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Search results for: Delhi HC

Delhi HC's Order In The Case of Anil Kumar vs. Sales Tax Officer

Delhi HC Cancels GST Order for Lack of Valid Service of Show Cause Notice

The petitioner, Anil Kumar, the proprietor of N.S. Super Mart contested a Show Cause Notice (SCN) on December 15, 2023. Subsequently, an order-in-original was issued on April 3, 2024, under the Delhi GST law. The GST SCN proposed a tax demand of ₹10.91 lakh, citing alleged excess Input Tax Credit (ITC) due to discrepancies between […]

Delhi HC Order In the Case o M/S Fone Zone NXT vs. Commissioner of DGST

Delhi HC: Taxpayer Can’t Shift Burden to CA to Escape GST Penalty for SCN Lapse

The Delhi High Court has thrown out several petitions from taxpayers who were contesting certain decisions related to the Goods and Services Tax (GST). These decisions were made without the taxpayers being present, and some of their bank accounts had been temporarily frozen. The court emphasised that taxpayers cannot escape the effects of these decisions […]

Supreme Court Ms Shiva Enterprises vs. Principal Commissioner

Fake GST ITC Case: Assessee Approaches SC Challenging Delhi HC’s Order

The taxpayer has approached the Apex court contesting the order of the Delhi High Court that dismissed its writ petition and levied Rs 5 lakh after the HC discovered that the applicant had misled the court and tried to evade additional legal measures for the allegedly fake claim of the ITC under the Goods and […]

Delhi HC's Order in the Case of Philco Exports Private Limited vs. Assistant Commissioner of Income Tax, & ORS

Delhi HC: Department Must Refund Tax Recovered Without Serving Demand Notice

The Delhi High Court recently issued a ruling stating that the collection of tax dues is legally invalid unless the assessment order and statutory demand notice are provided. The court directed the tax department to refund the amounts that were recovered, emphasising that the collection was carried out without the proper legal authority. Philco Exports […]

Delhi HC's Order In the Case of M/s Vodafone Idea Limited Vs Assistant Commissioner

Delhi HC Directs Vodafone Idea to File GST Appeal for Refund Due to Wrong State Allocation

The Delhi High Court, in a ruling, directed Vodafone Idea Limited to avail itself of the statutory appellate remedy under the GST law in a ₹10.91 lakh refund dispute arising from tax paid under the wrong state registration, while declining to examine the merits of the refund rejection at the writ stage. Before the Delhi […]

Delhi HC's Order in the Case of Dr Manoj Khanna Vs. Income Tax Office

Delhi HC: Delay in TDS Deposit Does Not Destroy Illegal Penalty Under Section 276B

The Delhi High Court ruled that a delayed deposit of tax deducted at source (TDS) does not relieve a taxpayer or company officials from criminal liability u/s 276B of the Income Tax Act, 1961. Therefore, Justice Amit Mahajan dismissed the petition submitted via a company’s Managing Director, asking to quash a criminal complaint and summoning […]

Delhi HC's Order In Case of Manjit Singh Dhaliwal vs. Commissioner of Income Tax International Taxation 01 New Delhi

Delayed ITR Filing: Delhi HC Denies Canadian Citizen’s Plea, Holds Ignorance of Indian Tax Law No Excuse

The Delhi High Court has ruled that not knowing the tax laws in India is not a valid reason for allowing extra time to file your income tax return u/s 119(2)(b). This decision is based on a specific section of the Income Tax Act from 1961, which states that a genuine hardship must be proven […]

Delhi HC's Order In Case of Kapil Madan vs. Union of India & Ors

Delhi HC: PIL Challenges 18% GST on Air Purifiers, Calls Them Medical Necessities

A Public Interest Litigation (PIL) has been filed before the Delhi High Court seeking a declaration that air purifiers should be categorised as medical devices and not treated as luxury items for the purposes of Goods and Services Tax (GST). The petition contests the charging of 18% GST on air purifiers, calling it arbitrary, unreasonable, […]

Will GST Apply to Medicines Given to Hospital Inpatients? Delhi HC Examines

Will GST Apply to Medicines Given to Hospital Inpatients? Delhi HC Examines

A high-stakes tax dispute involving the healthcare sector has been intervened by the Delhi High Court, questioning whether medicines and consumables given to hospital inpatients can be subjected to Goods and Services Tax (GST).  A Division Bench comprising Justice Prathiba M. Singh and Justice Shail Jain stated that, as a case of practice, hospitals raise […]

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