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Delhi High Court

Purchase treated as accommodation entries without considering documents – HC set-aside order

April 22, 2023 987 Views 0 comment Print

Delhi High Court sets aside a tax notice against Majestic Handicraft Private Limited, challenging the claim of accommodation entries.

Inordinate & Unexplained Delay in appeal – HC denies Condonation

April 22, 2023 1215 Views 0 comment Print

It is well settled that each day of delay in filing has to be explained. In present case, there are large gaps in time period for which no ostensible reason been provided.

If GST refund application is not deficient in material particulars, it cannot be treated as non est

April 21, 2023 2802 Views 0 comment Print

Delhi High Court remands BSNL’s GST refund case to Adjudicating Authority, highlighting the importance of proper document submission under CGST Act.

Notice after 9 years of Bill of Entry cannot be treated as notice within a reasonable period

April 21, 2023 3315 Views 0 comment Print

Show Cause Notice has been issued approximately nine years after last Bill of Entry. In the given facts, we are unable to accept that appellant had issued notice within a reasonable period.

GST Registration cannot be cancelled Retrospectively without SCN

April 21, 2023 4830 Views 0 comment Print

It is essential that the exercise of powers to cancel the registration ab initio, must be based on material on record and some rationale. Further, the taxable person must be put to notice of the proposed action to cancel the registration from a retrospective date so as to provide an opportunity to the said person to show cause why such cancellation should not be from a retrospective date.

HC denies Condonation of delay as Assessee was aware of ITR filing due date

April 21, 2023 828 Views 0 comment Print

Fact that Assessee had filed his ITR for assessment year 2011-12 within time limit proves that Assessee was aware of process of filing ITR.

Reassessment order passed during pendency of Scrutiny Assessment: HC issues Notice

April 19, 2023 2031 Views 0 comment Print

Commencement of reassessment proceedings while the scrutiny assessment proceedings were on.10.1 Petitioner had taken an objection in that regard, which seems to have escaped the mind of the AO while passing the order under Section 148A(d) of the Act.

Procedure u/r 7 of Anti-Dumping Rules cannot be bypassed by resorting to RTI

April 19, 2023 717 Views 0 comment Print

Delhi High Court held that procedure prescribed under rule 7 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 is to be followed for any party (including the person who participated in the anti-dumping investigation) requires any information. Rule 7 procedure cannot be bypassed by resorting to RTI.

GST: Errors apparent on the face of record, are required to be rectified – Section 161

April 19, 2023 1917 Views 0 comment Print

By an order dated 08.04.2022 passed in RPG Polymers v. Commissioner of DGST Delhi and Anr. W.P.(C) 5849/2022, the Co­ordinate Bench of this Court had clarified that such errors, which are apparent on the face of the record, are required to be rectified under Section 161 of the Central Goods and Services Tax Act, 2017.

Scented Sweet Supari classifiable under sub-heading 080280

April 19, 2023 2838 Views 0 comment Print

Shreedhra Agro LLP Vs Commissioner of Customs (Delhi High Court) 1. The appellant has filed the present appeal impugning an order dated 22.06.2022 passed by the Customs Authority for Advance Rulings, New Delhi (hereafter ‘CAAR’) whereby the products proposed to be imported by the appellant being ‘Scented & Flavoured and Sweetened Supari’ are classified under […]

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