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Delhi High Court

GST officers have no power to seize cash during search operations

January 25, 2023 6909 Views 0 comment Print

HC held that, seizure under Section 67 of CGST Act is limited to goods liable for confiscation or any documents, books or things which may be useful for or relevant to any proceedings and ‘cash’ does not fall within definition of ‘goods’

HC directs processing of GST refund withheld for wrong reflection of GST registration status

January 23, 2023 516 Views 0 comment Print

Delhi High Court case: Anuj Gupta seeks GST refund. Issue with GSTN registration. Court directs examination of GSTR 2A format. Refund processing timeline set.

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1524 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

India and UAE DTAA not contain any article concerning FTS

January 23, 2023 2811 Views 0 comment Print

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]

VAT on Hiring of Helicopters – Delhi HC to decide

January 23, 2023 1356 Views 0 comment Print

Pawan Hans Limited Vs Commissioner of Trade & Taxes (Delhi High Court) The appellant states that it is in the business of chartering helicopters and has entered into agreements with various State Government and public sector entities for hiring of its helicopters. According to the VAT authorities, the agreements entail transfer of the right to […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 783 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

HC allows Govt servant to appear for All India Bar Examination

January 23, 2023 10329 Views 1 comment Print

Delhi High Court grants provisional enrolment to Sandeep, a Delhi Jal Board Senior Assistant, for AIBE-XVII, citing Supreme Court directions. Details of the hearing.

HC directs non-eviction of property owned by Co-Owner of Property under PMLA

January 20, 2023 2928 Views 0 comment Print

Delhi HC allows Sanjay Jain to challenge property attachment. Get insights into the PMLA Appellate Tribunal process. Eviction notices discussed.

Application for cross-examination filed before Adjudicating Authority would be integral part of process of adjudication

January 16, 2023 1890 Views 0 comment Print

Dr. U.S. Awasthi Vs Adjudicating Authority Pmla & Anr. (Delhi High Court) The Petitioner’s contention is that in terms of the Prevention of Money-Laundering (Appeal) Rules, 2005, only orders under Section 13(2) and Section 8 of PMLA are appealable to the Appellate Tribunal. As per the Petitioner, an order passed in an application seeking cross-examination […]

GST: HC refuses to allow presence of Advocate during Statement Recording by DGGI

January 16, 2023 1320 Views 0 comment Print

Ramesh Jethi Vs Directorate General of GST Intelligence (Delhi High Court) 1. This petition is filed with the following prayers:- (a) Issue a Writ of Mandamus directing the officers working under the charge and subordinate to learned Respondent to permit presence of Petitioner’s counsel while interrogating in conformity with the law propounded by the Hon’ble […]

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