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Delhi High Court

HC dismisses Assessment Order passed by AO to defeat VAT Refund

June 11, 2019 6432 Views 3 comments Print

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court) HC held that it appears to us that in the present case the default assessment order has been generated only to defeat the refund claim of the petitioner, which, in any event, ought to have been paid well before the impugned orders […]

Enable filing of rectified TRAN-1 electronically or accept it manually: HC

June 11, 2019 786 Views 0 comment Print

Arora & Co. Vs Union of India & Ors. (Delhi High Court) Senior Standing counsel for GST submits that petitioner was given an opportunity to submit evidence to demonstrate technical glitch for re-considering his request, however, he failed to do so and thus his representation was rejected. He submits that as per GST system logs, […]

ITAT Member Selection Board can evolve its own procedure

June 10, 2019 3993 Views 0 comment Print

Puneet Sharma Vs Union of India & Ors. (Delhi High Court) 649 applications were received by Department of Legal Affairs’ circular dated 06th July, 2018 for 37 members (Judicial/Accountant) in ITAT. Considering the huge number of applications received for the above-mentioned posts, the interim Search-cum-Selection Committee deemed it fit to conjointly read Section 252 of the […]

Section 14A Disallowance also on Strategic investments

June 9, 2019 4083 Views 0 comment Print

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court) High Court held that strategic investments have to be considered for disallowance under Section 14A but assessee is entitled to contend that the investments are legacy Investments or one-time investment and that there is in fact no expenditure incurred to earn the tax-free income. FULL […]

Anti-profiteering -Delhi HC stays NAA order

June 8, 2019 3429 Views 0 comment Print

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court) Delhi High Court has stayed the order passed by the National Anti-profiteering Authority wherein NAA had rejected the plea that CGST Section 171 was not applicable to reduction in rate of tax as compared with pre-GST indirect tax regime, and […]

Delhi HC directs GST Council to consider Petition of Wind Turbine

June 8, 2019 2553 Views 0 comment Print

The Court is of the view that the present petition also be placed for consideration before the GST Council. If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association.

Non-compliance with Section 50 of the NDPS Act, 1985

June 6, 2019 10125 Views 0 comment Print

The Hon­­’ble High Court of Delhi vide Judgment dated 6th June, 2019 passed in Crl. A. No.660/2017 titled Sikodh Mahto vs. State and in  Crl No.698/2017 titled Prabhu  Mahto vs. State while quashing the order passed by Ld. Additional Sessions Judge, acquitted the appellants in case involving alleged seizure  of contraband (Charas weighing 2 Kg. each  from said appellants).

Penalty u/s 271AAA without addition to returned income unjustified

June 5, 2019 1395 Views 0 comment Print

Penalty under section 271AAA could not be imposed on assessee on the ground that assessee failed to substantiate the manner in which undisclosed income was derived in case assessee had included the same in his return of income and accepted by AO without making any addition to the returned income.

Delhi HC questions delay in issue of GST refund & validity of Refund Approval Committee

June 4, 2019 1128 Views 0 comment Print

Mr Satyakam informs the Court that Mr Rajesh Prasad has undertaken a complete review of the procedure and in view of what has transpired in the Court, he undertakes to disband the RAC. He proposes to issue appropriate notification to authorize a proper officer in respect of the refunds above the certain value strictly in accordance with the provisions of the Delhi GST Act. He undertakes to place before the Court on the next date, by way of an affidavit, the steps taken by him in this regard.

ITC (GST) denial for default of supplier- Delhi HC issued notice to UOI

June 1, 2019 51348 Views 1 comment Print

Input Tax credit (GST) Can not be denied to recipient for default on part of the supplier- Delhi High Court issued notice to UNION OF INDIA. Delhi HC issues notice in writ petition challenging Section 16(2)(c), second proviso to Section 16(2)(d) and proviso to Section 16(4) of Central Goods and Service Tax Act, 2017 (CGST Act);

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