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Delhi High Court

TDS Mismatch Not Sufficient to Reject Return or Deny Refund: Delhi HC

July 24, 2025 627 Views 0 comment Print

Delhi High Court rules that a tax refund cannot be denied for a TDS mismatch if the assessee timely filed a revised return, and revenue neither rejected it nor communicated defects.

No Section 50C Addition if Consideration Follows Pre Circle Rate Hike Agreement

July 24, 2025 906 Views 0 comment Print

The Delhi High Court has dismissed an appeal by the PCIT against Thomson Press (India) Ltd, upholding that Section 50C applies based on circle rates at the time of agreement to sell, not the later sale deed.

Receipt of payment cannot be qualified as FTS merely because service require technical expertise

July 24, 2025 840 Views 0 comment Print

Delhi High Court held that payments received for services that may require technical expertise, technical inventions or technology would not qualify as Fees for Technical Services under Article 13 of the India-UK DTAA. Accordingly, appeal allowed.

Ex-Parte GST Orders Invalid if SCN uploaded solely on ‘Additional Notices Tab’ without ensuring petitioner’s awareness

July 24, 2025 1218 Views 0 comment Print

 Delhi High Court rules ex-parte GST orders are invalid if the Show Cause Notice was only uploaded to the ‘Additional Notices Tab’ on the GST portal, without proper notification.

Bank Account Freeze: Repeated GST Sec. 83 Invocation Without Fresh Material invalid

July 23, 2025 735 Views 0 comment Print

Delhi High Court quashes provisional bank account attachment against Mansi Overseas, citing a lack of justification under Section 83 of the CGST Act.

Notice u/s. 148A(d) issued beyond time prescribed u/s. 149(1)(a) is untenable-in-law

July 23, 2025 1032 Views 0 comment Print

The AO is a deciding authority. In the present case, it is apparent that the AO had decided that it was not a fit case for issuance of a notice under Section 148 of the Act but had, thereafter, revised the said decision apparently on the basis of an approval of the specified authority.

Detention of worn jewellery untenable as covered within ambit of personal effects

July 22, 2025 735 Views 0 comment Print

Delhi High Court held that the used jewellery worn by the passenger would fall within the ambit of personal effects in terms of the Baggage Rules, 2016. Accordingly, the same would be exempt from detention by the Customs Department.

Delhi HC Grants Interim Relief on GST Penalty Retrospective Application

July 22, 2025 981 Views 0 comment Print

Delhi High Court provides interim relief, stating GST penalty under Section 122(1A) cannot be applied retrospectively for pre-2021 transactions.

Share Value Difference on Exchange for NPO Interest Not Taxable as Perquisite

July 20, 2025 288 Views 0 comment Print

High Court holds reassessment invalid; share value difference on exchange for interest in a not-for-profit entity not taxable as perquisite under Section 2(24)(iv).

Delhi HC Allows Consolidated GST Appeal for Two Firms

July 20, 2025 420 Views 0 comment Print

The Delhi High Court has permitted Delhi Foils and Abinox Industries to file a single consolidated appeal against a common GST demand order, granting time for pre-deposit.

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