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Delhi High Court

HC reduces Pre-Deposit For Filing Appeal considering liquidity crunch

April 19, 2023 1254 Views 0 comment Print

G.S. Promoters Pvt. Ltd Vs Commissioner Of Central Excise And CGST (Delhi High court) The petitioner has filed the present petition, inter alia, seeking waiver of pre-deposit of 7.5% of duty for maintaining an appeal against the order-in-original dated 26.11.2021, passed by the Commissioner, Adjudication, Central Tax, GST, Delhi East. Court is unable to accept that […]

HC set aside Income Tax Notice issued & Order passed on dissolved LLP

April 19, 2023 1443 Views 0 comment Print

Notice under Section 148A(b) & order U/s. 148A(d) of Income Tax Act against an entity (LLP), which was no longer in existence is invalid.

No Penalty for Late Filing of GST Returns from date of application for revocation till revocation

April 19, 2023 1875 Views 0 comment Print

Sh. Ishwar Chand Proprietor of M/S Bhagwati Trading Co. Vs Union of India (Delhi High Court) The controversy in the present petition relates to levy of penalty for late filing of the GST returns, for the period the petitioner was disabled from doing so, on account of cancellation of its GSTIN registration. It is the […]

Section 270AA Application cannot be rejected without giving opportunity of hearing to applicant

April 19, 2023 1698 Views 0 comment Print

Rohit Kapur Vs PCIT (Delhi High Court) The proviso to Sub-section(4) of Section 270AA of the Act makes it amply clear that before an application is rejected, the applicant must be given an opportunity of being heard. In the present case, there is no dispute that the petitioner was not afforded the said opportunity.  In […]

Section 73 and 74 provides for Recovery of erroneous GST refund

April 19, 2023 10692 Views 0 comment Print

Section 73 and 74 of CGST Act also provide for recovery of refund where the same has been erroneously granted.

Evergreening or layering of patent protect is impermissible under Indian Patent Law

April 18, 2023 1791 Views 0 comment Print

Delhi High Court held that filing of multiple patent claims in respect of the same invention amounts to evergreening or layering of patent protection, which is impermissible under the Indian Patent Law.

Import conditions not violated for use of imported aircraft by non-scheduled (passenger) services

April 18, 2023 1320 Views 0 comment Print

Delhi High Court held that as per explanation inserted to Condition No. 104, exemption condition would be satisfied if the aircraft imported is used for non-scheduled (passenger) services or non-scheduled (charter) services. Accordingly, use of imported aircraft by non-scheduled (passenger) services, shall not be construed to be a violation of conditions of imports at concessional rate of duty.

Section 148A(d) order set-aside by HC as Assessee not been provided documents based on which allegations levelled

April 18, 2023 1677 Views 0 comment Print

Shukla Enterprises Private Limited Vs ACIT (Delhi High Court) Writ petition is directed against order dated 29.07.2022 passed under Section 148A(d) and the consequential notice dated 30.07.2022 passed under Section 148 of the Income Tax Act, 1961. Besides this, challenge is also laid to the show cause notice dated 25.05.2022 issued under Section 148 A(b) of […]

GST: Order directing GAIL to pay sum which is not due and payable is unsustainable

April 18, 2023 987 Views 0 comment Print

Delhi High Court held that impugned order directing GAIL to pay a sum of money which is not due and payable by GAIL is not sustainable.

Reassessment based on Tax Evasion Petition: HC refers matter back to AO

April 18, 2023 1557 Views 0 comment Print

Record shows that reassessment proceedings have been triggered based on information received by respondent/revenue via a Tax Evasion Petition (TEP).

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