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Delhi High Court

HC explains validity of invocation of section 153A based on statement recorded in search action against a third person

February 12, 2021 3447 Views 0 comment Print

Section 153A Invalid Where Statement Belonging And Pertaining To Person Other Than Searched Person Used To Assume Jurisdiction and Only Section 153C Can Be Invoked And Without Cross Examination Of Witness There Can Be No Valid Proceedings Under Law.   

Order of transfer passed without mala fide reason after giving proper Opportunity was valid

February 11, 2021 825 Views 0 comment Print

Dev Wines Sales Corporation Vs PCIT (Delhi High Court) An order of transfer is more in the nature of an administrative exercise of power and the scope of interference wherein in any case is limited and unless the administrative power is shown to have been exercised without authority under the law and/or for mala fide […]

HC Grant stay to ‘Tata Starbucks’ subject to payment of principal profiteered amount

February 11, 2021 909 Views 0 comment Print

Tata Starbucks Private Limited Vs Union of India (Delhi High Court) Subject to the petitioner depositing the entire principal profiteered amount i.e. Rs. 1,04,70,664/- as levied excluding the GST amount already deposited, within four months, in equal monthly instalments, there shall be a stay, as far as the direction for payment is concerned. FULL TEXT […]

Bail granted in case of alleged availment of fraudulently ITC

February 11, 2021 1119 Views 0 comment Print

Lupita Saluja Vs DGGI (Delhi High Court) It is not in dispute that on the day the impugned order has been passed, the said Judge granted regular bail to the husband of the applicant after spending nearly 50 days in custody who is the person involved in day-to-day affairs of the company, however, dismissed the […]

HC grants Bail to person allegedly Importing Contraband Goods

February 11, 2021 1785 Views 0 comment Print

Ahmed Hassan Muhammed Vs Customs (High Court Of Delhi) The fact of the present case is that prosecution has mixed all the packets and thereafter, sent to FSL for examination, which is contrary to the procedure prescribed under the law. This Court is informed that the petitioner is a Somalian National resident and his Refugee […]

Delhi HC stays notices for conducting Service Tax audit

February 9, 2021 2367 Views 0 comment Print

T.R. Sawhney Motors Pvt.Ltd. Vs Union of India (Delhi High Court) T. R. Sawhney Motors Private Limited v. UOI, WP(C) 2138/2019 & CM Appl. No. 10002/2019 (Stay) wherein the Court has relied the judgment of M/s. OWS Warehouse Services LLP vs. Union of India 2018 (19) GSTL 27 (Guj) and stayed the notices issued by […]

Reconsider decision of exclusion of Ice Cream from Composition Scheme: HC directs GST Council

February 9, 2021 1284 Views 0 comment Print

Del Small Ice Cream Manufacturers Welfare’s Association (Reg.) Vs Union Of India & Anr (High Court Of Delhi) Hon’ble High Court direct the GST Council to reconsider the exclusion of small scale manufactures of ice cream from the benefit of Section 10(1) of the Act, including on the aforesaid two parameters i.e. the components used […]

HC stays attachment of Properties by ED after approval of resolution plan by NCLT

February 8, 2021 2301 Views 0 comment Print

Union Bank Of India E Andhra Bank Vs Union Of India & Ors. (Delhi High Court) Considering the fact that the resolution plan has already been approved in this matter, and that the ED’s order of provisional attachment of the properties of Respondent No. 4 has been passed after the approval of the resolution plan […]

Absence of field for Lawyers for Registration as Professionals on MCA website is Discriminatory: HC

February 8, 2021 7761 Views 1 comment Print

Shikha Sharma Bagga Vs Union of  India and Anr (Delhi high court) High Court in a Interim order Observed that A perusal of Section 7(1) (b) of the Companies Act, 2013, clearly shows that Advocates can file documents for incorporation of a Company. This would be true even in the case of LLPs. The MCA’s […]

SVLDRS-I cannot be rejected for technical infraction on GST Portal

February 5, 2021 705 Views 0 comment Print

B-Earth And Spire India Pvt. Ltd Vs Central Board of Indirect Tax And Customs & Ors. (Delhi High Court) Mr. Harpreet Singh, on instructions from Deputy Commissioner (Legal), CGST (South), submits that at the time of submission of the Form SVLDRS-I, the returns of the Petitioner were not visible on the GST portal. However, he […]

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