Bombay High Court

RCM liability under service tax on freight charges

Nirmal Seeds Private Limited Vs The Commissioner of Central Excise (Bombay High Court)

It is the case of the Revenue that the appellant is reimbursing the freight amount to their consignees to the extent freight is paid by the consignee. Besides, it was also found that the appellant was also issuing credit notes for reimbursement of freight charges. Thus, the case of the Revenue is that the freight is ultimately paid by the...

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No transfer on Family settlement amongst family members in context of ‘preexisting right’

P. P. Mahatme, POA Lorna Margaret Pinto Vs ACIT (Bombay High Court)

P. P. Mahatme, POA Lorna Margaret Pinto Vs ACIT (Bombay High Court) In so far as the second substantial question of law is concerned, it is necessary to note that the Assessing Officer, Commissioner of Income-tax (Appeals) and the ITAT have concurrently held that notwithstanding the nomenclature of the settlement, or the fact that the [&h...

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Bogus purchases- Entire Purchase amount cannot be disallowed

The Principal Commissioner of Income Tax-25 Vs Pinaki D. Panani (Bombay High Court)

Pr. CIT Vs Pinaki D. Panani (Bombay High Court) Even if the purchases made from the parties in question are to be treated as bogus, it does not necessarily mean that entire amount should be disallowed and that no benefit should be given to the Respondent-Assessee. Assuming that the purchasers from whom the purchases were […]...

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No TDS on Payment to bank for Credit Card transaction processing

CIT (TDS)-1 Vs Jet Airways (India) Ltd. (Bombay High Court)

The so-called bank guarantee commission was not in the nature of commission paid to an agent but it was in the nature of bank charges for providing one of the banking services. The requirement of section 194H of the Act, therefore, would not arise....

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Mere Negligence without ill motive / mala fide intent is not Misconduct

Satyendra Singh Gurjar Vs Union of India (Bombay High Court)

In our view, these circumstance, if considered in conjunction with total absence of ill motive, mala fide intent or animus to cause wrongful gain to the importers and the petitioner, lead to a legitimate inference that the act on the part of the petitioner was the result of negligence and carelessness. It falls short of misconduct....

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In absence of failure to disclose fully & truly all material facts- reassessment notice invalid

Usha Exports Vs ACIT (Bombay High Court)

Usha Exports Vs ACIT (Bombay High Court) The first contention raised by Dr. Shivram regarding the absence of statement regarding petitioner’s failure in the reasons is correct. The reasons supplied along with the impugned notice, which are reproduced above, contain no assertion there was any failure of the petitioner to disclose ful...

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Attachment of resulting company’s bank accounts without Notice of reopening of assessment of amalgamating company to resulting company

Hinal Estates Private Limited Vs Union of India and anr. (Bombay High Court)

When resulting company had not received notice of reopening of assessment of amalgamating company, then, order of assessment that came to be passed pursuant to the notice of reopening of assessment, was not against the resulting company, thus, notice of recovery was set aside and attachment of the resulting company’s bank accounts was l...

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Section 147/ 151: Sanction granted by superior officer is not relevant

Pr. CIT Vs Khushbu Industries (Bombay High Court)

Court held that where the Act provides for sanction by the Joint Commissioner of Income Tax in terms of section 151, then the sanction by the Commissioner of Income Tax would not meet the requirement of the Act and the reopening notice will be without jurisdiction....

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Give TDS credit despite failure of deductor to upload correct details in Form 26A: SC

PCIT Vs Tata Communications Ltd. (Bombay High Court)

Bombay HC  held that in case, the deductor has failed to upheld the correct details in form 26­AS the benefit should be given  to  the  assesssee  on  the  basis  of  evidence  produced  before  the Department....

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Penalty u/s 271(1)(c) not valid in absence of proper record of satisfaction

PCIT Vs Goa Coastal Resorts and Recreation Pvt. Ltd. (Bombay High Court) at Goa

PCIT Vs Goa Coastal Resorts and Recreation Pvt. Ltd. (Bombay High Court) Notice which is issued to the assessee must indicate whether the Assessing Officer is satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. If the notice is issue...

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