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Delhi High Court

Section 154 rectification application should be disposed off within statutory limitation

February 28, 2022 2394 Views 0 comment Print

Nortel Networks India International INC. Vs Assistant Director of Income Tax CPC (Delhi High Court) 1. By way of the present writ petition, Petitioner seeks directions to the Respondent No. 2 to dispose of within four weeks, Petitioner’s Rectification Application dated 14th May, 2020 granting the consequential TDS credit of Rs.5,51,15,908 due to the petitioner […]

AO must strictly follow time limit of 6 months to decide on Section 154 rectification application

February 28, 2022 2523 Views 0 comment Print

Nokia India Private Limited Vs ACIT (Delhi High Court) Court finds that CBDT instruction No. 2/2013 [F. No. 225/76/2013/ITA.II] dated 5th July, 2013 and Letter [F. No.225/148/2015-ITA-II], dated 5th July, 2015 stipulates that the Assessing Officers must strictly follow the time limit of six months provided under Section 154(8) of the Act in disposing of […]

TDS credit not given despite appearing in Form 26AS- HC directs DCIT to dispose rectification application

February 28, 2022 3081 Views 0 comment Print

Cheil India Private Limited Vs DCIT (Delhi High Court) Learned Counsel for the Petitioner states that while filing the return of income, the Petitioner had claimed credit of TDS amounting to INR 32,14,36,286/-, whereas while processing the return, the CPC granted credit of only INR 1,83,37,658/-. He points out that the TDS was duly supported […]

HC upheld suspension of FCRA registration of Commonwealth Human Rights Initiative

February 21, 2022 1437 Views 0 comment Print

Commonwealth Human Rights Initiative Vs Union of India (Delhi High Court) Delhi High Court upheld the decision of Centre to suspend FCRA registration of  Commonwealth Human Rights Initiative for alleged violations of the Foreign Contribution (Regulation) Act, 2010 (FCRA, 2010). Impugned order records the following violations of the FCRA, 2010: i. The activities / projects […]

Banks cannot stop payment under Bank Gaurantees/ LCs for Dispute between Buyer/Seller

February 20, 2022 1707 Views 0 comment Print

Satish Kansal Vs Synergy Tradeco NV (Delhi High Court) Merely because there is a dispute between the buyer and the seller with regard to the contract of supply of goods, that cannot be ground for interfering with the LC. Therefore, the courts have recognized only two exceptions to the aforesaid principle where courts would pass […]

Recourse to Section 14 of A&C Act not available in respect of any challenge to arbitrator under Section 12(1)

February 18, 2022 4533 Views 0 comment Print

UOI Vs Aps Structures Pvt. Ltd (Delhi High Court) It is well settled that recourse to Section 14 of the A&C Act is not available in respect of any challenge to the arbitrator under Section 12(1) of the A&C Act. Such a recourse is permissible only in the event the arbitrator is ineligible by virtue […]

Interest on blocked ECL for more than one Year- HC issues notice to GST commissioner

February 12, 2022 882 Views 0 comment Print

Petitioner would like to press for grant of interest as ITC under Rule 86A of the Central Goods and Services Tax Rules, 2017 could have been blocked only for a period of one year. He emphasises that in the present case the blocking has been done for two years.

Withholding Tax Rate on payment by Google Cloud to Google Asia- HC Grants interim Relief

February 11, 2022 2313 Views 0 comment Print

Google Asia Pacific Pte Ltd Vs CIT (Delhi High Court) Learned counsel for the Petitioner has pointed out that withholding the rate of 10% as prescribed under the DTAA is inclusive of the applicable surcharge and cess and therefore no additional surcharge or cess is required to be imposed. This position, he submits is settled […]

Penalty cannot be imposed for mentioning wrong period in VAT challan

February 10, 2022 1308 Views 0 comment Print

Imposition of penalty is called for where the assessee fails to furnish returns by the due date, which is not the position in the present case. Admittedly, Petitioner has deposited the requisite tax for the relevant quarter of the assessment period but has inadvertently mentioned the wrong period in the challan and therefore, cannot be, in our view, saddled with the liability of penalty.

GST registration cannot be suspended for more than 2 months on the basis of SCN lacking any reason or fact

February 9, 2022 2430 Views 0 comment Print

HC quashed ’SCN’ issued by Revenue Department suspending GST registration of the assessee and directed to reissue a fresh SCN with all the relevant facts and reasons within a week’s time regarding. Further, directed the Revenue Department to restore the assessee’s GST registration and issue a practice direction so that in future, if any SCN for cancellation of GST registration is issued, the same is not bereft of any material particulars or reasons.

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