Manjula D. Rita Vs PCIT (Bombay High Court) Introduction: In a significant legal decision, the Bombay High Court has ruled on the case of Manjula D. Rita vs. PCIT, addressing the issue of tax recovery from a deceased director of a company. The court’s verdict emphasized the importance of due process and evidence in such […]
Bombay High Court held that attachment of saving bank account and detention of goods in absence of duty demand without service of notice is also without jurisdiction and without any authority of law.
Bombay High Court held that even if the assessee has failed to maintain a separate account it was entitled to reverse proportionate Cenvat Credit. The option of paying an amount equal to 10% of the value of exempted goods could not have been enforced on the assessee.
Exploring Siemens Financial Services vs DCIT Bombay High Court case that clarified role of specified authority in reassessment approvals and impermissibility of changes in opinion.
Bombay High Court held that AO and the Tribunal have allowed part of the commission payment as business expenditure. However, disallowance of part of commission payment as business expenditure unjustified.
Bombay High Court held that dismissal of appeal without hearing the case on merits merely on the ground that matter is remanded back by Commissioner (A) unjustified as remand was only for limited purpose of re-quantification of customs duty.
Bombay High Court held that filing of refund application u/s. 27 of the Customs Act after more than two years of date on which excess duty payment was done is clearly beyond the period of one year as contemplated by the Customs Act and hence is barred by limitation.
Bombay High Court held that reopening of assessment u/s 147 of the Income Tax Act unsustainable as the assessee has fully and truly disclosed all the material facts.
Bombay High Court held that show cause notice should be adjudicated within a reasonable time and there should not be an egregious, unjustified and unexplained inordinate delay.
A detailed analysis of the Bombay High Court’s verdict in Mathuradas Narandas & Sons Forwarders Ltd. vs. CBDT, highlighting the significance of timely ITR filing.
