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Delhi High Court

COFEPOSA: HC sets aside detention order against Gold Smuggling accused

August 15, 2021 2649 Views 0 comment Print

Mohd. Nashruddin Vs Union of India (Delhi High Court) 1. The present petition under Article 226 of the Constitution of India, essentially in the nature of writ of habeas corpus, has been instituted on behalf of Mohammed Nashruddin Khan (hereinafter referred to as the ‘detenu’), praying for quashing of detention order bearing No. PD-12001/03/2020- COFEPOSA […]

Status of directorship of retired director who issued fraudulent cheque have to be tested at trial

August 15, 2021 2694 Views 0 comment Print

Maj. Surendra Kumar Hooda (retd.) Vs Kapil Gupta (Delhi High Court) Status of directorship of retired director who issued fraudulent cheque have to be tested at trial Hon’ble Delhi High Court held that, the correctness of the allegations against the Director who has already resigned on the date of presentation of postdated cheques issued by […]

Delhi HC stays Section 148 Proceedings in 42 cases

August 14, 2021 4827 Views 0 comment Print

SG Corporation Joint Venture Vs ITO & Ors. (Delhi High Court) 1. The respondents are restrained from continuing with the reassessment proceedings, in any manner, pursuant to the impugned notices. 2. No adjournment shall be granted on the next date of hearing. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT On 13th July, 2021, this […]

HC set aside Assessment for not following mandatory provisions of section 144B(1)(vxi)(b)

August 13, 2021 1089 Views 0 comment Print

Javin Construction Private Limited Vs National Faceless Assessment Centre & Ors (Delhi High Court) 1. Set asides an assessment framed without issuing SCN and draft assessment order, holding it against the principle of natural justice and mandatory provisions of section 144B(1)(vxi)(b) of the Income Tax Act, 1961. 2. Matter remanded back to the file of […]

Income Tax Refund cannot be adjusted in excess of 20% of Disputed Demand: Delhi HC

August 13, 2021 1494 Views 0 comment Print

In Eko India Financial Services (P) Limited vs Assistant Commissioner of Income Tax in W.P.(C) 5819/2021 dated August 03, 2021 the Hon’ble Delhi High Court directed the Revenue (Respondents) to refund the amount adjusted in excess of 20% of the disputed demand for the Assessment Year (AY). Fact: Eko India Financial Services (P) Limited (Petitioner) […]

HC set aside faceless assessment order as Draft Assessment order was not issued

August 13, 2021 882 Views 0 comment Print

Pardesi Developers Private Limited Vs National Faceless Assessment Centre (Delhi High Court) Assessment—Faceless assessment—Draft assessment order passed without issue of show-cause notice—In the present case no prior show-cause notice as well as draft assessment order had been issued, there is a violation of principles of natural justice as well as mandatory procedure prescribed under “Faceless […]

HC directs department to decide on GST refund applications of Medical Bureau

August 10, 2021 753 Views 0 comment Print

Medical Bureau Vs Commissioner of Central Goods And Service Tax Delhi North (Delhi High Court) Medical Bureau (Petitioner) filed a writ petition seeking directions to the Commissioner of Goods and Services Tax (Respondent) to refund to the former, an amount of Rs. 1,35,30,255/- lying as unutilized input tax credit during the period spanning October 2017 […]

Application to enforce shareholders right under board resolution is to be made before NCLT

August 10, 2021 3141 Views 0 comment Print

Jaiveer Singh Virk Vs Sir Sobha Singh & Sons Pvt. Ltd. (Delhi High Court) The next question is- what is the nature of Appellant’s right and whether such a right is enforceable under law? The Appellant asserts that he is a shareholder of Respondent No. 1, which is a corporate entity, incorporated in the year […]

Detention order passed without application of mind is liable to be vitiated

August 10, 2021 2340 Views 0 comment Print

Gopal Gupta Vs Union of India & Ors. (Delhi High Court) The petitioners herein have produced certified copies of the detention orders dated 17.05.2019 passed in the case of Union of India & Anr. vs. Dimple Happy Dhakad, reported as (2019) 20 SCC 609 (filed by the detenu’s wife) from the records available in the […]

HC quashed scrutiny assessment order passed hurriedly

August 9, 2021 1653 Views 0 comment Print

One Mobikwik Systems Private Limited Vs DCIT (Delhi High Court) HC quashed scrutiny assessment order passed hurriedly as Show  Cause Notice was issued on 11.06.2021 (Friday) & time given for reply was upto 14.06.21(Monday). Given the fact that, the time frame set out in the show cause notice dated 11.06.2021 was extremely narrow, and that […]

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