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Delhi High Court

Section 87(b)(i) not makes directors of Company, Vicariously or Jointly Liable for Dues of Company

November 6, 2020 5061 Views 0 comment Print

Sanjiv Kumar Mittal Vs Deputy Commissioner (TRC), CGST Commissionerate Delhi South & Ors. (Delhi High Court) SECTION 87(b)(i) OF THE FINANCE ACT PROVIDES FOR A  GARNISHEE ORDER ONLY – i.e. PROVIDES FOR ATTACHMENT OF FUNDS OF AN ASSESSEE LYING WITH THIRD PARTIES. THERE IS NO PROVISION IN THE FINANCE ACT MAKING AN EX-DIRECTOR, EVEN IF […]

Providing Information regarding ongoing Income Tax investigation to informer is not appropriate: HC

November 6, 2020 2247 Views 0 comment Print

Principal Director, Income Tax Vs Rajiv Yaduvanshi (Delhi High Court) Moreover, in cases pertaining to Tax evasion petitions like the present case, this Court also exercises its powers sparingly and it is a well-settled principle that only the broad outcome of the Tax evasion petition may be communicated to the complainant, that too upon culmination […]

HC: Power To Conduct Service Tax Audit is saved under GST Act

November 3, 2020 4287 Views 0 comment Print

Vianaar Homes Private Limited Vs Assistant Commissioner CGST (Delhi High Court) Conclusion: Authorities had power under Section 174(2)(e) of the CGST Act, 2017 to institute any investigation, inquiry, verification, assessment proceedings, adjudication, etc. under Rule 5A of the Service Tax Rules. Held: Assessee-company was engaged in the business of construction of residential complexes since its […]

GST Interest on Gross Tax Liability : HC disposes writ as per Administrative Instruction

October 23, 2020 1029 Views 0 comment Print

Parnika Commercial And Estates Private Ltd. Vs Union of India (Delhi High Court) Bu this writ Petitioner had sought a declaration that the liability to pay interest under Section 50 of the Central Goods and Services Tax Act, 2017  is confined only to the net tax liability and no interest is payable on the available […]

PIL against Mobile Gaming Apps- HC ask govt to treat PIL as representation

October 22, 2020 1170 Views 0 comment Print

The instant PIL is related to some of the mobile gaming apps, which allegedly facilitate online gambling, that have been referred to in the petition such as Adda52 Poker, PokerStars, Zynga Poker, Teen Patti Gold, Poker Rummy and Texas Hold’em Poker.

Faceless Appeal Scheme, 2020 -Litigation started

October 17, 2020 3138 Views 0 comment Print

Lakshya Budhiraja Vs Union of India (Delhi High Court) The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. Present writ petition has been filed seeking a direction to the respondents to grant an opportunity of hearing […]

No injunction against BFA for infringement of CFA registered mark

October 15, 2020 1614 Views 0 comment Print

CFA Institute Vs Brickwork Finance Academy (Delhi High Court) Conclusion: High Court refused to grant an injunction against the Banking Financial Analyst (BFA) for the alleged infringement of Chartered Financial Analysts (CFA) registered mark as the class of customers who were likely to avail/pursue the courses of the either CFA or BFA would be capable […]

GST: HC refuses to entertain writs as alternate remedy against attachment order was available

October 10, 2020 846 Views 0 comment Print

Neutron Steel Trading Pvt. Ltd. Vs Commissioner CGST (Delhi High Court) Petitioners have a remedy against the order of attachment by way of filing objection under sub-rule (5) of rule 159 of the Central Goods and Services Tax Rules, 2017, this court would be reluctant to entertain these petitions under Article 226 of the Constitution […]

Stay application should be disposed off after considering prima facie merits of case

October 7, 2020 5619 Views 0 comment Print

IKEA Trading (India) Pvt. Ltd. Vs. Commissioner of Trade and Tax (Delhi High Court) Facts- Appellant is engaged in local procurement and export of home furnishing products like carpets, dhurries, fabrics, plastic articles, lamps, soft toys. Appellant purchased products from a number of domestic vendors situated outside the state of Delhi against Form H. Such […]

Director not responsible for cheque issued & Dishonoured post his retirement

October 6, 2020 7722 Views 0 comment Print

Alibaba Nabibasha Vs Small farmers agri-busines Consortium & ORS (Delhi High Court) The Petitioner ceased to be the director of the respondent No. 2 with effect from 27th October 2010. The resignation of the petitioner was also notified to MCA. The cheques, totaling to INR 45 Lakhs, were issued on 31st December 2018 by respondent […]

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