Bombay High Court

ITR can be filed in paper form if e-filing not allowing set off of losses

Samir Narain Bhojwani Vs DCIT (Bombay High Court)

Since the prescribed electronic return of income did not permit assessee to make his claim to set off of his profits of this year from the carried forward losses of the previous year, therefore, assessee was directed to make a representation on the above issue to the CBDT and in the meantime, assessee without prejudice to his rights and c...

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Bombay HC extends interim orders until April 30 due to Covid 19

In re Extention of Interim Orders (Bombay High Court)

We find it appropriate to continue all interim orders which are operating till today and are not already continued by some other courts / authority including this court and the same shall remain in force till 30.04.2020, subject to liberty to parties to move for vacation of interim orders only in extreme urgent cases....

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Special audit was invalid in absence of opportunity of hearing given to assessee

PCIT Vs Vilson Particle Board Industries Ltd (Bombay High Court)

Since there was a statutory requirement that AO had to provide reasonable opportunity of hearing to the assessee before directing the assessee to get the accounts audited under section 142(2A), therefore, in the absence of pre-decisional hearing, the decision to have special audit was, therefore, invalid and consequentially all the procee...

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Time limit stipulated under Rule 117 is not ultra vires of GST Act: Bombay HC

NELCO Ltd. Vs Union of India (Bombay High Court)

Time limit stipulated under Rule 117 of the Rules is not ultra vires of the Act. This Rule is traceable to the power conferred under section 164(2) of the Act. The time limit stipulated in Rule 117 is in consonance with the transitional nature of the enactment, and it is neither arbitrary nor unreasonable....

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GST: Bank A/c of another Taxable Person cannot be provisionally attached merely for summons issued to him

Gehna Trading LLP Vs Union of India (Bombay High Court)

Power to provisionally attach bank accounts is a drastic power. Only upon contingencies provided therein that the power under section 83 can be exercised. It is therefore not possible to accept the submission of the Respondents that even though specified proceedings have been launched against one taxable person, bank account of another t...

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Tribunal is not bestowed with powers to review its order: HC

Pr. CIT Vs Godrej Investment Ltd (Bombay High Court)

Pr. CIT Vs Godrej Investment Ltd (Bombay High Court) In this case The view taken by the Tribunal in its order dated 9 July 2018 in both the Assessment Years was on the basis of the record available before it and its understanding/appreciation of the evidence on record for the two Assessment Years. This is […]...

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Revenue not entitled to attach properties of Private Trust to recover dues of trustees

Rajesh T. Shah Vs Tax Recovery Officer (Bombay High Court)

Revenue is not entitled to attach the properties belonging to a Private Trust to recover dues of the trustees, who was a director of a company which had allegedly defaulted in paying its tax dues....

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Failure to collect & pay STT- Not ipso-facto lead to imposition of penalty

Pr. CIT Vs National Stock Exchange (Bombay High Court)

Assessing Officer comes to a conclusion that the assessee had failed to collect the STT or had failed to pay such STT to the credit of the Central Government, it would not ipso-facto lead to imposition of penalty. Once such a conclusion is reached, the assessee is required to be provided reasonable opportunity of hearing and during the he...

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Misc. Application cannot be filed for review of final ITAT order: HC

Cavalier Trading Pvt Ltd Vs DCIT (Bombay High Court)

In the instant case, HC notice that not only was there no mistake apparent from the record but in the garb of the Misc. Application, petitioner had sought for review of the final order passed by the Tribunal and for re­hearing of the appeal which is not permissible in law. In our view, Writ Petition does not appear to be bonafide....

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Income from agricultural land sale taxable as business Income as Assessee was dealing in properties

Afonso Real Estate Developers Vs CITx (Bombay High Court)

Considering the wide phraseology employed, it is obvious that the business of the appellant assessee includes buying and selling even agricultural properties. Therefore, the findings recorded by the AO and the ITAT that the income derived by the Assessee on purchase and sale of the agricultural land will be assessed as income from busines...

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