Tag Archives: New Delhi

DGAP’s Purchase-Value and Per-Square-Foot Methodology for Determining Additional Anti-Profiteering ITC Benefit Is Sustainable

By | October 28, 2026
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DGAP’s Purchase-Value and Per-Square-Foot Methodology for Determining Additional Anti-Profiteering ITC Benefit Is Sustainable Issue Whether the DGAP’s anti-profiteering computation methodology—comparing pre-GST and post-GST credit and purchase values to arrive at a 1.70% additional ITC benefit and allocating it on a per-square-foot basis—is legally and factually sustainable under Section 171 of the CGST Act. Whether pre-GST… Read More »

Amendment in Rules of High Court

By | October 21, 2026
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Amendment in Rules of High Court Delhi Gazette SG-DL-E-17102026-277254 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 28] NEW DELHI, THURSDAY, OCTOBER 15, 2026/ASVINA 23, 1948 [N. C. T. D. No. 250 HIGH COURT OF DELHI: NEW DELHI NOTIFICATION Delhi, the 15th October, 2026 F. No. 109/Rules/DHC.— In exercise of the powers conferred by Section 7 of the… Read More »

Bank Cannot Priority-Claim Benami Property When Unencumbered Borrower Assets are Sufficient for SARFAESI Recovery

By | October 16, 2026
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Bank Cannot Priority-Claim Benami Property When Unencumbered Borrower Assets are Sufficient for SARFAESI Recovery Issue Whether a secured creditor bank under the SARFAESI Act has priority to enforce its mortgage over a property attached as benami under the PBPT Act, when the benamidar had no legal right to mortgage the property and the bank holds… Read More »

Reviews applicants’ routing of demonetized cash through benamidars back to themselves constitutes a valid benami transaction

By | October 13, 2026
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Reviews applicants’ routing of demonetized cash through benamidars back to themselves constitutes a valid benami transaction Issue Whether the definition of a ‘benami transaction’ under Section 2(9)(A) of the Prohibition of Benami Property Transactions Act, 1988 requires concealment of the beneficial owner or future benefit to a third party, or whether providing consideration for property… Read More »

Provisional Attachment Order under PBPT Act Quashed due to Approval Preceding Section 24 Notice

By | September 28, 2026
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Provisional Attachment Order under PBPT Act Quashed due to Approval Preceding Section 24 Notice Issue Whether a Provisional Attachment Order and its subsequent confirmation under Section 24 of the Prohibition of Benami Property Transactions Act, 1988 are valid when the approval of the Approving Authority under Section 24(3) was obtained prior to issuing the foundational… Read More »

Allotment and buy-back of equity shares known to alleged benamidars does not constitute a benami transaction.

By | September 12, 2026
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Allotment and buy-back of equity shares known to alleged benamidars does not constitute a benami transaction. Allotment and buy-back of equity shares known to alleged benamidars does not constitute a benami transaction. Issue Whether creation of trade payables, conversion into securities premium, and allotment/buy-back of shares known to job workers fall under Section 2(9)(C) of… Read More »

Post-GST Input Cost Escalation Offsets Additional ITC Benefits, Resulting in Nil Profiteering for Developer

By | September 7, 2026
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Post-GST Input Cost Escalation Offsets Additional ITC Benefits, Resulting in Nil Profiteering for Developer Issue Whether a real estate developer contravenes Section 171 anti-profiteering provisions when additional Input Tax Credit (ITC) accrued post-GST transition is completely offset by genuine commercial input cost escalations. Facts Complaint: A homebuyer alleged that the respondent developer failed to pass… Read More »

Provisional Attachment Upheld as Fund Transfer for Alleged Gold Sale During Demonetization Constituted Benami Transaction

By | September 5, 2026
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Provisional Attachment Upheld as Fund Transfer for Alleged Gold Sale During Demonetization Constituted Benami Transaction Provisional Attachment Upheld as Fund Transfer for Alleged Gold Sale During Demonetization Constituted Benami Transaction Issue Whether the receipt of ₹25 lakhs via RTGS from a benami entity’s bank account—allegedly towards the sale of gold without proper KYC, delivery proof,… Read More »

No Anti-Profiteering Contravention as Post-GST Cost Escalation Fully Offset Additional Input Tax Credit Benefits

By | September 4, 2026
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No Anti-Profiteering Contravention as Post-GST Cost Escalation Fully Offset Additional Input Tax Credit Benefits No Anti-Profiteering Contravention as Post-GST Cost Escalation Fully Offset Additional Input Tax Credit Benefits Issue Whether respondent developer contravened anti-profiteering provisions under Section 171 of CGST Act in project ‘Vertex Panache’ by failing to pass on additional Input Tax Credit benefits… Read More »

Pre-Deposit Relatable to Dropped Tax Demand Must Be Refunded Proportionately After First Appeal Success

By | September 2, 2026
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Pre-Deposit Relatable to Dropped Tax Demand Must Be Refunded Proportionately After First Appeal Success Pre-Deposit Relatable to Dropped Tax Demand Must Be Refunded Proportionately After First Appeal Success Issue Whether an assessee is entitled to a proportionate refund of the mandatory pre-deposit made under Section 107 of the CGST/MGST Act, 2017 to the extent a… Read More »