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Delhi High Court

GST: Voluntary statement cannot substitute pre-show cause notice consultation

June 30, 2022 1425 Views 0 comment Print

Mandatory requirement of pre-show cause notice consultation, as embedded in Rule 142 (1A) of the Central Goods and Service Tax Rules, 2017 – Voluntary statement cannot substitute pre-show cause notice consultation

GST: Section 73 notice cannot be issued for already adjudicated cause of action 

June 29, 2022 2565 Views 0 comment Print

Abhishek Gumber Vs Commissioner of GST (Delhi High Court) The principal grievance of the Petitioner is that under the provisions of CGST Act, 2017 (hereinafter referred to as the ‘Act’), show cause notice for a particular cause of action can be issued either under Section 73 or Section 74 of the said Act and once […]

HC directs dept to dispose section 154 Rectification Applications of appellant Within 8 Weeks

June 28, 2022 567 Views 0 comment Print

Alpha Corp Development files writ petition for prompt decision on rectification applications and refund. Delhi HC directs Revenue to act within eight weeks.

Refund of Excess Service Tax along with Interest was allowable to Delhi And District Cricket Association

June 28, 2022 468 Views 0 comment Print

Once the statute provided for payment of interest and the stipulated conditions were fulfilled, the respondent/revenue would be obliged, in law, to pay the interest alongwith the refund. The fact that assessee submitted a communication that it will not claim interest, would not bar assessee from claiming the interest, as the law otherwise allowed for the same.

Income Tax Section 148 Notice against Dead Person Is null & void

June 28, 2022 2628 Views 0 comment Print

Explore the Delhi High Court judgment in Davinder Singh Thapar vs. ACIT, highlighting the invalidity of notices against a deceased assessee under Section 148 of the Income Tax Act.

Bail granted as accused duly complied with the investigation

June 25, 2022 2148 Views 0 comment Print

Bail granted on the basis that there is no substantial allegation that the accused failed to comply with any such notices during the period of investigation. No material has been placed on record to establish any change of circumstances on the basis of which their arrest could have been considered

Section 148A Notice cannot sustain on Violation of Natural Justice Principle

June 24, 2022 1806 Views 0 comment Print

Delhi High Court invalidates 2018-19 tax assessment, citing inadequate opportunity for defense and procedural violations. Details on the case and court ruling.

HC quashes Income Tax Order passed after giving mere 3 days to reply to SCN

June 23, 2022 1806 Views 0 comment Print

Shubham Thakral Vs ITO (Delhi High Court) Learned counsel for the Petitioner states that only three days’ time was granted to the Petitioner to respond as against the mandatory statutory period of at least seven days. He further states that though the annexure annexed with the notice granted the Petitioner eight days’ time to respond, […]

HC Quashes Reassessment Order passed without Considering reply of Assessee

June 23, 2022 960 Views 0 comment Print

Karida Real Estates Private Limited vs ACIT (Delhi High Court) Keeping in view the fact that the impugned order and notice have been issued without considering the reply filed by the Petitioner, this Court sets aside the impugned order passed under Section 148A(d) of the Act and the notice issued under Section 148 of the […]

Use of Competitor’s Trademark as Keyword on search engines/App store not allowed

June 23, 2022 2451 Views 0 comment Print

HC held that, there would be no difference in the use of trade marks as a keyword on search engines as opposed to use as a keyword on App store searches. So long as the key words are being used for promoting a business, using a competitor’s trade mark, the same would be violative of the rights of the trade mark owner.

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