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Delhi High Court

Fraudulent ITC & Fake GST Bill: HC grants bail to accused

February 3, 2021 2601 Views 0 comment Print

Mukul Mittal Vs Directorate General of GST Intelligence (Delhi High Court) The petitioner has been in custody now for 56 days. The maximum sentence provided for the offence alleged against the petitioner is imprisonment for a period of five years, therefore the learned Chief Metropolitan Magistrate is required to take congnizance on the complaint is […]

HC directs GST Authorities to consider proposal to release Bank account against Immovable Property

January 29, 2021 966 Views 0 comment Print

The present petition inter-alia seeks quashing of the impugned Letters dated 31st December, 2020 whereby Respondents have directed the Bankers of the Petitioner Company to Freeze and/or Provisionally attach the bank accounts of the Petitioner Company

CPIO/PIO Cannot Act as Post Offices & withhold RTI info without reasonable cause

January 22, 2021 7257 Views 0 comment Print

Rakesh Kumar Gupta Vs Central Information Commission (Delhi High Court) High Court held that i) CPIO/PIOs cannot withhold information without reasonable cause; ii) A PIO/CPIO cannot be held responsible if they have genuinely rejected the information sought on valid grounds permissible under the Act. Mere difference of opinion on the part of CIC cannot lead […]

HC accepts Petition against Delhi Gymkhana for Denial of Green Card to A Class of Member

January 22, 2021 2715 Views 0 comment Print

Naresh Dayal & Ors. Vs Delhi Gymkhana Club Ltd. & Ors. (Delhi High Court) The present suit has been filed by seven plaintiffs who are all members of defendant No.1 Club in a representative capacity claiming that they are the permanent members of defendant No.1 which has 5553 permanent members, about 4925 person enjoy the […]

Sales tax officer was acquitted from allegation of accepting bribe

January 21, 2021 8280 Views 0 comment Print

Assistant Commissioner-V, Sales Tax was acquitted for allegedly demanding Rs.4,000 as illegal gratification after 25 years as there was no recovery from the appellant, presumption U/s 20 regarding acceptance of bribe could not be raised against him and there was neither any demand nor acceptance or recovery from the appellant. Hence, all the ingredients of an offence U/s 7 and 13(1)(d) could not be satisfied. The conviction order was prima facie unlawful as Section 20 was not invoked.

SCN not time barred if petitioner is guilty of suppression of facts & wilful mis-statements

January 21, 2021 3723 Views 0 comment Print

Learned counsel for the respondent on the other hand has relied on the Section 28AAA of the Customs Act to contend that the SCN is not time barred inasmuch as the petitioner is guilty of suppression of facts and wilful mis-statements in claiming the benefits under the Scheme. Prima facie we find merit in the contention of the respondent.

Allow ‘NIXI’ to rectify bona fide human error in Form GST TRAN-1: HC

January 19, 2021 1575 Views 0 comment Print

National Internet Exchange of India Vs Union of India & Ors. (Delhi High Court) On perusal of the record, it emerges that Petitioner has filed TRAN-1 form within the time prescribed by the Respondents under the rules. Petitioner is holding documents evidencing payment of tax by it on such inputs / input services received under […]

Penny Shares: Delhi HC deletes addition of alleged bogus LTCG

January 15, 2021 4434 Views 0 comment Print

In the instant case, the AO had proceeded predominantly on the basis of the analysis of the financials of M/s Gold Line International Finvest Limited. His conclusion and findings against the Respondent are chiefly on the strength of the astounding 4849.2% jump in share prices of the aforesaid company within a span of two years, which is not supported by the financials.

HC allows continued Attachment of Bank Accounts until objections under CGST Rule 159(5) filed

January 14, 2021 918 Views 0 comment Print

Ramakrishna Electro Components Pvt Ltd Vs Union of India & Anr. (Delhi High Court) We have heard the counsel for the respondents on the aforesaid aspect. The respondents cannot have any claim to further overdraft, if any, availed of by the petitioner in the overdraft account with the SBI. We thus deem it apposite to, […]

Jurisdiction of NCLT over a particular case cannot be determined by Registrar

January 13, 2021 3870 Views 0 comment Print

Skillstech Services Private Limited Vs Registrar, National Company Law Tribunal (Delhi High Court) The case of the Petitioner is that the Registrar of the NCLT has failed to even list the Petitioner’s matter before the appropriate bench of NCLT, on the ground that the threshold of the pecuniary jurisdiction of the NCLT has now been […]

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