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Delhi High Court

Denial of IGST refund for export goods through Foreign Post Offices

November 10, 2020 2937 Views 0 comment Print

Petitioner states that the refund has been denied to the petitioner on the sole ground that petitioner had exported goods through Foreign Post Offices in August and September 2017, while Notification dated 04th June, 2018 read with circular no. 14/2018-Customs dated 04.06.2018 has notified exports by post Regulations, 2018 w.e.f. 21st June, 2018 which provides for an entry to be presented to proper officer at the Foreign Post Office of clearance.

Refund for Export of Goods Can’t be Rejected Merely for export of Goods through Foreign Post Office

November 10, 2020 3012 Views 0 comment Print

The issue under consideration is whether the denial of the refund to the petitioner against exports of goods outside India on the sole ground that petitioner had exported goods through Foreign Post Offices is justified in law?

HC approves SVLDRS-1 despite Clerical Error considering it as unintentional

November 8, 2020 2646 Views 0 comment Print

The issue under consideration is whether any clerical or arithmetical error made by an applicant in SVLDRS-1 also falls within the ambit of Section 128 of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019?

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

November 6, 2020 5160 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 2295 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 4317 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 1086 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 1188 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 3153 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 1632 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 […]

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