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Delhi High Court

Telephonic Conversation of GST Officer with Assessee cannot be treated as personal hearing

July 29, 2023 1401 Views 0 comment Print

Delhi High Court held that construing telephonic conversation of Officer with the proprietor as personal hearing is not acceptable. Hence, order passed thereon is in violation of principles of natural justice and also violation of statutory principles of the Central Goods and Services Tax Act (CGST Act).

Time for which interim orders were operable should be excluded from timeframe provided in Rule 18 of ADD Rules

July 27, 2023 1329 Views 0 comment Print

Delhi High Court held that notification dated 05.04.2021 cannot be said as void in law as time for which the interim orders were operable has to be excluded from the timeframe provided in Rule 18 of of the Customs Tariff (Identification, Assessment and Collection of AntiDumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (AAD Rules).

Delhi HC Orders Shutdown of Mukherjee Nagar Coaching Centres: MPD, 2021 Non-Compliance

July 27, 2023 4761 Views 0 comment Print

Delhi High Court’s recent ruling addresses coaching centers in Mukherjee Nagar violating Master Plan for Delhi, 2021. Explore the judgment’s key points and implications for residents and institutes.

Interest under Section 35FF Commences from Appellate Authority’s Order Date: Delhi HC

July 27, 2023 990 Views 0 comment Print

In present facts of the case, the Hon’ble Delhi High Court observed that Section 35FF of the Excise Act indicates that interest would commence from the date of the order of the Appellate Authority as distinct from the making of an application which is prescribed to be the starting point insofar as Section 11BB of the Act is concerned.

Delhi HC: Personal Hearing for GST Show Cause Notices Regardless of Opting

July 26, 2023 4623 Views 1 comment Print

Delhi High Court holds that personal hearing must be granted even if the petitioner did not opt for it in GST show cause notices. The court quashes the impugned order and show cause notice, allowing the petition.

Invalid Reopening of Assessment: No Failure to Disclose Material Facts Alleged

July 26, 2023 1098 Views 0 comment Print

The Delhi High Court has held that reopening of assessment under Section 147 of the Income Tax Act is not valid in the absence of an allegation of failure to disclose material facts.

Delhi HC Dismisses Petition; IMFL Excise License Rejection to be Appealed

July 25, 2023 1212 Views 0 comment Print

Delhi High Court dismissed the petition as not maintainable in matter rejection of licence for Indian-Made Foreign Liquor (IMFL) as statutory provision which permits the Petitioner to approach the Appellate Authority in terms of section 72 of the Excise Act, 2009.

Delhi HC: Suicide Note Name Discrepancy Irrelevant in Tax Commissioner Case

July 25, 2023 963 Views 0 comment Print

Delhi High Court in prosecution proceedings against the Assistant Commissioner in the Trade & Taxes Department held that the discrepancy in the name in the suicide note is not germane to the issue in the controversy in the present petition.

HC Sets Aside ITO’s Order Over Failure to Consider Taxpayer’s Response

July 25, 2023 723 Views 0 comment Print

Delhi High Court sets aside Income Tax Officer’s order for Assessment Year 2016-17, citing failure to consider the taxpayer’s response. Read the full judgment here.

HC Upholds Exclusion of Comparables Due to Functional Dissimilarity & Amalgamation

July 25, 2023 1044 Views 0 comment Print

Delhi High Court’s judgment on transfer pricing case involving functional dissimilarity & amalgamation, leading to exclusion of certain comparables.

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