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Search results for: New Delhi HC

Delhi GSTAT's Order In the Case of PAN Realtors Pvt. Ltd. Vs. DGAP

GST | Delhi GSTAT Orders Realtor to Refund Profiteered ITC with Interest to Homebuyers

The Principal Bench of the Delhi GSTAT directed a realtor to refund profiteered input tax credit (ITC) of Rs 40,096 along with applicable interest to 1,865 eligible homebuyers, after confirming that the developer had violated the anti-profiteering provisions under section 171 of the CGST Act, 2017. The GSTAT ruling has arrived against an appeal submitted […]

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 […]

Calcutta HC's Order in The Case Of IVL Dhunseri Petrochem Industries Private Limited vs. Union of India & Ors

Calcutta HC Suspends IT Reassessment Section 148 Over Ignored Reply to Notice U/S 133(6)

The Calcutta High Court has stayed reassessment proceedings initiated u/s 148 of the Income Tax Act, 1961, for the AY 2021-22, on a prima facie basis, that the reassessment notice seemed to have been issued without acknowledging the taxpayer’s detailed replies provided earlier in reply to a notice u/s 133(6) of the Income Tax Act. […]

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 […]

Calcutta HC's Order In the Case of Lakshmi Narayan Shah vs. State of West Bengal

Calcutta HC: GSTAT Can’t Enhance GST Penalty Without Giving Hearing Opportunity U/S 107(11)

The Calcutta High Court has partly refused an appellate order given under the West Bengal GST regime. The HC figured that the appellate authority unlawfully raised the assessee’s tax penalty without furnishing the requisite option for a hearing, thereby violating Section 107(11) of the CGST and WBGST Act of 2017. The bench of Justice Om […]

Allahabad HC's Order In the Case of Mohd. Salman vs. State Of U.P.

Allahabad HC Closes Tax Writ Noting Operationalisation of GST Appellate Tribunal

The Allahabad High Court has closed a case related to the Goods and Services Tax (GST) system, noting that the GST Appellate Tribunal (GSTAT) is now properly set up and functioning. Previously, the tribunal wasn’t operational, which meant that taxpayers had to go to the High Courts for quick solutions to their problems. The bench […]

Gauhati HC's Order in The Case of M/S McLeod Russel India Limited vs. The Union of India

Gauhati HC: GST Tax Credit Cannot Be Denied to Bona Fide Buyers for Supplier Defaults

The Gauhati High Court, in a ruling addressing one of the most litigated issues under the Goods and Services Tax regime, has held that input tax credit (ITC) cannot be denied to a bona fide purchaser merely because the supplier failed to upload invoices or file appropriate returns. The Court observed that shifting the consequences […]

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 […]

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