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Delhi High Court

No Penalty for Late Filing of GST Returns from date of application for revocation till revocation

April 19, 2023 1653 Views 0 comment Print

Sh. Ishwar Chand Proprietor of M/S Bhagwati Trading Co. Vs Union of India (Delhi High Court) The controversy in the present petition relates to levy of penalty for late filing of the GST returns, for the period the petitioner was disabled from doing so, on account of cancellation of its GSTIN registration. It is the […]

Section 270AA Application cannot be rejected without giving opportunity of hearing to applicant

April 19, 2023 1263 Views 0 comment Print

Rohit Kapur Vs PCIT (Delhi High Court) The proviso to Sub-section(4) of Section 270AA of the Act makes it amply clear that before an application is rejected, the applicant must be given an opportunity of being heard. In the present case, there is no dispute that the petitioner was not afforded the said opportunity.  In […]

Section 73 and 74 provides for Recovery of erroneous GST refund

April 19, 2023 6573 Views 0 comment Print

Section 73 and 74 of CGST Act also provide for recovery of refund where the same has been erroneously granted.

Evergreening or layering of patent protect is impermissible under Indian Patent Law

April 18, 2023 1467 Views 0 comment Print

Delhi High Court held that filing of multiple patent claims in respect of the same invention amounts to evergreening or layering of patent protection, which is impermissible under the Indian Patent Law.

Import conditions not violated for use of imported aircraft by non-scheduled (passenger) services

April 18, 2023 768 Views 0 comment Print

Delhi High Court held that as per explanation inserted to Condition No. 104, exemption condition would be satisfied if the aircraft imported is used for non-scheduled (passenger) services or non-scheduled (charter) services. Accordingly, use of imported aircraft by non-scheduled (passenger) services, shall not be construed to be a violation of conditions of imports at concessional rate of duty.

Section 148A(d) order set-aside by HC as Assessee not been provided documents based on which allegations levelled

April 18, 2023 1323 Views 0 comment Print

Shukla Enterprises Private Limited Vs ACIT (Delhi High Court) Writ petition is directed against order dated 29.07.2022 passed under Section 148A(d) and the consequential notice dated 30.07.2022 passed under Section 148 of the Income Tax Act, 1961. Besides this, challenge is also laid to the show cause notice dated 25.05.2022 issued under Section 148 A(b) of […]

GST: Order directing GAIL to pay sum which is not due and payable is unsustainable

April 18, 2023 786 Views 0 comment Print

Delhi High Court held that impugned order directing GAIL to pay a sum of money which is not due and payable by GAIL is not sustainable.

Reassessment based on Tax Evasion Petition: HC refers matter back to AO

April 18, 2023 1113 Views 0 comment Print

Record shows that reassessment proceedings have been triggered based on information received by respondent/revenue via a Tax Evasion Petition (TEP).

GST registration cancellation SCN without Specific Allegation is not valid

April 18, 2023 909 Views 0 comment Print

Show cause notice must clearly state allegations that concerned noticee has to meet. Any notice that does not qualify this criterion, cannot be considered as a SCN

Notification imposing GST on fare of auto rickshaws booked via electronic platforms like UBER is valid

April 17, 2023 1872 Views 0 comment Print

Delhi High Court held that Notifications withdrawing the exemption from the ECOs and making the levy of GST, on the fare of non-air-conditioned stage carriage ticket booked through the electronic platform like UBER is constitutionally valid.

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