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Delhi High Court

SCN without Mandatory pre-show cause notice consultation is not valid

April 16, 2021 12693 Views 0 comment Print

Back Office It Solutions Private Limited Vs Union of India & Ors. (Delhi high Court) We are of the view that the contesting respondents were mandatorily required to have a pre-show cause notice consultation with the petitioner-company and that having not being done in the instant matter, the proceedings initiated by the contesting respondents via […]

HC stays order passed under Faceless Assessment Scheme for violation of natural justice

April 16, 2021 8160 Views 1 comment Print

Since there was a variation made to the declared income of the petitioner qua the assessment year 2018-2019, a show-cause notice should have been issued, before finalizing the variation.

Expenses cannot be disallowed merely for non-receipt of License from IRDAI

April 12, 2021 1101 Views 0 comment Print

Maruti Insurance Broking Pvt Ltd Vs DCIT (Delhi High Court) As noticed above, the assessee did all that, which was necessary, to set up the insurance broking business. Only to recapitulate, the assessee, after its incorporation opened a bank account, entered into an agreement for deputing employees (who were to further its insurance business), gave […]

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

April 12, 2021 1617 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 2739 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 The summons are withdrawn on 12/04/2021, setting a precedent against arbitrary summons.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 5604 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 6483 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 2799 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 2964 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 1761 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 […]

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