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Delhi High Court

Factors to consider for Payment of Rent during Lockdown

May 21, 2020 3492 Views 1 comment Print

Temporary non-use of premises due to the lockdown which was announced due to the COVID-19 outbreak cannot be construed as rendering the lease void under Section 108(B)(e) of the TPA. The tenant cannot also avoid payment of rent in view of Section 108(B)(l).

Determination of Rental Payouts In Lock Down

May 21, 2020 2004 Views 2 comments Print

Ramanand & Others Vs Dr. Girish Soni and Another (Delhi High Court) Amidst the outbreak of COVID-19, An application for suspension of rent has been moved to Delhi High Court. It is pleaded that tenants are entitled to wavier of the monthly payouts or at least some partial relief in terms of suspension, postponement or […]

Suit can’t be rejected outrightly u/s 4(3) of unamended Benami Act

May 20, 2020 2580 Views 0 comment Print

Suit ought not to have been rejected outright under Order VII Rule 11 CPC on the ground that the pleas taken by the appellants/plaintiffs were barred under Section 4(3) of the unamended Benami Act. It would therefore be imperative to weigh the evidence in the instant case for the court to conclusively decide as to whether the appellants/plaintiffs can succeed in their claim that the respondent No.1 was holding the suit premises in a fiduciary capacity, for the benefit of all the family members. 

Exporter liable to pay fine for violation of terms of DFCE Scheme

May 18, 2020 876 Views 0 comment Print

The issue under consideration is whether the imposition of cost of one lakh rupees on an exporter for the blatant violation of the Duty-Free Credit Entitlement Scheme (DFCE) is justified in law?

Section 263 limitation period – When issue was discussed only in Original Assessment Order

May 15, 2020 10749 Views 0 comment Print

As in the present case before us, issues subject to revision were pertaining to original assessment and not the reopened assessment; the limitation should also start from the original assessment. In this case as original assessment order u/s 143(3) of the act was passed on 16.01.2014, the revision thereof could have been taken up to 31.3.2016

HC allows bail to accused director since trial not possible due to lockdown

May 14, 2020 3237 Views 0 comment Print

Bail was allowable to accused director of fraud on the reason that he was not the signatory to the alleged False Statement in the balance sheet of the Company and there was no loss caused either to any financial institution or Central/State Government and moreover, the trial proceedings is not possible within the reasonable time because of lockdown due to COVID-19 outbreak in India.

Dept may allow withdrawal from attached pension a/c to pensioner due to Covid-19

May 13, 2020 2391 Views 0 comment Print

Lalita Aggarwal Vs PCIT (Delhi High Court) In view of the Covid-19 Pandemic, the Department shall act sympathetically in accordance with law and hence they will modify the attachment of the bank account of the pensioner, if any and to permit withdrawal of the amounts deposited as pension in the State Bank of India and […]

Arbitration agreement not become null & void if allegations of fraud have to be inquired into by court

May 12, 2020 4197 Views 0 comment Print

Spentex Industries Ltd. Vs Quinn Emanuel Urquhart & Sullivan LLP (Delhi High Court) In the given case, the plaintiff is seeking the main relief to pass a decree of declaration, declaring that the Letter of Engagement as well as arbitration clause being Article 16 of the Letter of Engagement is null and void, inoperative and […]

Delhi HC allows GSTR 3B rectification

May 6, 2020 3279 Views 0 comment Print

A landmark judgement pronounced in the Delhi High Court on 05th May 2020 in the case of  Bharti Airtel Ltd Vs. Union of India & Ors in Appeal W.P.(C) 6345/2018, CM APPL. 45505/2019. High Court allowed petitioner to rectify Form GSTR 3B for the period July 2017 to September 2017. Issue Covered: Rule 61(5), Form […]

Delhi HC allows Form GSTR-3B rectification- Dept. cannot take benefit of its own wrong

May 5, 2020 21984 Views 3 comments Print

Delhi High Court held that the failure of the Government to operationalise the statutory returns, GSTR 2, 2A and 3 prescribed under the CGST Act, cannot prejudice the assessee. The GSTR 3B which was merely a summary return as an alternative did not have the statutory features of the returns prescribed under the Act.

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