 and in view of the same Delhi High Court set aside the order. A perusal of the audit history does […]

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