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Delhi High Court

Adjustment towards interest on receivables unjustified as assessee is debt free company

December 7, 2023 612 Views 0 comment Print

Delhi High Court held that the assessee company being a debt free company the question of receiving any interest on receivables did not arise. Accordingly, the adjustment made by AO on account of interest on outstanding receivables. Writ dismissed as no substantial question of law arose.

Charge Memorandum issued against Commissioner on allowing unsubstantiated sub-contract expenses by wrong finding was upheld by HC

December 7, 2023 591 Views 0 comment Print

Since the inquiry had already been completed and the applicant had also filed her representation on the Inquiry Report, UPSC advice had also been given to the applicant to submit her representation, the applicant has had the opportunity to put forward her case including all relevant evidence and documents in support of her defence. Thus the disciplinary proceedings were at the final stage and the Charge Memorandum had been rightly issued.

SCN without specifying grounds of GST registration cancellation: Delhi HC directs reconsideration 

December 7, 2023 1317 Views 0 comment Print

Explore the Delhi High Court judgment on Sai Aluminium Exim vs PR Commissioner of GST. Learn about the reconsideration of GST registration cancellation without specific reasons, legal analysis, and implications.

Non-deposition of deducted TDS by employer cannot be recovered from employee

December 6, 2023 3006 Views 0 comment Print

Delhi High Court held that non-deposition of deducted tax with the revenue by the employer cannot be recovered from employee as employee after accepting salary post TDS deduction doesn’t have any control over it.

Revenue Department Lacks Power to Seize Cash under CGST Act Section 67: Delhi HC

December 6, 2023 858 Views 0 comment Print

Explore Gunjan Bindal case where Delhi High Court rules against Revenue Department’s cash seizure under Section 67 of CGST Act. Detailed analysis, implications, and judgment insights.

ED Directed to Grant 24-Hour Notice for Summons, Considering Petitioner’s Age & Health

December 6, 2023 2103 Views 0 comment Print

Delhi High Court in matter involving Law Minister of the State of West Bengal in illegal coal excavation case directed Directorate of Enforcement (ED) to summons the petitioner at its Kolkata Office by giving at least 24 hours notice considering the age and medical status of the minister.

Section 14A disallowance unjustified with ample interest-free funds for investments

December 5, 2023 1017 Views 0 comment Print

Delhi High Court held that tribunal rightly deleted disallowance made by AO u/s. 14A of the Income Tax Act read with rule 8D of the Income Tax Rules as assessee had sufficient interest-free funds available with it to make investment.

Permission to travel abroad not granted as investigation in hawala transactions pending

December 4, 2023 549 Views 0 comment Print

Delhi High Court did not granted permission to travel abroad to the petitioner involved in hawala transactions as investigation in FIR registered by Special Cell (EOW) and ECIR registered by the Directorate of Enforcement is pending and petitioner has not placed on record any cogent reason to travel abroad.

Duty demand on leftover liquor stock sustained as duty evaded behind cloak of different companies

December 2, 2023 411 Views 0 comment Print

Delhi High Court held that liquor being sold by different companies incorporated by appellant. Accordingly, manufacturer and seller of the liquor was one and entire attempt was to avoid payment of excise duty by hiding behind the cloak of different companies. Hence, demand of excise duty on leftover stock upheld.

SCN not mention delayed payments or specify alleged non-existent dealer: HC Set-aside order

December 1, 2023 618 Views 0 comment Print

Delhi High Court orders re adjudication in Omkara Footwear case, challenging rejection of refund appeals for non-existent entity and delayed payment. Full judgment analysis.

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