Bombay High Court

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

Star Rays Vs Union of India (Bombay High Court)

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]...

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Allow manual filing of revised TRAN-1, ITC-01 & GSTR-3B: HC

Indusind Media Communications Ltd. Vs Union Of India (Bombay High Court)

Indusind Media Communications Ltd. and Anr. Vs Union Of India (Bombay High Court) In view of the above, the undisputed position before us is that the Petitioners are entitled to distribute the Input Credit available with it as on 1st July 2017 amongst its branches/locations. This distribution has not been possible on account of tech...

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Service Tax on deposit collected by builder for Repair & Maintenance

The Commissioner of Service Tax Vs. M/s. Crescendo Associates (Bombay High Court)

Commissioner of Service Tax Vs. M/s. Crescendo Associates (Bombay High Court) 1. This Appeal under Section 83 of the Finance Act, 1944 read with Section 35G of the Central Excise Act, 1944 challenges the order dated 15 September 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal (“the Tribunal”). 2. The Revenue in [...

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Mere use of any forged or counterfeit currency/bank notes is not an offence

Sanskriti Jayantilal Salia Vs. State of Maharashtra (Bombay High Court)

Sanskriti Jayantilal Salia Vs. State of Maharashtra (Bombay High Court) When mens rea is conspicuously absent, mere use of any forged or counterfeit currency notes or bank notes cannot attract the provisions of Section 489(B). The essential ingredient of the said offence being that the person, who receives the notes has reason to believe ...

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Jurisdiction to commence proceedings against director for recovery of tax dues of delinquent company

Jaison S. Panakkal Vs Pr. CIT (Bombay High Court)

Jurisdiction to commence proceedings against the director of a delinquent company for recovery of tax dues of delinquent company would require the notice to director/former directors, itself indicating what steps had been taken to recover the dues from delinquent company and failure thereof....

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Merely because AO did not raise specific queries & is silent in assessment order does not mean there is no application of mind

State Bank Of India Vs ACIT (Bombay High Court)

State Bank Of India Vs ACIT (Bombay High Court) It is submitted that in this case, the Assessing Officer while passing the regular assessment orders had overlooked and/or ignored this particular claim. It is submitted that it is not a case of change of opinion as neither the assessment order referred to allowing of this […]...

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Payment of Interest on delayed GST Refunds; HC directs to file representation to Adjudicating Authority

Apar Industries Limited Vs. UOI (Bombay High Court)

Apar Industries Limited Vs. UOI (Bombay High Court) Writ Petition was filed by the Petitioner being aggrieved by the non-payment of interest on the amount of Rs.5.52 crores of refund already granted as well as refund of balance amount along with interest. Petitioner had filed a refund of Rs.52.97 crores along with interest thereon in [&he...

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Proportionate addition of deemed dividend considering percentage of shareholding in borrowing company

Sahir Sami Khatib Vs. ITO (Bombay High Court)

Delhi ITAT has allowed the proportionate allocation of deemed dividend on the basis of the shareholding of the borrowing company. We find this Judgment to be wholly inapplicable to the facts of the present case as in the facts of this decision, both the shareholders were holding more than 10% in the lending company and more than 46% in bo...

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TP: Mere dispute on exclusion / inclusion of comparables to determine ALP not necessarily give rise to substantial questions of law

Pr. CIT Vs M/s TIBCO Software (India) Pvt Ltd (Bombay High Court)

Pr. CIT Vs M/s TIBCO Software (India) Pvt Ltd (Bombay High Court) Any inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated to the Court that the Tribunal or any other lower authority took into account irrelevant consideration or excluded relevant factors in the ALP […]...

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Foreign exchange fluctuation loss on forward contract could not be considered as a notional loss

CIT Vs The Paper Products Ltd. (Bombay High Court)

The loss due to foreign exchange fluctuation in foreign currency transactions in derivatives has to be considered on the last date of account year and it is deductible under section 37(1) and could not be considered as a notional loss....

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