Delhi High Court

Delhi HC unsatisfied with non-operationalisation of GSTR-9/9A/9C form for FY 2018-19

Sales Tax Bar Association (Regd.) & Anr Vs Union of India (Delhi High Court)

Sales Tax Bar Association (Regd.) & Anr Vs Union of India (Delhi High Court) Learned counsel for the petitioner also submits that in respect of the financial year 2018-19, the GSTR 9, GSTR 9A and GSTR 9C Form have still not been uploaded and, consequently, even though the last date of filing of the same […]...

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Section 14(1A) of SARFAESI not bars appointment of advocates as receivers

Rahul Chaudhary Vs Andhra Bank and Ors. (Delhi High Court)

The insertion of sub-section (1A) in Section 14 of SARFAESI Act, the only change that has been brought about is that the District Magistrate/CMM has now the discretion to appoint even their subordinate officers as receivers. Pertinently, sub-section (1A) of Section 14 does not bar the appointment of advocates as receivers. The same positi...

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Drawback on re-exports – GR declaration when not required

International Lease Finance Corporation Vs Union of India & Ors. (Delhi High Court)

International Lease Finance Corporation Vs Union of India & Ors. (Delhi High Court) Delhi High Court has held that non-commercial re-export of duty-paid goods would be entitled to drawback under Section 74 of the Customs Act and that requirement of Guaranteed Remittance was not necessary in a case where the exporter and owner of the [...

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Seizure, absence of SCN | Right to unconditional release when not available

Wide Impex Vs Principal Commissioner of Customs (Import) (Delhi High Court)

Delhi High Court has observed that second proviso to Customs Section 110(2), stating that in case of provisional release, period of 6 months for SCN would not apply, is to make sure that at least seized goods are provisionally released quickly. The Court held that 2nd proviso, inserted by Finance Act, 2018, did not take away what was alre...

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HC allows Manual Rectification of Form GSTR-1

Vadehra Builders Pvt. Ltd. Vs Union of India & Anr. (Delhi High Court)

Subject to final outcome of the writ petition, we permit the petitioner to rectify the return in GSTR 1 Form for the period November, 2017  in respect of the six recipients noted in the tabulation hereinabove, by correcting their GSTIN Nos....

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Open portal to enable Petitioner to file TRAN-1 or accept manually: HC

Vass Impex Vs Union of India & Ors. (Delhi High Court)

Vass Impex Vs Union of India & Ors. (Delhi High Court) in CBIC circular dated 3rd April, 2018 It has been decided that all such taxpayers, who tried but were not able to complete TRAN-1 procedure (original or revised) of filing them on or before 27.12.2017 due to IT-glitch, shall be provided the facility to […]...

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Essential parts can be treated as complete goods for customs but not for Motor Vehicle Act

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court)

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court) In a case involving import of essential parts for assembling e-rickshaw, Delhi High Court has held that Rule 2(a) of Interpretative Rules, treating unfinished articles as complete. The High Court observed that legal fiction created by a statute cannot be extended [...

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 MTNL No Longer eligible for Exemption From Provident Fund Act

Mahanagar Telephone Nigam Ltd. Vs Union Of India & Ors. (Delhi High Court)

Mahanagar Telephone Nigam Ltd. Vs Union Of India & Ors. (Delhi High Court) In the present case, respondent no.3 was satisfied while granting relaxation that the establishment may be eligible for granting exemption by the appropriate authority and thus the relaxation order was issued at that point in time in the year 1988. However, it ...

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

Godrej & Boyce Mfg. Co. Ltd. Vs Union of India & Ors. (Delhi High Court)

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 […]...

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S. 147/148 AO cannot review his decision & reopen on a change of opinion

BPTP Limited Vs PCIT (Delhi High Court)

BPTP Limited Vs PCIT (Delhi High Court) Section 147 of the IT Act does not allow the reassessment of an income merely because of the fact that the assessing officer has a change of opinion with regard to the interpretation of law differently on the facts that were well within his knowledge even at the […]...

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