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Delhi High Court

TDS u/s 195 not deductible as no income of non-resident is chargeable to tax

September 1, 2023 4851 Views 0 comment Print

Delhi High Court held that since no income chargeable to tax arose in the hands of the non-resident, as per the provisions of the Act, there was no obligation to deduct tax at source under Section 195 of the Act. Accordingly, disallowance u/s 40(a)(i) unjustified.

Claim Refund in Form DVAT-21 If Not Claimed in Return: Delhi HC

September 1, 2023 759 Views 0 comment Print

Delhi High Court held that as per Rule 34 of the Delhi Value Added Tax Rules, 2005, a claim for refund of tax is liable to be made in Form DVAT-21 only if such a refund is not claimed in the return itself.

Order to cancel GST registration without specifying reason is not sustainable

September 1, 2023 1602 Views 0 comment Print

Singla Exports Vs Central Board of Indirect Taxes And Customs & Ors. (Delhi High Court) In a significant judgment, the Delhi High Court in Singla Exports v. Central Board of Indirect Taxes and Customs & Ors [W.P.(C) 2732 of 2023 dated August 09, 2023] has set aside an automated order which led to the cancellation […]

Appellant Isn’t an Intermediary Without Facilitating Third-Party Services

September 1, 2023 1407 Views 0 comment Print

Delhi High Court rules in Boks Business Services Pvt Ltd Vs CGST on determining ‘intermediary’ under the IGST Act. Understand the principal service provider role.

Entire GST Refund Can’t Be Denied Due to One Supplier’s Irregularity

September 1, 2023 726 Views 0 comment Print

Analysis of Delhi HC judgment on GST refund where a supplier was found non-existent. A pivotal decision ensuring rightful GST claims aren’t denied.

Section 67(2) of CGST Act doesn’t grant officers authority for cash seizures

August 31, 2023 1713 Views 0 comment Print

In Rajeev Chhatwal vs Commissioner of Goods and Services Tax (East), case, Delhi High Court addressed contentious issue of whether officers have authority under Section 67(2) of CGST Act to seize cash.

Delhi HC stays Income Tax Reassessment Against Oxfam India

August 31, 2023 555 Views 0 comment Print

Delhi High Court intervenes in Oxfam India’s tax reassessment case, issuing a stay on proceedings. A comprehensive analysis of the Delhi HC order and its implications.

Oath recorded by Unauthorized Officer Has No Evidence Value: Delhi HC

August 31, 2023 435 Views 0 comment Print

Delhi High Court decides on the admissibility of evidence in PCIT Vs ARN Infrastructure, emphasizing officer authorization & corroborative evidence.

Commissioner Holds Exclusive Power for Bank Account Attachment under CGST Act

August 30, 2023 1326 Views 0 comment Print

Delhi HC rules that only the Commissioner has the authority under the CGST Act to order the attachment of a bank account. Details on Vikas Enterprises case.

Non-adjudication of notice within time limit prescribed u/s 28(9) of Customs Act is unsustainable

August 29, 2023 5544 Views 0 comment Print

Delhi High Court held that in terms of section 28(9) of the Customs Act the show cause notice needs to be adjudicated within a period of six months or within one year. Adjudication of notice after expiry of the said period is time-barred.

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