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Delhi High Court

No Section 68 additions solely based on MOU found during search In Premises of Third Party

April 15, 2023 1662 Views 0 comment Print

No Sec. 68 additions solely based on MOU found during search In Premises Of Third Party if assessee wasn’t even remotely connected to MOU

Delhi High Court sets aside GST Cancellation order passed in violation of Natural Justice

April 15, 2023 1056 Views 0 comment Print

Order cancelling petitioner’s GST registration passed in violation of principles of natural justice, is liable to be set aside.

Right to use radio frequency spectrum leviable to service tax only from 14.05.2016

April 14, 2023 708 Views 0 comment Print

Delhi High Court held that right to use radio frequency spectrum or its subsequent transfer covered under Clause (j) of Section 66E which was effective from 14.05.2016. Accordingly, compensation received during Financial Year 2015-2016 not leviable to service tax.

GST Refund rejection order passed in violation of natural justice- Remanded back to Appellate Authority

April 14, 2023 1938 Views 0 comment Print

Delhi High Court held that as the petitioner was not given an opportunity to meet the case that it was not entitled to refund as the services provided by it was as an intermediary. Matter is remanded back to Appellate Authority as the order was passed in violation of principles of natural justice.

GST Registration cancellation -HC disposes appeal as dept revoked suspension

April 12, 2023 1185 Views 0 comment Print

The respondent has since revoked the suspension of the petitioner’s registration and the same is active. It is also stated that the respondent has issued a demand notice dated 15.02.2023 under Section 73(5) raising a demand of ₹6,37,916.00/-. The said demand notice also states that in the event the demand is not paid, a Show Cause Notice under Section 73(1) would be issued.

GST: Attachment of bank account of non-taxable person violates section 83

April 12, 2023 1434 Views 0 comment Print

Sakshi Bahl & Anr. Vs. Principal Additional Director General (Delhi High Court) HC held that based on facts and documents summitted it is clear that the petitioners are not taxable persons. The power under Section 83 of the Act, to provisionally attach assets or bank accounts is limited to attaching the bank accounts and assets […]

Typographical error duly proved based on revised return and CA’s certificate

April 11, 2023 37275 Views 0 comment Print

Delhi High Court held that revised return as well as chartered accountant’s certificate supports the typographical error. Accordingly, OHA directed to determine correct turnover and tax liability thereon.

Fresh refund claim under DVAT 21 not required when claim embedded in return

April 11, 2023 1392 Views 0 comment Print

Delhi High Court held that there is no requirement to file a fresh claim under DVAT 21 as the claim of refund was embedded by the assessee in its return.

Denial of refund of accumulated ITC for non-submission of information regarding transfer of business is unacceptable

April 10, 2023 1890 Views 0 comment Print

Delhi High Court held that denial of refund of accumulated ITC on the ground that information regarding transfer of business and other returns to establish the transfer of stocks and capital goods not submitted is unacceptable.

Definition of ‘input service’ u/s. 2(l) of CCR doesn’t exclude re-insurance service

April 10, 2023 1635 Views 0 comment Print

Delhi High Court held that the re-insurance services were not excluded from the definition of ‘input service’ as defined under Section 2(l) of the CENVAT Credit Rules, 2004 with effect from 01.04.2011.

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