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Delhi High Court

Accommodation entries through shell companies – Bail granted on the basis of period of incarceration & delay in investigation

February 19, 2023 1077 Views 0 comment Print

Delhi High Court held that the applicant is established to be a mastermind of the whole operation only on the basis of statements under section 50 of the Prevention of Money Laundering Act 2002. Also period of incarceration and delay in investigation justifies a prima facie release of applicant on bail.

Delay in processing pending refund claim is causing unnecessary burden of interest on ex-chequer

February 18, 2023 1350 Views 0 comment Print

Delhi High Court noted that delays on the part of the respondent-department in processing the pending claims for refund result in unnecessary burden of interest on the ex-chequer. Accordingly, court directed the Commissioner, Department of Trade and Taxes to ensure that all pending refund claims are processed as expeditiously as possible.

Penalty order cannot be passed without serving SCN

February 18, 2023 1494 Views 0 comment Print

HC set aside penalty order passed by the Revenue Department on ground that order was passed in violation of principles of natural justice. Assessee was not afforded full opportunity to contest allegations against it. Set aside penalty order.

GST Registration cannot be cancelled when reply to SCN is not considered

February 18, 2023 867 Views 0 comment Print

HC set aside the order for cancellation of GST Registration of the assessee passed by the Revenue Department on the ground that the order is not sustainable as the reply to SCN furnished by assessee was not taken into consideration by Revenue Department, directed the Revenue Department to restore the GST Registration of the assessee.

Delhi Court dismisses Bail Plea of accused in Fake ITC case of Rs. 24 crores

February 18, 2023 1017 Views 0 comment Print

Accused admitted to have orchestrated the fake ITC fraud involving 05 fake firms, which have issued goods less invoices and passed on fraudulent input tax credit of GST amount to Rs.24 crores.

Unit eligible for exemption under notification 50/2003-CE continue to be eligible under Scheme of Budgetary Support

February 17, 2023 1161 Views 0 comment Print

Delhi High Court held that petitioner eligible for exemption from Central Excise Duty Notification No.50/2003-CE dated 10.06.2003 prior to 1st July 2017 is eligible for budgetary support under Scheme of Budgetary Support under Goods and Services Tax (GST) Regime

Despite Preliminary Exercise by Customs Officer CAAR can give its Ruling 

February 17, 2023 627 Views 0 comment Print

Directorate Of Revenue Intelligence (HQRS.) Vs M/s. Spraytec India Ltd. (Delhi High Court) The proviso to Sub-Section (2) of 28-I of the Customs Act prescribes the CAAR from allowing any application filed for advance ruling, where question raised in the application is pending in the applicant’s case before “any officer of customs, the Appellate Tribunal or […]

Corporate Social Responsibility expense is deductible u/s 37(1) of Income Tax Act

February 17, 2023 3645 Views 0 comment Print

Delhi High Court held that Corporate Social Responsibility [CSR] expenses incurred by assessee are allowable as deduction under section 37(1) of Income Tax Act.

C-forms cannot be cancelled retrospectively

February 17, 2023 1182 Views 0 comment Print

Louis Dreyfus Company India PVT. LTD. Vs Commissioner Trade And Tax Department & ORS. (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr.: W.P.(C) 1358/2016, decided on 06.2016 this court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions […]

Refund claims cannot be considered as dubious on the basis of erroneous findings

February 17, 2023 1227 Views 0 comment Print

Mahajan Fabrics Pvt Ltd Vs Commissioner CGST And Ors (Delhi High Court) The Hon’ble Delhi High Court in M/s. Mahajan Fabrics Pvt. Ltd. v. Commissioner, CGST and Ors. [W.P. (C) 6727/2022 dated February 6, 2023] has set aside the order passed by the Appellate Authority, disallowing the refund claimed by the assessee. Held that, the […]

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