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Bombay High Court

Bombay HC Directs ITAT to Re-Consider Addition made on Bogus Purchase

July 23, 2023 2292 Views 0 comment Print

The Bombay High Court has directed the Income Tax Appellate Tribunal (ITAT) to re-consider the addition made on account of bogus purchases in the case of PCIT vs. Nitin Ramdeoji Lohia. The court found that the ITAT had dismissed the Revenue’s appeals and allowed the assessee’s appeal based on incomplete investigation and failure to consider relevant documents and evidence.

Tax Residency Certificate: Sufficient Proof to establish residency – Bombay HC

July 21, 2023 1482 Views 0 comment Print

In present facts of the case, the Hon’ble High Court have upheld the Judgment of ITAT wherein it was observed that the tax residency certificate is sufficient to determine the proof of residency and the income-tax authorities cannot ignore the valid tax residency certificate issued by the Government authority of the other contracting state, that is, Singapore.

Reopening of assessment u/s 148 for mere change of opinion is unsustainable

July 21, 2023 1857 Views 0 comment Print

Bombay High Court held re-opening of assessment under section 148 of the Income Tax Act for mere change of opinion is without jurisdiction and unsustainable in law.

Bombay HC: No Addition for Penny Stock – Documentary Evidence

July 20, 2023 4509 Views 0 comment Print

Analyze the case of PCIT Vs Indravadan Jain, HUF in the Bombay High Court, where the issue of addition u/s 68 for penny stock transactions was examined. Discover how documentary evidence played a crucial role in the court’s decision.

CGST/MGST authorities cannot retain GST on export transactions: Bombay HC

July 19, 2023 870 Views 0 comment Print

The Bombay High Court rules that CGST and SGST paid on export transactions cannot be retained by State Authorities. Get the details and analysis of this critical ruling here.

Reopening untenable in absence of tangible material concluding that income has escaped assessment

July 17, 2023 834 Views 0 comment Print

Bombay High Court held that reopening of assessment, in the exercise of powers under section 147 read with section 148 of the Act, without tangible material to conclude that income had escaped assessment is untenable in law.

Assessee can claim depreciation on WDV of Assets not on revalued value

July 17, 2023 3375 Views 0 comment Print

A detailed analysis of the Bombay High Court’s judgment in the case of PCIT Vs Dharmanandan Diamonds Pvt. Ltd. regarding the legitimacy of claiming depreciation on revalued assets.

Issuance of notice & all consequential proceedings in the name of deceased assessee are null & void

July 15, 2023 1632 Views 0 comment Print

Bombay High Court held that issuance of notice and all consequential proceedings in the name of a deceased assessee are null and void. Accordingly, order passed thereon is liable to be quashed and set aside.

Bombay HC Penalizes Last-Minute Stay Application on LOCs; Rs. 50,000 Cost Imposed

July 15, 2023 582 Views 0 comment Print

A last-minute application to stay LOCs for international travel met with strong disapproval and a fine from the Bombay High Court, reinforcing the importance of timely applications to court.

Shutting down window by department before completion of extended time limit to furnish reply is unjustified

July 11, 2023 1413 Views 0 comment Print

Bombay High Court held that as per clause (xiii) of section 144B(1), reply can be filed by the assessee on the date and time as specified or within the extended time. Accordingly, shutting down the window before completion of extended time limit is unjustified. Hence, assessment order liable to be quashed.

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