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Delhi High Court

Amount payable under SVLDRS cannot be more than amount confirmed vide OIO

February 28, 2023 1179 Views 0 comment Print

Delhi High Court held that amount payable under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 ( SVLDRS ) cannot be more than the amount confirmed vide Order-In-Original.

Entertaining claims for period before obtaining approval of resolution plan is unjustified

February 27, 2023 1737 Views 0 comment Print

Delhi High Court held that as per law laid down by the Supreme Court in Ghanashyam Mishra, all dues including statutory dues shall stand extinguished and no proceedings in respect of dues for period prior to date on which approval to resolution plan is granted could be continued.

No provision under GST law to seek NOC from any authority to apply for revocation of cancellation of GST registration

February 26, 2023 2226 Views 0 comment Print

HC held that, the purpose of a SCN is to enable the noticee to meet the allegations, on the basis of which an adverse action is proposed. Further, the procedure adopted by the Revenue Department is flawed and the order for cancellation of GST Registration of the assessee was passed in violation of principles of natural justice.

Fraudulent GST Registration: HC directs GST Authorities to examine grievance of petitioner

February 25, 2023 1041 Views 0 comment Print

The petitioner claims that he apprehends that a demand of GST may be raised on him on account of fraudulent actions of the persons who have registered a firm in his name. He also claims that the said unknown persons have been filing returns without his knowledge. In the aforesaid context, the petitioner had also made a representation to the Delhi Police, which is pending action.

RTI: VCC, Charge sheets, suspension order etc. falls under purview of personal information

February 25, 2023 2613 Views 0 comment Print

HC ruled that VCC, Charge sheets, suspension order would fall under purview of personal information as defined in Section 8(1)(J) of RTI Act

Extended service tax demand gets applicable only when there is deliberate mis-statement/ suppression of facts

February 23, 2023 1212 Views 0 comment Print

Delhi High Court held that extended service tax demand invoking proviso to Section 73(1) of the Act would be applicable on account of mis-statement or suppression of facts only if the same was deliberate and for the purposes of evading payment of duty.

Notice for revocation of customs broker license issued beyond 90 days of offence report is unsustainable

February 21, 2023 975 Views 0 comment Print

Delhi High Court held that as per regulation 17(1) of Customs Brokers Licensing Regulations 2018, notice for revocation of license to the customs broker is to be issued within a period of 90 days from the receipt of offence report. Order unsustainable as notice issued beyond the period of 90 days,

Refund u/s 42(1) of DVAT Act cannot automatically be allowed for failure of OHA to pass an order

February 19, 2023 1446 Views 0 comment Print

Delhi High Court held that failure on the part of Objection Hearing Authority (OHA) to pass an order doesn’t automatically result in allowing refund u/s. 42(1) of the Delhi Value Added Tax Act, 2004.

Air transport services to public at large on payment of published tariff not includible in non-scheduled (passenger) services

February 19, 2023 2082 Views 0 comment Print

Delhi High Court held that non-scheduled (passenger services) as defined under clause (b) of explanation to Condition no. 104 of notification no. 21/2022-CUS as amended by notification no. 61/2007-CUS doesn-t include providing air transport services to public at large on payment of published tariff.

Unsustainable order of blacklisting wouldn’t operate for future application as an HGO

February 19, 2023 1755 Views 0 comment Print

Delhi High Court held that debarment of Haj Group Operator (HGO) was based on Income Tax Return which was later on rectified. Accordingly unsustainable order of blacklisting would not operate so as to render the petitioner disqualified in case it was to apply for enlistment as an HGO in the future years.

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