Follow Us:

Delhi High Court

GST: HC set aside SCN as taxable turnover was below threshold limit

July 30, 2022 1050 Views 0 comment Print

Kishore Kumar Arora Vs Union of India (Delhi High Court) Based on the material placed on record, it would have to be concluded that the taxable turnover of the petitioner was Rs. 15,28,468/-, which, as noticed above, is below the threshold limit of Rs. 20,00,000/- fixed for tobacco products. We are, therefore, inclined to agree […]

Selection of foreign-seated institutional arbitration doesn’t exclude applicability of section 9 of A&C Act

July 29, 2022 2481 Views 0 comment Print

Held that just because the parties have chosen a foreign-seated institutional arbitration under the UNCITRAL Law, it cannot be presumed that an agreement is excluded from the applicability of Section 9

CC accepts apology offered by ITO for not following principle of judicial discipline

July 29, 2022 678 Views 0 comment Print

ITO admits that principle of judicial discipline mandates that the lower authorities are bound to follow the orders passed by the higher authorities. He expresses his unconditional apology and regret for the aforesaid observations/findings and prays that the said observations in the impugned order be expunged/deleted.

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

July 29, 2022 1113 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 10053 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 1992 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 5910 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 2124 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 2484 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 555 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 […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031