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The Delhi High Court has ruled that Section 260A of the Income Tax Act, 1961, which relates to appeals to High Courts, does not envisage the filing of cross-objections by the opposite party, unlike Order XLI Rule 22 CPC. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar stated that “The Legislature appears […]
The Delhi High Court quashed an order cancelling the Goods and Services Tax (GST) registration of a business noting that these cancellations could not come into force on only allegations without furnishing sufficient reasoning and proof to the aggrieved business. The decision was provided in a writ petition submitted via Rashid Proprietor of MS Enterprises […]
It was carried by the Delhi High Court that Section 129 of the Central Goods & Services Tax Act, 2017 which relates to the detention, seizure, and release of goods while in transit cannot be invoked for assessing penalties for minor breaches, like incomplete e-way bill. A division bench of Justices Yashwant Varma and Harish […]
As per the Delhi High Court, a Final Assessment order passed via the Income Tax Authorities u/s 143 of the Income Tax Act, 1961 is not sustainable, if it is passed in ignorance of pending objections before the Dispute Resolution Panel. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela […]
The Delhi High Court in a ruling limited the retrospective cancellation of the GST registration because of the absence of justification in the impugned order. In the same matter, the writ petitioner, Star Enterprises had enrolled his business with the GST authorities. The proper officer issued a show cause notice on 21.12.2021, and the writ […]
The controversial problem of retrospective cancellation of GST registration for the case of Shree Bankey Bihari Trading Company vs. Principal Commissioner of the Department of Trade and Taxes and Another has been addressed by the Delhi High Court. The ruling of the court mentioned that the restrictions on these cancellations especially concentrate on the effective […]
Section 69A of the income tax act could merely be invoked in which the books of accounts are been maintained, Delhi High Court mentioned. The bench consisting of Justice Rajiv Shakdher and Justice Girish Kathpalia noted that the individual in question, a non-resident Indian, derives income in India from bank interest and income tax refunds […]
The Delhi High Court, in the case of SANTOSH KUMAR GUPTA PROP. MAHAN POLYMERS (The Petitioner) Vs. UNION OF INDIA THROUGH SECRETARY (The Respondent), ordered the refund of GST paid involuntarily and under coercion. The person filing this petition operates a PVC resin trading business called M/s Mahan Polymers as a sole proprietorship. Registered under […]
The Delhi High Court has ordered a review of the request to change the Goods and Services Tax (GST) registration and reverse the cancellation of the petitioner’s registration. The court found that both applications were disapproved without stating any explanation. The petitioner, a company called M/S Sai Aluminium Exim is the applicant in this case […]
