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Delhi High Court

CGST Act: Limitation Doesn’t Apply to Unauthorized Tax Collection

October 6, 2023 2205 Views 0 comment Print

Read about Delhi High Court’s decision in Delhi Metro Rail Corporation Ltd. vs. Additional Commissioner case regarding CGST Act’s limitation period for refund when tax is collected without authority of law.

Disallowance under Section 14A Not Applicable for Stock in Trade Securities

October 5, 2023 1380 Views 0 comment Print

Explore Delhi High Court’s judgment on disallowance under Section 14A of Income Tax Act, 1961, in case of Punjab National Bank (Erstwhile United Bank of India)

Court Didn’t Dispense with Pre-deposit Requirement in Non-Rare Case

October 5, 2023 984 Views 0 comment Print

Delhi High Court didn’t invoked power to dispense with the requirement of pre-deposit as the case doesn’t fall in the category of rare and exceptional case. Further, it was found that petitioner was actively involved in evasion of duty and intent the parties to misdeclare imports.

Disallowance u/s 14A without scrutinizing books of accounts is unwarranted

October 5, 2023 1044 Views 0 comment Print

Delhi High Court held that disallowance under section 14A of the Income Tax Act without scrutinizing the accounts of the respondent/assessee unjustified in law and hence liable to be set aside.

Search cannot be conducted until all conditions u/s 67 of CGST Act are fulfilled

October 4, 2023 5820 Views 0 comment Print

In case of Bhagat Ram Om Prakash Pvt. Ltd. vs. Commissioner Central Tax GST, Delhi HC orders a stay on search proceedings until Section 67 conditions are met.

HC quashed order passed by Officer not having jurisdiction

October 4, 2023 7956 Views 0 comment Print

Delhi High Court quashes jurisdiction in Sumitomo Mitsui Financial Group Inc vs. CIT case, leading to the setting aside of impugned orders and notices under the Income Tax Act.

Use of third party trademark as meta-tags amounts to infringement

October 4, 2023 2115 Views 0 comment Print

Explore Kapil Wadhwa vs. Samsung Electronics case, a Delhi High Court landmark decision on using third-party trademarks in meta-tags. Learn about its legal implications

Revocation of customs broker license for failing to collect KYC forms unjustified

October 3, 2023 1053 Views 0 comment Print

Delhi High Court held that a penalty of revocation of license for failing to collect the KYC forms unjustly restricts the Appellant’s ability to undertake the business CHA for the entire life. Accordingly, revocation of customs broker license set aside.

Pre-deposit is Not Tax & Cannot be Retained or Adjusted Under DVAT Act

October 3, 2023 1287 Views 0 comment Print

Delhi High Court held that as per Section 38(3)(a)(ii) of the DVAT Act a pre-deposit does not partake the character of tax or duty, and hence Tax Department can neither retain the same nor could it utilize the same for adjustment purposes towards tax liability for different assessment years.

Preference for Chartered Accountants as Director (Finance): Valid & Constitutional

September 30, 2023 1764 Views 0 comment Print

Delhi High Court held that preference to Chartered Accountants over Cost Accountants for the post of Director (Finance) cannot be treated as arbitrary or violative of the Article 14 and 16 of the Constitution of India.

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