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Delhi High Court

HC allows Patanjali to deposit profiteered amount in 6 installments

July 24, 2020 1362 Views 0 comment Print

Due to COVID-19 pandemic high court approves that Patanjali can deposits the amount of penalty in question in the consumer welfare fund in six monthly installments.

HC directs GST department to accept bank guarantee & release freeze bank account

July 24, 2020 1947 Views 0 comment Print

Uflix Industries Vs Union of India & Ors. (Delhi High Court) Present writ petition has been filed challenging the attachment orders dated 18th March, 2020 and 10th June, 2020 passed by respondent no. 3 attaching the bank account of the Petitioner on the grounds that they have been issued without jurisdiction as well as authority […]

HC denies relief in section 147 proceedings for not replying notice for 6 Months

July 24, 2020 1530 Views 0 comment Print

he Supreme Court in GKN Driveshafts (India Ltd.) v. Income Tax Officer 259 ITR 19 (SC) has clarified that when a notice under Section 148 of the Income Tax Act is issued, the proper course of action for the notice is to file a return and if he so desire, to seek reasons for issuing notices.

Deficiency in GST refund application cannot be raised at belated stage

July 22, 2020 3537 Views 0 comment Print

Jain International Vs Commissioner of Delhi Goods (Delhi High Court) Admittedly, till date the petitioner‟s refund application dated 4th November, 2019 has not been processed. As neither any acknowledgment in FORM GST RFD-02 has been issued nor any deficiency memo has been issued in RFD-03 within time line of fifteen days, the refund application would […]

Delhi HC grant Refund along with Interest in case of Zero Rated Supply after 15 days

July 22, 2020 4302 Views 0 comment Print

The issue under consideration is whether the non issuance of refund after 7 days from the date of acknowledgment in case of zero rated supply u/s 90 is justified in law?

GST: No coercive steps for recovery without following adjudication process: HC

July 22, 2020 3486 Views 0 comment Print

Rishi Bansal Vs Union of India (Delhi High Court) FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 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 challenging the letter dated […]

Appeal preferred on merits cannot be rejected merely due to delay: HC

July 21, 2020 1878 Views 0 comment Print

Sachin Enterprise Vs Assistant Commissioner (Delhi High Court) Keeping in view the aforesaid order dated 20th July, 2020 passed by a Coordinate Division Bench, we are not inclined to entertain the present petition when the petitioner has an equally alternate efficacious remedy of preferring an appeal before the Additional Commissioner, GST. The present petition is […]

HC cannot be approached without exhausting the remedy of appeal if order is Appealable

July 20, 2020 1092 Views 0 comment Print

Opening page of the impugned order itself makes it abundantly clear that the said order is appealable before the Additional Commissioner, GST and instead of exhausting the remedy of appeal available to the petitioner, it has directly rushed to this court, which is impermissible.

HC declines to Grant stay on Recovery of Profiteered Amount

July 20, 2020 684 Views 0 comment Print

Delhi HC decision on GST profiteering case – Apex Meadows Pvt. Ltd. vs Union of India. Stay granted on recovery, penalty proceedings stayed.

GST Anti-profiteering- Delhi HC stays NAA order asking Reckitt to deposit Rs 63 lakh

July 20, 2020 2349 Views 0 comment Print

In the latest anti profiteering case of pharma major Reckitt Benckiser over alleged profiteering of 63 lakh from the sale of Dettol handwash between 2017 to 2019, Hon’ble Delhi High court has stayed the order of National anti-profiteering authority for deposit of alleged profiteering amount in the consumer welfare fund. 

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