The Delhi High Court has directed tax authorities to immediately disburse a Goods and Services Tax (GST) refund to Kunal International ruling that the government cannot withhold the payment while awaiting the constitution of the GST Appellate Tribunal. This summary examines the court decision and its implications.
The Delhi High Court has directed tax authorities to refund ₹28.84 lakh to the legal heir of a deceased proprietor, ruling that an appellate authority’s order must be complied with unless stayed by a superior court.
Delhi High Court held that section 69 and section 70 of the Central Goods and Services Tax Act, 2017 which provides for power to arrest and power to summons is constitutionally valid as the Parliament has the legislative competence to enact the provisions u/s. 69 and 70 of the CGST Act.
Delhi High Court held that exemption from Basic Customs Duty [BCD] admissible in case of WAPs import employing either Multiple Input/ Multiple Output (MIMO) or Long Term Evolution (LTE) standards prior to amendment brought vide Finance Act, 2021.
Delhi High Court held that writ jurisdiction not entertained as the case involved fraudulent availment of Input Tax Credit under GST. Accordingly, petition dismissed and petitioner permitted to file an appeal before appellate authority.
Delhi High Court held that any award passed by an arbitrator unilaterally appointed by an interested party is vitiated. Accordingly, ex-parte arbitral award passed is liable to be set aside.
The Delhi High Court allowed a petition in Aashna Singhal vs. Principal Commissioner of GST, ruling that a provisional attachment of a bank account ceased to be valid after one year as per Section 83(2) of the GST Act.
Delhi High Court ruled that a penalty under Section 271E was time-barred, clarifying that limitation period begins with Assessing Officer’s initiation.
Delhi High Court held that when the transaction is one of trading in land and no specific remuneration is fixed in the deal for acquisition of land, the same would not be liable to service tax. Accordingly, appeal of revenue dismissed.
Delhi High Court held that strict application of rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not justified since quantity of Ganja recovered is marginally above threshold of commercial quantity under NDPS Act. Accordingly, bail application allowed.
