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Bombay High Court

HC denies Permission to travel abroad as Bail Cancellation Application by GST dept is pending

April 27, 2023 2127 Views 0 comment Print

Request for permission to go abroad. HC rejected request only for one reason that application filed by department for cancellation of bail is pending before Court of Sessions.

Section 138 of NI Act not applicable if Cheque issued before account attachment dishonored post attachment

April 26, 2023 2199 Views 0 comment Print

Maharaja Log Home OPC Pvt Ltd and Anr Vs State of Maharashtra and Ors (Bombay High Court) 1. The petition is directed against the order dated 7th September, 2021 passed by Judicial Magistrate First Class, Vashi, Belapur Navi Mumbai in Complaint Case No.1366/SS/2021 under Section 138 of the Negotiable Instruments Act, 1881 issuing process against […]

HC rejects writ for Correction of DOB after 22 Years in Government Service

April 23, 2023 1155 Views 0 comment Print

Bombay High Court dismisses plea for DOB correction in service records of a government servant, emphasizing strict adherence to Maharashtra Civil Service Rules.

MVAT on registration/handling/insurance charges on Motor car sold by dealers – HC Quashes 69 Assessment Orders

April 20, 2023 3084 Views 0 comment Print

Modi Car Agencies Pvt. Ltd. Vs State of Maharashtra (Bombay High Court) Bombay High Court sets aside 69 Assessment Orders under MVAT Act, 2002 levying MVAT on registration charges, handling charges, insurance charges and incentives collected from customers with a direction to Assessing Officer to reconsider the issue on the basis of the decision of […]

Bombay High Court on validity of Section 13(8)(b) & Section 8(2) of IGST Act

April 19, 2023 6567 Views 0 comment Print

Dharmendra M. Jani Vs Union of India (Bombay High Court) HC held that provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of IGST Act only and the same cannot […]

Notice issued without stating basis for assumption of jurisdiction u/s 147 and 148 is unsustainable

April 18, 2023 3618 Views 0 comment Print

Bombay High Court held that notice not setting out the material that provided the basis for assumption of jurisdiction u/s. 147 and 148 of the Income Tax Act is without jurisdiction and unsustainable in law.

MIDC cannot block transfer of property for pending Writ Petition

April 18, 2023 2286 Views 0 comment Print

Mr Chawan clarifies that the concern is not about past dues, but about any incidence of tax on what the Petitioner now proposes. But if that is so, then clause (d) is entirely unjustified. It says nothing at all about tax liabilities. It only attempts to block the Petitioner from transacting the property because of the pendency of this Writ Petition. That is surely unreasonable, because the fact that this Writ Petition is pending cannot possibly be a clog on title.

Proper Officer to decide IGST Refund – HC disposes appeal as grievance of Petitioner redressed

April 15, 2023 1074 Views 0 comment Print

This Petition is pending for more than a year on a simple issue as to who is the Proper Authority to decide the Petitioner’s case / claim. According to the reply affidavit filed by the Deputy Commissioner of Customs – Respondent no.5, it is the Respondent no.4 who is the authority.

Customs authorities not empowered to seal immovable property

April 14, 2023 1440 Views 0 comment Print

Bombay High Court held that there is no power available with the custom authorities to seal premises of any person, which are nothing but a form of immovable property.

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

April 13, 2023 1764 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.

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