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Bombay High Court

Mistake in filing Form TRAN 1: HC allows Writ filing if GST Grievance Redressal Committee do not act on representation of taxpayer

November 9, 2018 3108 Views 0 comment Print

Euro Pratik LE vs UOI (Bombay High Court ) Case Summary The Petitioner is a wholesaler, importer and distributor of decorative sheets, which are used for furniture manufacturing. The petitioner was not registered under central laws in Pre-GST regime. As per section 140(3) of the Central Goods and Service Tax Act, 2017 (‘CGST Act’) r.w. […]

Classification of Hybrid Amplifier for MVAT: Under Accessory of Cable T.V. or general electronic item?

November 8, 2018 849 Views 0 comment Print

The Commissioner of Sales Tax Vs M/s Khush Bhakht Electronic Engineers Pvt.Ltd. (Bombay High Court) Whether on the facts and circumstances of the case and on a true and correct interpretation of schedule entries C-II-124 and C-II-126, appended to the Bombay Sales Tax Act 1959, the Tribunal was legally justified in holding the impugned product […]

Low Tax Effect Circular binds Revenue and revenue must prove applicability of conditions if any

November 5, 2018 1011 Views 0 comment Print

Pr. CIT Vs M/s Nawany Construction Co. Pvt Ltd (Bombay High Court) Section 260A Low Tax Effect Circular– Department has made an attempt to get over the binding Circulars and in any case we shall not allow the Revenue to get over them in this manner. The Circulars continue to bind the Revenue and if they contain any conditions, whether […]

No TDS on Land Acquisition from Illegal Occupants by MMRDA

November 5, 2018 2754 Views 0 comment Print

CIT (TDS) Vs M/s Mumbai Metropolitan Regional (Bombay High Court) Section 194LA of the I.T.Act, 1961 inter alia deals with payment of compensation on acquisition of certain immovable property. Section 194LA of the I.T.Act, 1961 was brought into force with effect from 1st October, 2004. Section 194L of the I.T.Act, 1961 deals with payment of […]

Maharashtra Tax on Lotteries Act, 2006 is Constitutionally valid

November 2, 2018 1503 Views 0 comment Print

Sri Mangal Murty Marketing Vs State of Maharastra (High Court Bombay) As a result, perusal of the Lotteries (Regulation) Act 1988 only regulates the lotteries and the Regulation is in form of the stipulation of terms and conditions when the Government organizes, conduct or promotes a lottery. The intention of the Parliament in introducing Section […]

Securitization of lease receivables is a taxable receipt in the year of securitisation

October 31, 2018 1050 Views 0 comment Print

Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the amount of Rs.1.69 Crores credited to the profit and loss account on account of securitization of lease rentals receivable in subsequent years is chargeable to tax in the assessment year 2002-03 ?.

Allow to amend TRAN-1 (CENVAT credit) if mistake is bonafide

October 31, 2018 4119 Views 0 comment Print

OEN India Ltd. Vs Union of India & Others (Bombay High Court) HC directs Petitioners to file representation to CBIC. This representation would be considered by the CBIC for verification and the bona fides of the claim made by the Petitioners. If satisfied, Petitioners would be allowed to amend the Trans­1 form to reflect the […]

S. 276(C)(1) During pendency of stay application criminal prosecution should not be launched

October 29, 2018 960 Views 0 comment Print

Ramchandran Ananthan Pothi Vs UOI and Ors. (Bombay High Court) In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution Section 276(C)(1) of the Income  Tax Act 1961 should not be launched and, if it has been already launched, the same shall not proceed. […]

TDS certificates U/s. Section 197 r.w. Rule 28AA can be issued only by concerned official

October 29, 2018 1557 Views 0 comment Print

TLG India Private Limited Vs JCIT (Bombay High Court) It is stated that the impugned communications / certificates, copies of which are annexed to the Writ Petition as Annexures-T and U are withdrawn. The concerned official will now issue fresh certificates in accordance with law. While we allow withdrawal of these certificates and impugned in […]

Bring Some Order & Discipline in Granting Refunds: Bombay HC directs CBDT

October 29, 2018 609 Views 0 comment Print

Needless to clarify that in the absence of a clear policy, the Courts may then impose interest on the quantum of refund generated either by virtue of Court orders or by virtue of substantive proceedings arising out of refund applications. Either-way, it is the Revenue who would have to pay interest on the delayed refund and as such rates determined by the Court.

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