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Delhi High Court

HC directs PCIT to correct apparent mistake in Form-3 of Vivad Se Vishwas

February 15, 2021 2076 Views 0 comment Print

The petition impugns the Certificate dated 9th January, 2021 issued by the respondent in Form-3, under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020, vide Acknowledgment No.158235220090121, to the extent the same treats the case of the petitioner as a search case.

Regular Books of Accounts cannot be termed as Incriminating Material

February 15, 2021 3588 Views 0 comment Print

Regular Books Of Accounts Maintained By Assessee Can Not Be Termed As Incriminating Material To Frame Assessment Under Section 153A , All Addition On Basis Of Such Material Is Therefore Invalid

HC explains validity of invocation of section 153A based on statement recorded in search action against a third person

February 12, 2021 3933 Views 0 comment Print

Section 153A Invalid Where Statement Belonging And Pertaining To Person Other Than Searched Person Used To Assume Jurisdiction and Only Section 153C Can Be Invoked And Without Cross Examination Of Witness There Can Be No Valid Proceedings Under Law.   

Order of transfer passed without mala fide reason after giving proper Opportunity was valid

February 11, 2021 1071 Views 0 comment Print

Dev Wines Sales Corporation Vs PCIT (Delhi High Court) An order of transfer is more in the nature of an administrative exercise of power and the scope of interference wherein in any case is limited and unless the administrative power is shown to have been exercised without authority under the law and/or for mala fide […]

HC Grant stay to ‘Tata Starbucks’ subject to payment of principal profiteered amount

February 11, 2021 1086 Views 0 comment Print

Tata Starbucks Private Limited Vs Union of India (Delhi High Court) Subject to the petitioner depositing the entire principal profiteered amount i.e. Rs. 1,04,70,664/- as levied excluding the GST amount already deposited, within four months, in equal monthly instalments, there shall be a stay, as far as the direction for payment is concerned. FULL TEXT […]

Bail granted in case of alleged availment of fraudulently ITC

February 11, 2021 1389 Views 0 comment Print

Lupita Saluja Vs DGGI (Delhi High Court) It is not in dispute that on the day the impugned order has been passed, the said Judge granted regular bail to the husband of the applicant after spending nearly 50 days in custody who is the person involved in day-to-day affairs of the company, however, dismissed the […]

HC grants Bail to person allegedly Importing Contraband Goods

February 11, 2021 2010 Views 0 comment Print

Ahmed Hassan Muhammed Vs Customs (High Court Of Delhi) The fact of the present case is that prosecution has mixed all the packets and thereafter, sent to FSL for examination, which is contrary to the procedure prescribed under the law. This Court is informed that the petitioner is a Somalian National resident and his Refugee […]

Delhi HC stays notices for conducting Service Tax audit

February 9, 2021 2817 Views 0 comment Print

T.R. Sawhney Motors Pvt.Ltd. Vs Union of India (Delhi High Court) T. R. Sawhney Motors Private Limited v. UOI, WP(C) 2138/2019 & CM Appl. No. 10002/2019 (Stay) wherein the Court has relied the judgment of M/s. OWS Warehouse Services LLP vs. Union of India 2018 (19) GSTL 27 (Guj) and stayed the notices issued by […]

Reconsider decision of exclusion of Ice Cream from Composition Scheme: HC directs GST Council

February 9, 2021 1683 Views 0 comment Print

Del Small Ice Cream Manufacturers Welfare’s Association (Reg.) Vs Union Of India & Anr (High Court Of Delhi) Hon’ble High Court direct the GST Council to reconsider the exclusion of small scale manufactures of ice cream from the benefit of Section 10(1) of the Act, including on the aforesaid two parameters i.e. the components used […]

HC stays attachment of Properties by ED after approval of resolution plan by NCLT

February 8, 2021 2793 Views 0 comment Print

Union Bank Of India E Andhra Bank Vs Union Of India & Ors. (Delhi High Court) Considering the fact that the resolution plan has already been approved in this matter, and that the ED’s order of provisional attachment of the properties of Respondent No. 4 has been passed after the approval of the resolution plan […]

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