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Delhi High Court

AO must specify if ITR not been filed by appellant in his Section 148A(b) order

October 17, 2022 1380 Views 0 comment Print

Delhi HC quashes order under Section 148A(d), remands to Assessing Officer. Petitioner to provide sale/purchase deed for fresh decision.

GST Registration cannot be cancelled by Infraction of Rule 25 of CGST

October 17, 2022 1992 Views 0 comment Print

Balaji Enterprises Vs Principal Additional Director General, Directorate General of GST Intelligence & Ors. (Delhi High Court) A perusal of the SCN would reveal, that there is next to nothing stated, as to the reason why the concerned authority proposed the cancellation of registration. As a matter of fact, the concerned authority, ironically, put the […]

HC upheld ITAT order attributing 15% of revenue to PE in India of Travelport L.P. USA

October 17, 2022 1749 Views 0 comment Print

CIT-International Taxation Vs Travelport L.P. USA (Delhi High Court) Learned counsel for the Appellant-Revenue states that the ITAT has erred in holding that only 15% of the revenue is attributable to the assessee’s PE in India by mechanically applying the ratio of the judgment of DIT vs. Galileo International Inc., (2009) 180 Taxman 357 (Delhi) […]

Rs. 50 Lakhs limit Not Applicable to section 148A(b) issued within 3 years

October 17, 2022 4002 Views 0 comment Print

Ester Industries Ltd Vs ACIT (Delhi High Court) High Court is of the view that the condition precedent of an asset in the form of Rs.50 lakhs is not be attracted to the present case, as the notice under Section 148A(b) of the Act had been issued on 17th March, 2022 i.e. within three years […]

Petitioner has right to get adequate time under Section 148A to respond to SCN

October 17, 2022 1380 Views 0 comment Print

Bird Worldwide Flight Services (I.) Pvt. Ltd Vs DCIT (Delhi High Court) Court is of the view that the Petitioner has a right to get adequate time under Section 148A of the Act to respond to the show cause notice. It is pertinent to mention that Section 148A(b) of the Act permits the Assessing Officer […]

Use of ‘RANJIPAAN’ is infringement of Trademark RAJNIGANDHA: HC

October 15, 2022 2871 Views 0 comment Print

Delhi High Court held that based on principle of initial interest confusion trademark infringement proved for using RAJNIPAAN, similar to take to well-known trademark RANJIGANDHA, even though no actual sale is finally created as a result of the confusion.

Pre-Notice Consultation mandatory under Section 28 of the Customs Act: Delhi HC

October 15, 2022 8124 Views 0 comment Print

In present facts of the case, the Honble Delhi High Court held that the pre-show cause notice consultation is mandatory under Section 28 of the Customs Act, 1962

Benefit of rate reduction under GST is to be passed on to every supply

October 15, 2022 2634 Views 0 comment Print

Delhi High Court held that supplier has to pass on benefit of rate reduction of GST or the benefit of ITC on every supply. The supplier cannot claim that he has passed on more benefit to one customer therefore he could pass less or no benefit to another customer than the benefit which is actually due to that customer.

Refund of IGST allowed on exported goods after deduction of drawback duty

October 14, 2022 3762 Views 0 comment Print

Whether or not refund of IGST on exported goods will be allowed in the present petition after deduction of the drawback duty?

Arbitration – Legal remedy cannot be extended by consent

October 14, 2022 1140 Views 0 comment Print

Extramarks Education India Private Limited Vs Ram School (Delhi High Court) The petitioner’s other objection, that since in its reply dated 31.08.2021 the respondent themselves were willing to accept and had given their consent for appointment of an arbitrator “near to the locality” where the respondents were located, is neither here nor there, since if […]

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