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Delhi High Court

Termination of service not possible without employer-employee relationship: Delhi HC

January 1, 2025 492 Views 0 comment Print

Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to establish that respondent is an ‘industry’ and there existed employer employee relationship between them.

FIR quashed as accused is exonerated in departmental proceedings

January 1, 2025 933 Views 0 comment Print

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Dissimilar Firms were excluded from selected comparables while doing TP analysis u/s 92

January 1, 2025 786 Views 0 comment Print

The court held that the other three companies were also carrying out large-scale projects compared to assessee, making them unsuitable for comparison or setting industry standards.

Interest from borrowed funds which temporarily held in interest bearing deposit is capital cost: Delhi HC

December 31, 2024 2103 Views 0 comment Print

Delhi High Court held that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work-in-Progress.

An intangible property cannot constitute a Permanent Establishment: Delhi HC

December 31, 2024 1137 Views 0 comment Print

A person residing in USA desirous of transferring money to an individual or an entity in India, approaches a branch or an outlet of the assessee and transfers the money in USDs, together with the charges prescribed by the respondent-assessee.

SCN Upload Under Ambiguous Category on GST Portal not valid Service of Notice: Delhi HC

December 30, 2024 2550 Views 0 comment Print

Delhi High Court quashes GST order for Anant Wire Industries, citing non-compliance with SCN service requirements and remands case for reconsideration.

Petition for waiver of pre-deposit u/s. 35F allowed as demand qualifies test of rare and exceptional case

December 30, 2024 1071 Views 0 comment Print

Delhi High Court allowed the petition for waiver of mandatory pre-deposit under section 35F of the Central Excise Act, 1944 since demand qualifies the test of rare and exceptional case. Thus, writ allowed.

Prima Facie Charitable Activities Not Taxable Under CGST Act: Delhi HC

December 29, 2024 1710 Views 0 comment Print

Delhi High Court ruled charitable institution’s activities prima facie do not qualify as taxable supply or business under the CGST Act, 2017.

Arrest in GST fake ITC held illegal due to discrepancies in arrest procedure

December 28, 2024 1554 Views 0 comment Print

Delhi High Court held that arrest of petitioner involved in availment of input tax credit against fake invoice illegal and set aside the remand order since various discrepancies were noticed in arrest procedure followed by the department.

Supply of helicopters without transfer of right to use not exigible to tax u/s. 2(g)(vi) of CST

December 28, 2024 435 Views 0 comment Print

Delhi High Court held that supply of helicopters to Andaman and Nicobar Islands Administration without transfer of right to use not exigible to tax under section 2(g)(vi) of the Central Sales Tax Act, 1956 [CST Act].

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