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Bombay High Court

Extended period not involcable in absence of suppression, misrepresentation or fraud

April 13, 2023 1701 Views 0 comment Print

Bombay High Court held that extended period of limitation not invocable as there was no suppression, misrepresentation or fraud committed by the assessee.

Rejection of SVLDRS-1 application alleging wrong Commissionerate unjustified

April 13, 2023 1155 Views 0 comment Print

Bombay High court held that rejection of SVLDRS-1 application alleging wrong Commissionerate is unjustified as at the time of filing application, petitioner didn’t had option to file or change the Commissionerate.

Period of limitation extended by SC also applies to claim for GST refund

April 12, 2023 3885 Views 0 comment Print

Tejus Vertrage Infra LLP Vs Union of India & Ors  (Bombay High Court) Period of limitation which was extended under the orders passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 also apply to the claim for refund. The learned Counsel for the Petitioner states that the decision […]

PIL dismissed in absence of any absolute evidence or live link

April 12, 2023 1242 Views 0 comment Print

Bombay High Court dismissed PIL in absence of any absolute evidence or live link between the alleged malpractices in the B.M.C and private respondents.

Reassessment proceedings in violation of procedure prescribed u/s 148A(b) is liable to be quashed

April 12, 2023 4959 Views 0 comment Print

Bombay High Court held that initiation of re-assessment proceedings in violation of the procedure prescribed under section 148A(b) of the Income Tax Act i.e. without supplying requisite material is bad in law and liable to be set aside.

SVLDR Scheme covers not only tax but it also covers interest and penalty

April 10, 2023 1803 Views 0 comment Print

Bombay High Court held that SVLDR Scheme covers not only tax but also interest, penalty. Hence, declaration under SVLDR in respect of notice issued for interest duly allowable.

CIDCO can decide technical qualification of bidder based on opinion of MSETCL

April 9, 2023 1248 Views 0 comment Print

CIDCO were the best judge to consider compliance with technical and financial conditions. MSETCL was consulted by CIDCO, both on account of the fact that the project had been undertaken by CIDCO on behalf of MSETCL as well as the execution of the same under the supervision of MSETCL. Therefore, the order of CIDCO was upheld in holding BNC to be technically qualified.

GST Refund: Assesses cannot be expected to wait till eternity for GST Tribunal formation

April 5, 2023 1689 Views 0 comment Print

Petitioner approached HC against order passed by appellate authority as GST Tribunal has not been constituted till date. Revenue contended that writ petition should not be admitted in wake of alternate remedy.

SVLDRS: Investigation must be pending on 30 June 2019 to disentitle declarant under voluntary disclosure category

April 4, 2023 1194 Views 0 comment Print

Chandra Developers Private Limited Vs Union of India (Bombay High Court) Whether the commissioner could issue show cause notice when the discharge certificate has not been withdrawn by the designated committee, the enquiry was not initiated prior to 30.06.2019 (cut off date). The Hon’ble High Court of Bombay. The petitioner was a service provider. It […]

Inadequacy of enquiry doesn’t give jurisdiction to CIT to invoke provisions of section 263

April 3, 2023 2064 Views 0 comment Print

Bombay High Court held that present case is not a case of lack of enquiry, however, it can be a case of inadequate enquiry. Accordingly, inadequacy of enquiry does not give jurisdiction to the CIT to invoke provisions of Section 263 prior to the insertion of Explanation 2.

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