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Delhi High Court

HC Stays Show Cause Notice under Custom Act; Follows SC Judgment in Canon India

April 12, 2021 1569 Views 0 comment Print

Gopal Gupta Vs Principal Additional Director General (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. By this petition, the petitioner challenges the Show Cause Notice dated 26th September, 2019 issued to the petitioner subsequent to the arrest, search and seizure dated 24th April, 2019 and 25th April, 2019 as also […]

GST department withdraws summon issued without application of mind

April 12, 2021 2709 Views 0 comment Print

Delhi HC stays indiscriminate CGST North Delhi Commissionerate summons in Ankit Bindal’s case. The summons are withdrawn on 12/04/2021, setting a precedent against arbitrary summons.

Wearing Mask Compulsory Even When Driving Alone: Delhi HC

April 9, 2021 5589 Views 0 comment Print

Saurabh Sharma Vs Sub-Divisional Magistrate (Delhi High Court) The word ‘public place’, has to be interpreted in this case in the context of the COVID pandemic. To determine what constitutes a `public place’ the manner in which the Coronavirus can spread is the crucial part. It is now settled and accepted universally that the corona […]

HC directs ROC to remove disqualification of Director for Active Companies & reactivate his DINs/DSCs

April 7, 2021 6447 Views 0 comment Print

Sandeep Ahuja Vs Union of India & Ors. (Delhi High Court) The Petitioner is a Director in five companies. Due to non-filing of annual returns and balance sheets in one of the companies, the Petitioner was disqualified as a director in 2017 with effect from 1st November, 2017 to 31st October, 2022 under Section 164(2)(a) […]

HC allows fresh claims made by assesse which was not claimed in Original Return

April 7, 2021 2778 Views 0 comment Print

International Tractors Ltd. Vs DCIT (Delhi High Court) Unless the Tribunal would have reached to a conclusion and expressed its clear view, in that respect, as to what was wrong or missing in the examination made by the CIT(A), a remand was not called for. We agree with Mr. Seth’s contention that the CIT(A) in […]

Delhi HC junks Britannia’s Plea of Trademark Infringement against ITC

April 5, 2021 2910 Views 0 comment Print

Britannia Industries Ltd Vs ITC Ltd. (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. On 1 1th September, 2020, the Trademark Registry registered the following trademark in favour of the plaintiff M/s Britannia Industries Ltd., in respect of “biscuits, bread, buns, rolls, bakery products, coffee, tea, cocoa, sugar, rice, tapioca, […]

Voluntary recorded statements before Senior Intelligence Officer cannot constitute pre-SCN consultation

April 5, 2021 1737 Views 0 comment Print

Omaxe New Chandigarh Developers Pvt. Ltd. Vs Union of India & Ors (Delhi High Court) We are of the view that ‘voluntary statements’ recorded before the Senior Intelligence Officer cannot constitute pre-show cause notice consultation as envisaged in the paragraph 5 of the 2017 Master Circular. Consultation entails discussion and deliberation. There is back and […]

Section 147: Reasons for formation of opinion should have a rational connection with formation of belief

March 27, 2021 2148 Views 0 comment Print

Synfonia Tradelinks Pvt Ltd Vs ITO (Delhi High Court) 1. The reasons which lead to the formation of opinion or belief that the assessee’s income chargeable to tax has escaped assessment should be inextricably connected. In other words, the reasons for the formation of opinion should have a rational connection with the formation of the […]

Interest payable on delayed remittance of refund on account of IGST

March 26, 2021 1404 Views 0 comment Print

TMA International Pvt. Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) Thus, the only other question left for consideration is: as to whether the petitioners should be paid any interest for delayed remittance of refund on account of IGST? Mr. Samar Bansal, who appears on behalf of the petitioners, in support […]

Can HC quash Section 241A order withholding refund pending completion of scrutiny assessment

March 26, 2021 1842 Views 0 comment Print

Whether order u/s 241A withholding refund pending completion of scrutiny assessment can be quashed by writ court under article 226 of the Constitution of India?

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