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Delhi High Court

HC dismisses appeal for inclusion of Statutory Income Tax dues in already approved Resolution Plan 

November 30, 2023 738 Views 0 comment Print

Delhi HC dismisses AY 2008-09 appeal; Resolution Plan lacks provision for statutory dues. Explore the court’s decision on the maintainability of the appeal.

Recovery proceedings against deductee unjustified even if deductor failed to deposit tax & is undergoing CIRP

November 29, 2023 1098 Views 0 comment Print

Delhi High Court held that initiation of recovery proceedings against deductee as deductor failed to deposit tax with Government and deductor is undergoing CIRP is unjustified and unsustainable in law.

Section 12A, 12AA & 12AB registration cancellation: HC dismisses writ as appellant suppressed material facts

November 29, 2023 5796 Views 0 comment Print

Delhi High Court dismisses Environics Trust’s writ challenging the IT Act reassessment order. Detailed analysis of the judgment and key legal arguments.

Delhi HC Set-Aside Order with Unspecified GST Registration Cancellation Reasons

November 28, 2023 1035 Views 0 comment Print

Delhi High Court’s ruling in VAB Apparel LLP vs Commissioner, setting aside GST registration cancellation order for non-specification of reasons for GST registration cancellation.

No default in payment of advance tax as seized cash offered to be treated as advance tax

November 28, 2023 1182 Views 0 comment Print

Delhi High Court held that there was no default in payment of advance as seized cash was offered by the assessee to be treated as advance tax.

Section 56 prescribes interest on delayed refunds after 60 days from date of refund application

November 27, 2023 3819 Views 0 comment Print

Delhi High Court held that interest on delayed refunds as per section 56 of the Delhi Goods and Services Tax Act, 2017 is payable when refund remains unpaid even after sixty days from the date of application for refund.

Notification dated 29.01.2020 revoking MEIS benefit retrospectively is unsustainable

November 26, 2023 1842 Views 0 comment Print

Delhi High Court held that the notification dated 29th January 2020, retrospectively revoking the benefit under the Merchandise Exports from India Scheme (MEIS) in respect of Flexible Intermediate Bulk Container bags, with effect from 7th March 2019, is unjustified and unsustainable in law.

Disruption in video conference hearing: Delhi HC Sets Aside Assessment Orders

November 26, 2023 654 Views 0 comment Print

Delhi High Court decision on Subodh Gupta vs ACIT. Disruption in video conference hearing leads to setting aside assessment orders. Fresh hearings directed.

Issue of summon cannot be presumed to culminate into arrest of person being summoned

November 26, 2023 1164 Views 0 comment Print

Delhi High Court held that as per the scheme of PMLA that power to issue summons u/s. 50 of PMLA is different from the power to arrest u/s. 19 of PMLA. Further, issuance of summons to join investigation and give some evidence or document to the investigation agency cannot be presumed to culminate into the arrest of person being so summoned.

Circular issued by Tax Research Unit clarifying classification of polypropylene woven and non-woven bags quashed

November 24, 2023 1755 Views 0 comment Print

Delhi High Court held that in the absence of a conferral of any power upon the Tax Research Unit (TRU), it cannot issue clarification regarding the classification of polypropylene woven and non-woven bags under the Customs Tariff Act, 1975. Accordingly, Circular dated 31 December 2018 issued by TRU is quashed and set aside.

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