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Delhi High Court

Revenue should adjudicate show cause notice within a reasonable time

April 22, 2023 2529 Views 0 comment Print

Delhi High Court held that revenue should adjudicate show cause notice expeditiously and within a reasonable time. Accordingly, continuation of proceedings for adjudication after a lapse of almost 13 years impermissible.

Frequent Vacancy In DRTs, Practical Solution Needed: Delhi High Court

April 22, 2023 1572 Views 0 comment Print

Frequent vacancy arising in DRT is an issue which needs consideration by Government and practical solution has to be found at the earliest.

Section 153C Notice invalid if not grants Opportunity to Assessee for filing Objection

April 22, 2023 1695 Views 0 comment Print

HC held that with respect to objections & satisfaction note, AO will pass a speaking order; copies of which will be furnished to petitioner

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

April 22, 2023 1014 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 1236 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 2913 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 3408 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 4944 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 864 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 2061 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.

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