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Delhi High Court

IGST refund stuck due to clerical errors in GST Return- HC issues Notice

May 27, 2021 2664 Views 0 comment Print

Syschem India Limited Vs Union of India & Ors (Delhi High Court) 1. Hon’ble Delhi High Court issued notice in a writ petition seeking direction to revenue for processing of IGST refund on account of export of goods alongside seeking direction to revenue for payment of due interest from the date of shipping bill. 2. […]

E-pass not required for movement of lawyers in NCT of Delhi: HC

May 25, 2021 1575 Views 0 comment Print

Dharmendra Kumar Vs State of NCT of Delhi (Delhi High Court) A single judge bench of the Delhi High Court today directed that no authority shall stop any advocate in the NCT of Delhi   from movement during the curfew period without an e-pass, ‘if he/she produces a valid identity card’ proving that he/she is […]

Offence under FEMA – Distinction between two stages of adjudication process

May 25, 2021 6879 Views 0 comment Print

J P Morgan India Private Limited Vs Special Director, Directorate of Enforcement and Anr. (Delhi High Court) Brief: Offence under FEMA – Distinction between the two stages of the adjudication process – eligible reasons by the respondent no. 1 for the formation of opinion to proceed with the inquiry against the petitioner. Our Comments: The […]

Delhi HC Quashes IGST Notification on Oxygen Concentrators

May 22, 2021 8148 Views 0 comment Print

Gurcharan Singh Vs Ministry of Finance (Delhi High Court) 1. Persons who are similarly circumstanced as the petitioner, i.e., those who obtain imported oxygen concentrators as gifts, for personal use, cannot also be equated with those who import oxygen concentrators for commercial use. Therefore, notification bearing no. 30/2021-Customs, dated 01.05.2021, will also have to be […]

Plea seeking Revision in SOP for filing Appeal with NCLAT

May 20, 2021 558 Views 0 comment Print

Nitya Sharma Vs NCLAT (Delhi High Court) The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal (NCLAT Principal Bench at Delhi) to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave. Also […]

HC Sets Aside Faceless Assessment Order for not providing sufficient time to respond

May 20, 2021 2985 Views 0 comment Print

Blue Square Infrastructure LLP Vs National Faceless Assessment Centre (Delhi High Court) 1. An undue haste by respondent no. 1 in passing the impugned assessment order, as he did not even wait for the completion of the timeframe given in the show cause notice-cum-draft assessment order, dated 20.04.2021, to file a response. 2. The best […]

Assessment Order passed on Non-Existing Company is void ab initio

May 18, 2021 3093 Views 0 comment Print

PCIT Vs Sony Mobile Communications India Pvt. Ltd. (Delhi High Court) 1. The Assessment Order was made in the name of the assessee in which return of income was filed but the Assessee had already been amalgamated in another company and so the order was passed in the name of a non existent company. 2. […]

Delhi HC quashes provisional attachment order of bank a/c of Director on fake ITC allegations on its company

May 12, 2021 1527 Views 0 comment Print

Roshni Sana Jaiswal Vs Commissioner of Central Taxes (Delhi High Court) The petitioner was acting as a director on the Board of Directors of a company, between 2006 and 2008 and the department initiated investigation against that that company alleging that the company was availing Input Tax Credit against fake/ineligible invoices. The petitioner was also […]

Reassessment invalid if section 143(2) notice was issued on very same day of filing ITR

May 12, 2021 2823 Views 0 comment Print

When the notice u/s 143(2) was issued to assesseee on the very same day on which assessee filed the return in response to notice u/s 148 stating that the return already filed may be treated as return in response to notice u/s 148, such notice issued u/s 143(2) on the very same day had to be treated as invalid and assessment was vitiated due to non-application of mind by the AO.

HC sets aside Faceless Assessment Order passed without considering objection to SCN

May 10, 2021 4743 Views 0 comment Print

In the case of the KBB Nuts Private Limited V/s National Faceless Assessment Centre Delhi (NFAC) assessment proceedings and directed the revenue to grant a personal hearing to the authorised representative of the petitioner, before proceeding to pass a fresh assessment order.

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