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Bombay High Court

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

July 19, 2023 993 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 888 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 3525 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 1698 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 627 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 1458 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.

Unregistered Claim of Revenue Authorities for Government Dues Unsustained

July 10, 2023 1482 Views 0 comment Print

Bombay High Court held that that since revenue authorities have not registered their claim/attachment order with CERSAI, they cannot claim priority over dues of the Government.

Business profit not taxable in India in absence of Permanent Establishment

July 10, 2023 1323 Views 0 comment Print

Bombay High Court held that since the Assessee does not have a Permanent Establishment in India, income earned by it as business profit would not be taxable in India by virtue of the provisions of Article 7 of the India-Malaysia DTAA.

Bombay High Court Sets Time Limit for GST Tribunal Appeals

July 9, 2023 3564 Views 0 comment Print

Bombay High Court addressed the issue of the time limit for filing appeals to the tribunal. The court held that the appeal must be made within three months from the date of constitution of the Appellate Tribunal.

Reopening of assessment without tangible material is unsustainable

July 7, 2023 1653 Views 0 comment Print

Bombay High Court held that reopening of assessment under section 147 of the Income Tact Act unsustainable as there is no reason to believe that income has escaped assessment nor there is any tangible material.

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