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Delhi High Court

Transitional Credit- Delhi HC to hear the issue on 16.09.2020

June 30, 2020 1233 Views 0 comment Print

Even in case the supreme court decide the above case in favour of assessee and make amendment section 140 of CGST Act, still that change will not allowed petitioner to claim Transitional Credit.

Wrong ITC availment – HC order DGGI to complete Investigation in 3 months

June 29, 2020 3027 Views 0 comment Print

The issue under consideration is whether the contention of the petitioner that the provisional attachment for wrong availment of ITC is without jurisdiction and illegal is correct?

HC Stays Penalty order passed by IBBI against alleged Moratorium Term violations

June 29, 2020 840 Views 0 comment Print

Stay against Penalty order under IBC allowed against petitioner who has violated Terms of Moratorium

HC stays Interest, Penalty & Investigation imposed by NAA in Phillips India case

June 25, 2020 1239 Views 0 comment Print

Writ petition is filed for challenging order passed by National Anti-Profiteering Authority under CGST Act. HC approved Stay Application for Interest, Penalty & Investigation levied by Anti-Profiteering Authority

Stay on NCLT Order Initiating Insolvency Proceedings against MSME

June 23, 2020 2685 Views 0 comment Print

Whether the NCLT was correct in passing an order of initiation of the CIRP against a MSME without considering the fact that the minimum threshold limit of filing application in NCLT has been increased to Rs. 1 Crore?

Position of Multiplicity of Arbitration Proceedings & of Subsequent Award Rendering the Previous Award Illegal

June 23, 2020 3318 Views 0 comment Print

The Court concluded that the findings of a Subsequent Award would not render the previous Award illegal or contrary to law. To find the validity of the Award, the Award had to be tested as on the date when it was pronounced, on its own merits.

No TDS on Reimbursement of cost to cost management expenses to parent company

June 23, 2020 2799 Views 0 comment Print

CIT Vs Expeditors International (India) (P.) Ltd. (Delhi High Court) Assessee-company was engaged in business of supplying chain management, logistics and freight forwarding related to movement of goods and cargo within India or outside by road, rail, air or ship – It involved activities of packing, loading/unloading, trucking, tenderization, customs clearance and other cargo handling […]

Section 68: Creditworthiness of lender can’t be proved merely on strength of Bank Statement

June 23, 2020 16785 Views 0 comment Print

The issue under consideration is whether AO is correct in treating unsecured loan received by assessee as unexplained credit under section 68?

Losing Party cannot seek an Order under Section 34 of Arbitration Act

June 20, 2020 2943 Views 0 comment Print

A petition under Section 34 of the Act is only for setting aside an Arbitral Award on the limited grounds provided under Section 34 of the Act. Therefore, the mere pendency of Section 34 proceedings cannot afford a ground for a party to assert that it has a dispute regarding contractual performance.

Open GST Portal by 19.06.2020 for filing of Form GST Trans-1: HC

June 17, 2020 1350 Views 0 comment Print

Mangla Hoist P. Ltd. Vs Union of India (Delhi High Court) Admittedly, the judgment in Brand Equity Treaties Limited (supra), has not been stayed so far and therefore, the respondents are under an obligation to abide by the directions issued therein by adequately publicising the said decision and uploading it on their website as also […]

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