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Delhi High Court

Section 147: Revenue to prove failure of Assessee in Full & True Disclose of All Material Facts

August 1, 2021 2667 Views 0 comment Print

PCIT Vs Superior Films Private Limited (Delhi High Court) When the assessee has filed a return u/s 139 of the Act or in response to sections 142(1) or 148 of the I.T.Act and when an assessment order u/s 143(3) or u /s 147 of the Act has already been passed then the assessee enjoys statutory […]

HC imposed cost on GST Department for non-appearance and non-filing of counter-affidavit

July 30, 2021 714 Views 0 comment Print

Delhi HC imposes cost on Audit-I & GST EAST for non-appearance. Anand and Anand vs Union of India. Latest legal updates by Anand Bhattacharya

HC accepts Plea against Denial of ITC to recipient for fault of supplier

July 26, 2021 3228 Views 0 comment Print

Federation of Indian Small Scale Battery Associations (Regd.) and Anr. Vs Union of India and ORS. (Delhi High Court) Here the main question to answer by the court is whether it can be permitted to deny ITC to recipient for the fault of supplier? Via this petition, challenge has been laid to the constitutional vires […]

Delhi HC directed to hold final order w.r.t. reopening of old assessments of pre-GST period

July 25, 2021 2388 Views 0 comment Print

The Hon’ble High Court, Delhi directed that proceedings pursuant to the SCN and Impugned summons shall continue but the final orders shall not be given effect to till disposal of the writ petition. Listed the case on August 9, 2020 for next hearing.

HC directs ITAT to upload daily order- sheets & revised cause list

July 23, 2021 1029 Views 0 comment Print

Delhi HC sets aside ITAT order due to non-publication of daily sheets causing prejudice. Directs ITAT to implement system for online updates within 3 months.

E-Assessment order in violation of principles of natural justice not maintainable: HC

July 23, 2021 3483 Views 0 comment Print

RMSI Private Ltd. Vs National E-Assessment Centre (Delhi High Court) It is mandatory for the National E-Assessment Centre to provide an opportunity to the assessee, by serving a notice calling upon him to show cause as to why the variation proposed in the Draft Assessment Order, which is prejudicial to the interest of the assessee, […]

HC set-aside Faceless assessment order passed without issuing draft assessment order

July 22, 2021 3105 Views 0 comment Print

Toplight Corporate Management (P.) Ltd. Vs National faceless assessment Centre Delhi (Delhi High Court) Learned counsel for the petitioner states that the impugned assessment order was passed without issuing mandatory draft assessment order along with show cause notice, as contemplated under Section 144B of the Act, resulting in denial of opportunity to the petitioner to […]

GST Search & Seizure by Inspector without authority of proper jurisdictional officer is unlawful

July 20, 2021 7371 Views 0 comment Print

R. J. Trading Co. Vs Commissioner of CGST, Delhi North & Ors. (Delhi High Court) Search and Seizure carried out by the Inspector of CGST without authority of a proper jurisdictional officer is unlawful – Delhi High Court In case of R J Trading Company vs. Commissioner of CGST, Delhi (W.P.(C).4847/2021 it is held that […]

CBI to enquire validity of alleged Email sent by Income Tax Dept

July 16, 2021 1188 Views 0 comment Print

CBI to enquire as to whether the email dated 31st May, 2021 had been issued to assessee or not, and if so, by whom. In the event it was found that the email dated 31st May, 2021 had been forged and fabricated by assessee it would initiate action under Sections 191/192/196 of the IPC. However, if it was found that the email dated 31st May, 2021 had been issued by the Income Tax of India’s e-filing portal, then it would not hesitate to take action against the Deponent

Extraordinary Writ Jurisdiction cannot be invoked in case of Fake ITC & Bills

July 16, 2021 4977 Views 0 comment Print

M/s. Ajanta Industries Vs Commissioner of Central Goods and Services Tax and Anr. (Delhi High Court) It is settled law that a petitioner who files a petition invoking the extra ordinary writ jurisdiction has to come to Court with clean hand. Further, a petitioner who seeks equity must do equity. In commercial/appellate jurisdiction, a Court […]

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