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Bombay High Court

Draft Assessment Order not issued: HC Quashed final Assessment Order 

January 13, 2024 6312 Views 1 comment Print

Final Assessment Order lacked jurisdiction, as it was issued without providing the petitioner with a draft Assessment Order under Section 144B(1)(xvi).

Violation of Rule 46A: HC directs de novo consideration by CIT(A)

January 2, 2024 3003 Views 0 comment Print

Bombay High Court orders de novo assessment in Pravir Polymers vs. ITO case, citing Rule 46A violation. Get insights on S. 254(2) rectification and due process.

Liability for dishonour of cheque also on borrower/ taker receiving cash loan beyond specified limit u/s 269SS

January 1, 2024 2691 Views 0 comment Print

No person should accept any loan or deposit of a sum of Rs.20,000/- or more otherwise than by an account payee cheque or account payee bank draft. Where a person advance cash more than Rs.20,000/- to another person, restriction on cash advances was, in fact, on the taker and not on the person who made an advance.

Reference to SARFAESI Act in Agreements does not Bar Arbitration: Bombay HC

January 1, 2024 1365 Views 0 comment Print

The respondents contended that the petitioner, being a financial institution under the SARFAESI Act, should exclusively resort to the statutory remedies provided by the Act, and arbitration should not be permissible. This article explores the court’s reasoning and its impact on the dispute resolution landscape.

Bombay HC Upholds Taxpayer’s Right to Interest on Excess Equalization Levy Refund

December 28, 2023 1905 Views 0 comment Print

Bombay High Court rules in favor of taxpayers, affirming the right to interest on excess Equalization Levy refunds. Detailed analysis and implications.

Bombay HC directs customs authorities to issue detention charges waiver certificate

December 27, 2023 2808 Views 0 comment Print

Explore Bombay High Court’s landmark ruling favoring Sinochem India against the Union of India. Analysis of chemical import dispute, court observations, and implications.

MVAT: Manpower Agreement for Maintenance Services is not Sale Contract

December 25, 2023 2253 Views 0 comment Print

Bombay High Court held that an agreement for providing manpower to perform maintenance services is not a contract of sale but is a contract for service under the provisions of the Maharashtra Value Added Tax Act, 2002.

Advance ruling is binding on authorities in absence of any change in law/ facts

December 25, 2023 1908 Views 0 comment Print

Bombay High Court held that in absence of change in law/ facts, advance ruling pronounced by the authority shall be binding on the application and also on the Principal Commissioner of Customs or Commissioner of Customs and the customs authorities subordinate to him.

Custom Department’s action in selling gold during pendency of appeal is illegal

December 25, 2023 2580 Views 0 comment Print

Bombay High Court held that action of the department in selling the gold during the pendency of the appeal is illegal and unconstitutional.

Tea Production Eligible for Exemption under Notification 12/2017-Central Tax (Rate)

December 25, 2023 2355 Views 0 comment Print

Bombay High Court held that benefit of exemption under notification no. 12/2017- Central Tax (Rate) dated 28.06.2017 available to loading, unloading, packing, storage or warehousing of “agricultural produce” namely “tea”.

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