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Delhi High Court

Reimbursable expense cannot be disallowed for Non-deduction of TDS

May 29, 2019 2454 Views 0 comment Print

Pr. CIT Vs DLF Commercial Projects Corporation (Delhi High Court) Neither the provisions of section 194C nor section 194J obliges the person making the payment to deduct anything from contractual payments such as those made for reimbursement of expenses, other than what is defined as “income”. The law thus obliges only amounts which fulfil the […]

Delhi HC stays recovery of interest demanded on gross GST liability

May 29, 2019 12999 Views 2 comments Print

Mr. Mittal points out that the calculation of the interest payable for delayed payment of GST as determined by the Respondent is erroneous. According to him, interest has been calculated even on the amount constituting the input tax credit which is in fact to be adjusted against the tax liability. He states that on the actual tax liability, interest has been paid by the Petitioner. He further states that against the total tax liability of Rs.3.31 crores the interest liability works out to 8.19 crores which makes it unreasonable and erroneous.

Reopening in absence of fresh tangible material to form an opinion is invalid

May 26, 2019 1794 Views 0 comment Print

Best Cybercity (India) Pvt. Ltd. Vs. ITO (Delhi High Court) In the present case all the material that was necessary for the AO to form an opinion regarding the transaction involving the Assessee and PACL was already available with the AO. There was no fresh tangible material on the basis of which the AO could […]

AO should apply his mind while deciding application for stay of demand

May 18, 2019 3111 Views 0 comment Print

Turner General Entertainment Networks India Pvt. Ltd. Vs ITO (Delhi High Court) This Court is of the opinion that the AO had to necessarily apply his/her mind to the application for stay of demand and pass appropriate orders having regard to the extant directions and circulars including the memorandum of 29.02.2016. This in turn meant […]

Delhi HC restrains I-T dept from taking action Gautam Khaitan

May 17, 2019 451 Views 0 comment Print

Government cannot exercise powers under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, prior to statute itself coming into force.

Allow filing of TRAN-1 online or accept it manually: Delhi HC

May 16, 2019 3387 Views 0 comment Print

Bhargava Motors Vs UOI (Delhi High Court) In the present case also the Court is satisfied that the Petitioner‟s difficulty in filling up a correct credit amount in the TRAN-1 form is a genuine one which should not preclude him from having his claim examined by the authorities in accordance with law. A direction is […]

ITC allowed despite non-payment by selling dealer: Delhi HC

May 14, 2019 24252 Views 0 comment Print

In the High Court of Delhi in case of ON QUEST MERCHANDISING INDIA PVT. LTD. Versus GOVT. OF NCT OF DELHI. Held Section 9(2)(g) of Delhi Vat Act, 2004 requiring that the ITC will be allowed subject to the payment of tax by the selling dealer. Held that it was violative of Article 14 of Constitution of India. Purchasing Dealer has paid the entire tax amount to the selling dealer

Sulekh Sanita Work books or Practice books exempt from GST

May 14, 2019 3516 Views 0 comment Print

Sonka Publication (India) Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) In this case, a question to be asked is whether the books in question merely help the child in improving the child‘s handwriting by providing space in a book by copying from a written text or does it pose questions to […]

Delhi HC bars appointment in GST Appellate Tribunal without its permission

May 14, 2019 1170 Views 0 comment Print

It is directed that the Respondents shall not, without prior intimation to this Court, proceed to appoint persons to the GST Appellate Tribunal till the next date.

Do not levy Penalty for GST system problem due to design limitation: HC

May 12, 2019 1635 Views 0 comment Print

Clix Capital Services (P.) Ltd. Vs Union of India (Delhi High Court) It is submitted by learned counsel for the petitioner that further to the previous directions, the Form GSTR-3B filed manually has since been processed and the notional demand in respect of Rs.16.80 crores has been reversed. It is submitted that in these circumstances, […]

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