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Delhi High Court

GST Refund rejection on ground of Forged ITC: SCN is premature if appeal is pending adjudication

July 29, 2022 1062 Views 0 comment Print

Abhishek Gumber, Proprietor of M/S AG Enterprises  Vs Commissioner of GST (Delhi High Court) It is clear that once the petitioner‟s refund claim was rejected on the ground that it was founded on forged ITC, the petitioner would be liable to pay tax, interest and perhaps also penalty, in the event the adjudication order is […]

RERA disputes arbitrable: Delhi HC

July 29, 2022 9963 Views 0 comment Print

The Arbitration & Conciliation Act, 1996 is in addition to other remedies available and not in derogation to The Real Estate (Regulation and Development) Act, 2016.

No penal interest applicable on amount given prior to 1st April 2014 for share allotment

July 29, 2022 1932 Views 0 comment Print

Held that as per Rule 2(b)(vii) of Companies (Acceptance of Deposits) Rules, 1975 read with General Circular No. 15/2015, the share application money given by the Petitioner for allotment of shares cannot be treated as deposits. Hence, penal interest not available to the petitioner.

Defect liability period will not arise when the work is not performed

July 28, 2022 5772 Views 0 comment Print

Held that BGs can be invoked within/ before 90 days from the date of expiry of defect liability period. However, the defect liability period would arise only after the completion of the work.

Defined of relative cannot be imported into Income Tax Act from Senior Citizens Act

July 28, 2022 2097 Views 0 comment Print

Statutory definition of relative u/s 2(g) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be imported under Section 2(41) and Section 56 of Income Tax Act, 1961 when both the Acts define the term differently.

Provisional attachment order beyond the gamut of chargesheet unsustainable

July 26, 2022 2451 Views 0 comment Print

Held that the impugned proceedings rest on the second chargesheet which bids us to restrict scrutiny upto 04 September 2003 and there is no allegation that any illegal monetary gains were derived or obtained as on 04 September 2003. Provisional order of attachment held illegal.

Writ petition becomes infructuous on expiry of Income Tax Provisional Attachment order

July 25, 2022 498 Views 0 comment Print

P C Financial Services Private Limited Vs Deputy Director of Income Tax (Delhi High Court) 1. Present application has been filed on behalf of the Petitioner seeking modification of the order dated 31st May, 2022 passed by this Court by relying on the order dated 31st May, 2022 passed by a learned Single Judge of […]

HC Sets Aside Section 148/148A Notice on Grounds of Change of Opinion

July 22, 2022 2820 Views 0 comment Print

Seema Gupta Vs ITO (Delhi High Court) Present writ petition has been filed challenging the order dated 30th June, 2022 passed under Section 148A(d) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) and the consequential notice dated 30th June, 2022 issued under Section 148 of the Act for the Assessment Year […]

Amendment of Section 14A For Removal of Doubts Is Held to Be Prospective Subject to Final Decision by SC

July 22, 2022 3858 Views 0 comment Print

Delhi high court negating dept stand about  retrospective amendment plea for sec 14A explanation added by finance act 2022 in authors opinion it should  ably address the much created confusion from revenue side.

Petition admitted which challenged issuance of two adjudication order against single notice

July 22, 2022 750 Views 0 comment Print

Delhi High Court admitted a petition through which two adjudication orders based on a single show cause notice was challenged. Also held that no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.

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