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Delhi High Court

Delhi HC allows GST Registration cancellation from actual date of ceasing of business operations

March 15, 2023 4164 Views 0 comment Print

The petitioner had made an application in the requisite form (Form GST REG-16) praying that his registration be cancelled with effect from 31.07.2021. The reason for seeking cancellation of the registration was disclosed as ‘Discontinuance of business/Closure of business’.

Delhi HC set aside Section 148A(d) order passed without considering reply of Assessee – directs de novo exercise

March 14, 2023 10467 Views 0 comment Print

Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified as Rs.24,10,705/- the amount in issue is only Rs.13,73,503/-. It is, thus, the petitioner’s case that Rs.10,37,202/- has been wrongly included. Mr Puneet Rai, learned senior standing counsel, who appears on behalf […]

Interest u/s 234E of Income Tax for TDS returns prior to 01.06.2015 is illegal

March 14, 2023 1938 Views 0 comment Print

Delhi High Court held that levy of interest under section 234E of the Income Tax Act is illegal for returns of TDS in respect of the period prior to 01.06.2015. Accordingly, directed to be deleted.

C-forms cannot be cancelled retrospectively: Delhi HC

March 14, 2023 2997 Views 0 comment Print

Zapsell Retail Vs Commissioner State Goods And Services Tax (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr. (W.P.(C) 1358 of 2016 decided on 06.2016) this Court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions involving the similar […]

GST provisional attachment under section 83 cannot be extended

March 14, 2023 2661 Views 0 comment Print

HC held that provisional attachment under section 83 of CGST Act 2017 cannot be extended & also there is no order extending the same.

ITC Blocking: SCN issued in mechanical manner is without authority of law

March 13, 2023 11775 Views 1 comment Print

The Hon’ble High Court was pleased to apply live link test i.e. the expression ‘reason to believe’, to denote reasons, which are based on tangible material and have a live link with the formation of the belief. Also, the Hon’ble High Court observed that blocking of electronic credit ledger is a drastic step, and therefore it was necessary for the concerned officer to have some material to form a belief that the conditions under Rule 86A of the Rules are satisfied.

Regulation 20 of CBLR mandates issuance & not service of notice within 90 days of receipt of offence report

March 13, 2023 1509 Views 0 comment Print

Commissioner of Customs (Airport & General) Vs R.P. Cargo Handling Services (Delhi High Court) Delhi High Court held that the Commissioner is require to ‘issue’ (ant not ‘serve’) a notice, under Regulation 20 of the Customs Brokers Licensing Regulations (CBLR), within a period of ninety days of the receipt of the offence report. Facts- The […]

Betal Nuts (Boiled Supari) classifiable under Chapter 8 of Customs Tariff Act

March 13, 2023 2625 Views 0 comment Print

Delhi High Court held that Betal Nuts known as ‘Boiled Supari’ is classifiable under Chapter 8 of the Customs Tariff Act and not under Chapter 21 of the Customs Tariff Act.

HC directs CIT to reconsider assessment to redetermine gross profit applicable to unexplained purchases

March 11, 2023 3624 Views 0 comment Print

Delhi High Court directed Commissioner of Income Tax (CIT) to re-consider the high-pitched assessment as gross profit applied is 12.5% as against historical gross profit of 1.06%. Coercive measures against the petitioner instructed to be kept on hold.

For limitation calculation for GST Refund Application Period from 01.03.2020 to 28.02.2022 not includible

March 10, 2023 1410 Views 0 comment Print

Megicon Impex Pvt Ltd Vs Commissioner Of Central Goods And Services Tax Delhi West & Ors. (Delhi High Court) he learned Counsel appearing for the parties have drawn attention to a notification dated 05.07.2022, whereby the period commencing from 01.03.2020 to 28.02.2022, was directed to be excluded for computing the period of limitation, for filing […]

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