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Delhi High Court

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

April 18, 2023 1734 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 1014 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 1605 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).

GST registration cancellation SCN without Specific Allegation is not valid

April 18, 2023 1110 Views 0 comment Print

Show cause notice must clearly state allegations that concerned noticee has to meet. Any notice that does not qualify this criterion, cannot be considered as a SCN

Notification imposing GST on fare of auto rickshaws booked via electronic platforms like UBER is valid

April 17, 2023 3126 Views 0 comment Print

Delhi High Court held that Notifications withdrawing the exemption from the ECOs and making the levy of GST, on the fare of non-air-conditioned stage carriage ticket booked through the electronic platform like UBER is constitutionally valid.

GST Refund cannot be withheld merely because dept decided to file appeal against order granting refund

April 17, 2023 1791 Views 0 comment Print

G S Industries Vs. Commissioner Central Goods And Services Tax (Delhi High Court) The principal question that falls for consideration by this Court is whether the benefit of Order-in-appeal dated 03.01.2022 can be denied to the petitioner and the refund amount be withheld solely on the ground that the respondent has decided to file an […]

Section 3(9) of DVAT doesn’t specify time for submission of document by person found in custody of goods

April 17, 2023 663 Views 0 comment Print

Delhi High Court held that section 3(9) of the DVAT Act does not specifically provide a time-frame for submission of documents. Accordingly, relevant documents with respect to possession of goods by person found in custody of goods should be submitted within a reasonable time.

Reassessment Notice should specify reasons for escapement of income

April 17, 2023 960 Views 0 comment Print

RK Gupta And Son HUF Vs ITO (Delhi High Court) HC held that notice dated 19.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 shows, that a survey report was generated vis-à-vis Varun Capital Services Ltd. The said communication also alludes to the fact that assessee had entered into share transaction with Kisna […]

Immediate Re blocking of ITC Ledger after 1 year is Prima Facie Overreach of Rule 86A(2): Delhi HC [Read Order]

April 17, 2023 912 Views 0 comment Print

Namoshivai Apparels Pvt Ltd Vs Union of India & Ors (Delhi High Court) One of the questions that arises for consideration of this Court is whether the respondent can continue blocking the Input Tax Credit beyond the period of one year by unblocking if after the expiry of one year and immediately blocking it thereafter. […]

Consider rectification of Apparent Error in application for GST Registration Cancellation: HC

April 15, 2023 1887 Views 0 comment Print

Bansal Steels Vs Commissioner, Central Goods and Service Tax (Delhi High Court) The petitioner had applied for cancellation of its GST registration for the first time on 04.12.2018 with effect from that date, stating that the reason for seeking such cancellation was that it had discontinued/closed its business. The said application was rejected by an […]

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