Delhi High Court held that reference by Council of ICAI for suspension of name of CA from register of Member for period of one year is accepted since professional misconduct of CA i.e. manipulation of public issue and ante-dated stock-investment duly established.
The Court held that Section 197 applications cannot be rejected mechanically to “protect revenue.” Mandatory factors under Rule 28AA, including past assessments and liabilities, must be examined before directing withholding.
Delhi High Court held that discrepancy in counting of notes and in some serial numbers cannot be reason for acquittal since prosecution has proved its case of recovery of counterfeit notes beyond reasonable doubt. Accordingly, offence u/s. 489(C) of IPC stands proved.
The Court held that once copies of DRT proceedings are supplied as un-relied documents, the accused cannot compel the investigating agency to produce original tribunal records.
The Court granted interim relief against a large GST demand on minimum balance non-maintenance charges. While adjudication may proceed, enforcement of any final order has been stayed.
The Court is examining whether show cause notices issued years after exports are barred by delay and laches. The key issue is whether such belated proceedings are legally sustainable.
The Court examined whether denial of R&D approval for earlier years was justified despite later recognition. It directed authorities to reconsider applications afresh, stressing that prior years cannot be ignored without proper reasoning.
Services rendered without consideration were taxed as deemed supplies but denied export benefits. The Court flagged the statutory conflict and directed CBIC to clarify.
The court held that recovery during a valid stay was impermissible after 20% payment. Amount recovered despite stay was ordered to be refunded with interest.
The Court held that an assurance of payment given during routine business dealings does not amount to cheating without proof of dishonest intent at inception. Since the dispute was purely commercial and partial payments were made, criminal charges were quashed.
