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Search results for: Delhi high court

Delhi HC's Order for Modi Rubber Ltd

Delhi High Court Upholds Tax Penalty Decision for Omitting U/S Section 271(1)(c) Specification

The Delhi High Court has upheld the decision to remove the penalty imposed for the failure to specify the specific provision of Section 271(1)(c) of the Income Tax Act under which the penalty was imposed. In this case, the respondent/assessee, Modi Rubber Ltd, provided inaccurate details regarding the disallowance of various additions made by the […]

Orissa HC's Order In the Case of Debasis Nandi vs Commissioner of Commercial Taxes and GST

Orissa High Court Quashes Rejection of GST Appeal Filed with Minor Delay

The Orissa High Court, in a ruling, set aside the rejection of a GST appeal filed with a short delay, holding that sufficient cause was shown and that the principles of natural justice require giving the taxpayer an opportunity to explain the delay. The applicant, Debasish Nandi, submitted the writ petition contesting the rejection order […]

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 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 […]

Delhi ITAT's Order in The Case of Motorola Solutions India Private Limited vs. The Deputy Commissioner of Income Tax

Delhi ITAT Quashes Time-Barred Assessment; DRP Proceedings Section 144C Can’t Extend Limitation U/S 153

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) ruled that the actions taken by the Dispute Resolution Panel (DRP) under Section 144C of the Income Tax Act, 1961, do not supersede or prolong the limitation period outlined in Section 153 of the Income Tax Act, 1961. Motorola Solutions India Private Limited submitted the […]

Calcutta HC's Order In the Case of Sk. Amir Chand vs The State of West Bengal

Calcutta High Court Allows Assessee’s Revocation Plea Against GST Registration Cancellation

The Calcutta High Court has permitted a revocation application of the applicant before a proper officer in a case of the cancellation of his Goods and Services Tax (GST) registration. Due to the incorrect claim of the ITC in breach of Section 16 of the GST Act, 2017, the registration was cancelled. The court did […]

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 […]

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