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Delhi High Court

Reopening for taxing transaction with investors having dubious character

October 23, 2019 723 Views 0 comment Print

RDS Project Limited Vs ACIT (Delhi High Court) One is known by the company one keeps. Sh. Tarun Goyal has been established to be engaged in the business of providing accommodation entries. He is the promoter of about 90 companies from the same set of addresses as aforesaid. Amongst the companies promoted by him are […]

CESTAT can be temporary GSTAT if GST Council agrees- Suggestion in Delhi HC

October 21, 2019 936 Views 0 comment Print

He has also made a suggestion that instead of constituting a separate tribunal to deal with GST matters, the CESTAT could be empowered to deal with the same since several cases involve issues relating to customs duties and GST as well.

HC directs Govt to allow appellant to file rectified TRAN-I

October 15, 2019 1068 Views 0 comment Print

Godrej & Boyce Mfg. Co. Ltd. Vs Union of India & Ors. (Delhi High Court) Admittedly there has been a typographical/ clerical error on the part of the petitioner which the petitioner is entitled to correct while filling up the TRAN-I Form, we dispose of this writ petition by directing the Respondents “to either open […]

HC Explains Law for Withholding of IT Refund under Section 241A

October 14, 2019 3357 Views 0 comment Print

Maple Logistics Private Limited & Anr Vs Pr. CCIT (Delhi High Court) Assessing Officer shall, firstly, with reasons, make a prima facie assessment of the probability that additions would be made in the Scrutiny Assessment Proceedings, secondly; he shall make an assessment of the quantum of additions, if any, that may be made to the […]

Proceedings for winding up pending before Company Court can be transferred to NCLT under IBC

October 10, 2019 7155 Views 0 comment Print

The statutory scheme found in Section 434(1)(c) clearly is that the proceedings for winding up pending before the Company Court could be transferred to the NCLT and there is no provision for transfer of proceedings from the NCLT to the Company Court.

GST system is still in a trial and error phase: Delhi High Court

October 8, 2019 3633 Views 1 comment Print

The Tyre Plaza Vs Union of India & Ors. (Delhi High Court) Learned counsel for the Petitioner points out that in the present case, the eligibility of the Petitioner to claim the input tax credit (ITC) has not been doubted by the Respondents. However, for no fault of the Petitioner, despite repeated attempts, it could […]

HC directs GST Commissioner to reflect ITC claim of Petitioner in electronic credit ledger

October 7, 2019 2253 Views 0 comment Print

Sikka Motors Pvt. Ltd. Vs Commissioner, Central Goods And Service Tax & Ors. (Delhi High Court) Learned counsel for the Petitioner points out that in the present case, the eligibility of the Petitioner to claim ITC has not been doubted by the Respondents. However, for no fault of the Petitioner, despite filing the form GST […]

Re-open Portal to enable Petitioner to file its TRAN-1 Form: HC

October 3, 2019 8148 Views 0 comment Print

Chogori India Retail Ltd Vs Union of India And Ors. (Delhi High Court) This Court would not like to get into the issue whether in fact the Petitioner faced difficulty. The transitional credit (TC) available in the account of the Petitioner is a substantial sum. It is not denied by the Respondent that the Petitioner […]

HC allows petitioner to file TRAN-1 Forms again

September 26, 2019 3297 Views 0 comment Print

Kusum Enterprises Pvt. Ltd. & Sanko Gosei Technology India Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) GST Department to either open the portal so as to enable the Petitioners to again file the TRAN-1 Forms electronically, failing which the Department will accept the manually filed TRAN-1 Forms on or before 31st […]

HC permits revision of TRAN-1, waives penalty & interest for late filing of GSTR-3B

September 26, 2019 14151 Views 3 comments Print

M/s Blue Bird Pure Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) In the present case, the Court is satisfied that, although the failure was on the part of the Petitioner to fill up the data concerning its stock in Column 7(d) of Form TRAN-1instead of Column 7(a), the error was inadvertent. […]

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