Delhi High Court
Use Term ‘Staff Contribution’ Instead Of Service Charge, Amount Can’t Be More Than 10% Of Total Bill: Delhi HC To Members Of Restaurant Association
The Delhi High Court has directed the members of Federation of Hotel and Restaurant Associations of India to only use the term “Staff Contribution” for the amount being charged as “service charge” currently.Justice Prathiba M Singh added that the amount being charged as “staff contribution” shall not be more than 10% of the total bill amount excluding the GST component. “…....
Issuing Fake Invoices For GST Evasion Is Economic Offence Which Needs To Be Viewed Seriously, Poses Threat To Country’s Economy: Delhi High Court
The Delhi High Court has observed that issuing fake invoices and e-way bills for GST evasion is an economic offence involving loss to the public exchequer which needs to be viewed seriously. Justice Amit Bansal made the observation while denying anticipatory bail to a chartered accountant accused of forgery and GST evasion by creating false invoices issued by non-existent entities.“In...
GST | Show Cause Notice Must Clearly Indicate Reasons For Which Registration Cancellation Is Proposed: Delhi High Court
Delhi High Court has recently set aside show cause notice proposing to cancel GST registration and the consequential order cancelling the same on the ground that reasons for cancelling registration of assesee were not clearly mentioned in the show cause notice. A bench comprising of Justices Vibhu Bakhru and Amit Mahajan held “At the least, the Show Cause Notice must clearly indicate...
‘Mental Cruelty’ Wide Enough To Include ‘Financial Instability’ Of Spouse: Delhi High Court
The Delhi High Court has ruled that term “mental cruelty” is wide enough to take within its ambit the “financial instability” of a spouse. “In the present case, it is easy to decipher the mental trauma as the appellant [wife] was working and the respondent [husband] was not working. There was a huge disparity in the financial status of the appellant and the respondent. The...
Delhi Govt Addressing Immediate Healthcare Requirements Of Animals, Investing In Training Of Veterinary Personnel: High Court Observes
The Delhi High Court has said that the Delhi Government is addressing the immediate healthcare requirements of animals and is also investing in the training and skill development of veterinary personnel through construction of a veterinary college.A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also said that the government is seized of the threat posed...
Delhi High Court Limits Adjustment Of Tax Refunds Against Disputed Demands At 20%
The Delhi High Court has limited the adjustment of tax refunds against disputed demands to 20%.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the action of the AO in adjusting the refund due to the petitioner/assessee for AY 2022–23 against the disputed demands for AYs 2011–12, 2012–13, and 2014–15 was not only hasty but was also contrary to...
SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC
The Delhi High Court has observed that the Specific Relief (Amendment) Act, 2018, has changed the nature of specific relief from an equitable, discretionary remedy to a statutory remedy and has made specific performance of a contract a general rule rather than an exception.A division bench of Justice Manmohan and Justice Saurabh Banerjee said that the 2018 Amendment Act has brought the...
Gender-Based Assumption In Favour Of Female Accused Without Valid Ground Goes Against Core Principles Of Justice System: Delhi High Court
The Delhi High Court has observed that gender based assumptions in favour of a female accused, without any substantive basis or valid grounds, goes against the core principles of our justice system.“Our legal system is founded on the principle of gender neutrality, unless otherwise provided, where each individual, regardless of their gender, is held accountable for their actions in...
Delhi High Court Grants 7 Weeks Time To Centre For Complying With Order Extending HRA Benefit To All Personnel Of Paramilitary Forces
The Delhi High Court has granted seven weeks time to the Union Government for complying with a division bench judgment passed in December last year extending the benefit of House Rent Allowance (HRA) to every personnel in the paramilitary forces, irrespective of the rank, as per their entitlement.Justice Jasmeet Singh passed the order in a plea seeking contempt action against the authorities...
Acid Attack Cases Most Grievous Crimes Which Send Shockwaves, Court’s Role In Deciding Accused's Bail Plea Vital: Delhi High Court
The Delhi High Court has observed that acid attack cases, “characterized by their sheer brutality and devastating consequences”, are among the most grievous crimes which send shockwaves through communities and thus, the role of a court in granting or denying bail to the accused is of vital significance.Justice Swarana Kanta Sharma noted that such attacks often result in...
No Permission Will Be Granted To Any Individual For Felling Of Trees Till Sept 14: Delhi Govt To High Court
The Delhi Government has told the Delhi High Court that no permission will be granted to any individual for felling of trees in the national capital till September 14. The government further told Justice Jasmeet Singh that any permission required for important projects will be intimated to the court.The submission was made by Delhi Government’s counsel, Advocate Dhairya Gupta, in a...
Delhi High Court Seeks Finance Ministry's Response In PayPal’s Appeal Against Being Declared ‘Payment System Operator’ Under PMLA
The Delhi High Court has sought response of the Union Government on an appeal moved PayPal challenging a single judge order holding that the payment platform is liable to be viewed as a “payment system operator” and consequently obliged to comply with reporting entity obligations under the Prevention of Money Laundering Act, 2002.A division bench comprising Chief Justice Satish Chandra...