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Delhi High Court

Delhi HC Warns Dept for Non-Disbursal of GST Transitional Credit despite its Order

January 1, 2023 882 Views 0 comment Print

Mauria Udyog Ltd. Vs Union of India (Delhi High Court) It appears that in the present case, there was a technical problem that was required to be resolved. The respondents have now resolved the same by opening the portal for filing the revised forms including TRAN-1. Although this Court is of the view that if […]

HC set-aside GST Registration cancellation order passed in violation of Rule 25

January 1, 2023 1398 Views 0 comment Print

Kpm Enterprises Vs The Commissioner, Delhi Goods And Service Tax & Ors (Delhi High Court) Appellant submit that alleged inspection by GST department, is in violation of the Rule 25 of 2017 GST Rules as the petitioner was not afforded any opportunity to be present at the site. Further, the respondent has also not uploaded […]

CENVAT Credit refund Rejected due to Limitation Can Be Claimed during Re-Opening of TRAN Window

January 1, 2023 1017 Views 0 comment Print

Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court) In the present case, the petitioner’s request for refund of CENVAT credit in cash was rejected for the reason that it was filed beyond the period of limitation. The petitioner submits that although it was no longer entitled […]

DRP not empowered to set aside any proposed variation

January 1, 2023 1326 Views 0 comment Print

DRP is not empowered to set aside any proposed variation or issue any direction under Section 144C(5) for further enquiry for passing the assessment order and therefore, the disallowance proposed under Section 37 (1) of the Act was without jurisdiction.

Application of income cannot be examined while granting section 12AA registration

December 31, 2022 729 Views 0 comment Print

It is settled principle of law that at the stage of granting registration u/s 12AA of the Act, ld. CIT (E) is not to examine the application of income, which is to be done by the AO on year to year basis at the time of deciding the exemption u/s 11 of the Act

HC restricts bank account attachment amount to refund amount under investigation

December 30, 2022 549 Views 0 comment Print

R Enterprises Vs Union of India & Ors. (Delhi High Court) Section 83 of the CGST Act empowers the concerned authority to provisionally attach assets, in cases where the proceedings have been initiated under Chapter XII, XIV or XV of the CGST Act and the Commissioner is of the opinion that for the purpose of […]

Release of seized perishable goods – HC directs expeditious conclusion of adjudication proceedings

December 30, 2022 702 Views 0 comment Print

Release of seized perishable goods – conclusion of adjudication proceedings expeditiously – seeking cross examination of the Panch witnesses, other witnesses whose statements are relied upon in the Show Cause Notice and the officers of the DGGI

NCLT cannot declare IBC, 2016 provisions/Regulations as illegal/Ultra Virus

December 28, 2022 996 Views 0 comment Print

IBBI Vs State Bank of India & Ors (Delhi High Court) In the present case, a conjoint reading of the provisions of the IBC clearly shows that the NCLT is the adjudicating authority under the IBC. Under Section 60(5) the categories of cases which can be adjudicated have been clearly enumerated. The jurisdiction to deal […]

Corporate Social Responsibility expenditure is allowable deduction u/s 37

December 27, 2022 3945 Views 0 comment Print

Delhi High Court held that Explanation 2 was inserted in Section 37 via Finance (No.2) Act, 2004 and is effective from 01.04.2015 [from Assessment Year 2015-2016 onwards] Accordingly expenditure incurred towards Corporate Social Responsibility is allowable as deduction u/s 37 of the Income Tax Act.

Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

December 26, 2022 1689 Views 0 comment Print

Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes Act, 1947, and the court’s decision.

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