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Delhi High Court

Online Platform Income Not Taxable as FTS Due to Failure of ‘Make Available’ Test: Delhi HC

April 10, 2026 264 Views 0 comment Print

The case examined whether online learning services involve technical services. The Court ruled that the platform only facilitated access to content and did not provide technical services. The decision clarifies tax treatment of digital platforms.

Reassessment Notice Quashed Due to Incorrect Assumption of Share Transfer: Delhi HC

April 10, 2026 216 Views 0 comment Print

The issue involved reopening based on alleged share transfer through a loan structure. The Court held reassessment invalid as the foundational fact was incorrect.

Interest on customs refund was not automatic depends on delay in processing

April 10, 2026 879 Views 0 comment Print

Interest on customs refund was not automatic and depends on whether there was delay in processing attributable to the department, while granting relief in cases where reassessment and refund were delayed and denying it where refunds were issued within the statutory period.

Writ Petition Dismissed Due to Availability of Alternate GST Appeal Remedy: Delhi HC

April 10, 2026 276 Views 0 comment Print

The Court declined to interfere with the GST demand order as the petitioner had not availed the appellate remedy. It emphasized that disputes relating to adjudication must be addressed through statutory channels. The ruling reinforces the primacy of appellate remedies in tax matters.

Bank Cannot Take Over Project for Absence of Security Over Business Assets: Delhi HC

April 10, 2026 330 Views 0 comment Print

The Court held that the secured creditor’s rights were limited to project receivables and did not extend to management or contractual control. It ruled that the creditor could not challenge termination of the contract. The decision clarifies limits of secured creditor rights under IBC and SARFAESI.

Delhi HC Seeks CBDT Clarification on Tax on Partner’s Remuneration

April 10, 2026 10956 Views 0 comment Print

The Court addressed whether additional remuneration taxed at the firm level can be taxed again in the hands of the partner. It directed CBDT to clarify the issue and stayed recovery proceedings. The ruling highlights concerns over potential double taxation.

Delhi HC to Examine Constitutional Validity of HSNS Cess

April 9, 2026 531 Views 0 comment Print

The petition challenges the validity of a cess law on grounds of lack of legislative competence and arbitrariness. The Court has not ruled yet and has granted time for further submissions, keeping the issue open.

GST Order Set Aside for Failure to Provide Reasons for Rejecting Taxpayer Reply

April 9, 2026 459 Views 0 comment Print

The issue involved an additional tax demand on unbilled revenue. The Court found that the authority failed to consider the reply and remanded the matter for fresh review.

Seized Cash Ordered to Be Released Due to Binding Statement by GST Authorities

April 8, 2026 348 Views 0 comment Print

The issue concerned release of ₹58 lakh seized during GST search. The Court disposed of the petition after authorities agreed to release the amount within ten days, while allowing further legal action if required.

Cash Seizure Challenge Rejected Due to Ongoing GST & Income Tax Proceedings

April 8, 2026 696 Views 0 comment Print

The Court declined interference as proceedings were already initiated by both departments. Petitioners were directed to respond to notices through proper channels.

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