Delhi High Court
Why Should Delay Interest Not Be Recovered From Your Salary? : Delhi High Court To AO Over 4-Year Delay In Tax Refund
The Delhi High Court on Tuesday (July 28) directed an Assessing Officer to personally explain the four-year delay in taking steps to release over ₹15 crore due to Clix Capital Services Pvt. Ltd. A Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta directed the officer involved to personally appear before the Court and show cause why the interest payable for the delay should not be recovered from his salary.Petitioner-company submitted that the Assessing Officer had passed an...
Revenue's Appeal Against CESTAT's Service Taxability Ruling Lies Before Supreme Court: Delhi High Court
The Delhi High Court has held that an appeal against a CESTAT order determining the taxability of a particular service is not maintainable before the High Court and must instead be filed before the Supreme Court under Section 35L of the Central Excise Act, 1944.A Division Bench of Justices Anil Kshetarpal and Shail Jain relied on Commissioner of CGST and Central Excise, Delhi South v. M/s Spicejet Ltd., SERTA 2/2024 to conclude,“where the CESTAT determines the taxability of a particular service,...
'Something Seriously Amiss': Delhi High Court Flags Delays In Direct Tax Vivad Se Vishwas Refunds
The Delhi High Court on Tuesday (July 28) expressed concern over recurring delays by the Income Tax Department in processing refunds under the Direct Tax Vivad Se Vishwas Scheme, 2024, observing that there was "something seriously amiss" in the system as assessees were routinely approaching the High Court for release of refunds. The Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta directed the Chairman of the Central Board of Direct Taxes (CBDT) to ascertain whether the...
Delhi High Court Temporarily Restrains Aurore Life Sciences From Manufacturing, Selling Ruxolitinib In Patent Suit
The Delhi High Court has temporarily restrained Aurore Life Sciences Pvt Ltd from using, manufacturing, stockpiling, importing, offering for sale, selling, or exporting pharmaceutical products containing Ruxolitinib, a prescription drug used to treat myelofibrosis, a form of bone marrow cancer, in a patent infringement suit filed by Incyte Holdings Corporation and two others.Justice Jyoti Singh passed the ex-parte ad interim injunction after holding that the patent holders had made out a prima...
Delhi High Court To Order Takedown Of Content Infringing Yuvraj Singh's Personality Rights
The Delhi High Court has indicated it will pass an interim order directing takedown of content infringing cricketer Yuvraj Singh's personality rights, while giving uploaders 48 hours to remove the material before intermediaries are asked to step in.Justice Jyoti Singh was hearing a suit filed by Yuvraj Singh on Wednesday seeking protection of his personality rights.Counsel for the cricketer took the Court through a list of infringing links as they stood the previous day, stating that two of them...
S.107 CGST Act | GST Appellate Authority Can Conduct Further Inquiry, Permit Cross-Examination: Delhi High Court
The Delhi High Court has held that the appellate authority under Section 107 of the Central Goods and Services Tax (CGST) Act, 2017 is empowered to conduct such further inquiry as may be necessary while deciding an appeal and, in an appropriate case, can permit cross-examination of witnesses, notwithstanding the statutory bar on remanding matters to the adjudicating authority.The Division Bench of Justices Anil Kshetarpal and Shail Jain made the observation while refusing to entertain a writ...
Delhi High Court Declines Writ Against Ex Parte GST Order, Cites Statutory Appeal
The Delhi High Court has declined to entertain a writ petition challenging an ex parte GST adjudication order. It observed that disputed questions of fact relating to the validity and sufficiency of service of notices under Section 169 of the Central Goods and Services Tax Act, 2017, are more appropriately examined by the statutory appellate authority. A division bench of Justices Anil Kshetarpal and Amit Mahajan was hearing a challenge to an order that imposed a penalty of over ₹2.39 crore on...
Delhi High Court Rejects Revenue's Plea Against SpiceJet Over Foreign Currency Convertible Bond Tax Dispute
The Delhi High Court has dismissed two appeals filed by the Income Tax Department against SpiceJet Ltd., holding that the tax treatment of premium payable on redemption of Foreign Currency Convertible Bonds (FCCBs) is a settled issue.A division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta observed that the issue raised by the Revenue—whether the expenditure on FCCB redemption premium ought to be spread over the five-year life of the bonds instead of being claimed in the first...
Delhi High Court Sets Aside ₹16.74 Crore Tax Disallowance Enhancement Against Sahara India Over Lack of Notice
The Delhi High Court has held that the Commissioner of Income Tax (Appeals) cannot enhance a tax disallowance without first issuing a statutory notice to the assessee, observing that failure to do so violates both Section 251(2) of the Income Tax Act, 1961 and the principles of natural justice.The division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta thus set aside the enhancement of a disallowance from ₹11.05 crore to ₹16.74 crore made against Sahara India Commercial Corporation...
Delhi High Court Orders Winding Up of Paytm Payments Bank On RBI Plea
The Delhi High Court has recently ordered the winding up of Paytm Payments Bank Ltd on a petition filed by the Reserve Bank of India (RBI) under Sections 38 and 39 of the Banking Regulation Act, 1949. The bank had decided not to oppose the regulator's action.Justice Anish Dayal accepted the RBI's plea for winding up the company and appointed Girikumar M. Nair as the Official Liquidator."The prayer of the RBI seeking winding up of the company under Section 38 read with Section 39 of the Banking...
Delhi High Court Admits Appeal On Taxability Of Demonetisation-Era Cash Deposits
The Delhi High Court has admitted the Income Tax Department's appeal against an ITAT order deleting additions to income based on an assessee's cash deposits made during the demonetisation period.A Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta agreed to examine whether the Tribunal rightly deleted the addition under Section 69A of the Income Tax Act, relating to cash deposits made during the demonetisation period, despite the Revenue's contention that the deposits were...