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Bombay High Court

State Government obliged to refund value of stamps which are not used

January 19, 2023 2955 Views 0 comment Print

Bombay High Court held that State Government is under an obligation to repay the value of stamps in money in case the stamps are not used and given to Collector for cancellation.

Re-opening of assessment unjustified as complete disclosure of primary material facts already submitted

January 19, 2023 984 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 147 of the Income Tax Act is unjustified as the assessee provided complete disclosure of all the primary material facts during the scrutiny assessment.

Relaxation Act 2020- 6 Year Limitation for Reassessment notice – Approving Authority

January 19, 2023 1566 Views 0 comment Print

MA Multi-Infra Development Pvt. Ltd. Vs ACIT (Bombay High Court) On a perusal of the notice dated 31st March 2021 issued u/s.148 of the Act by the Assessing Officer shows that the same has been issued after obtaining necessary satisfaction of the Range 3(2), Mumbai. As per the objections filed by the revenue, the approval […]

Order passed will have no effect in the eyes of law, unless digital signature is put by issuing authority

January 18, 2023 10578 Views 0 comment Print

HC held that where an Order of Cancellation of Registration under GST Act was uploaded on GST Portal without signature, limitation for filing appeal cannot start until signature is affixed on such order.

Bail granted as custody was never sought by CBI during the course of investigation

January 18, 2023 3318 Views 0 comment Print

Bombay High Court held that based on the charge sheet, the custody of the applicants was never sought during the course of investigation by CBI. Accordingly, demanding custody merely because of huge involved of amount is unjustified. Hence, bail granted.

Registration of registered valuer cannot be suspended by IBBI merely because criminal proceeding is initiated

January 18, 2023 1917 Views 0 comment Print

Bombay High Court held that Insolvency and Bankruptcy Board of India (IBBI) suspending registration of registered valuer merely because criminal proceeding is initiated against the valuer is untenable in law.

Notice without signature affixed on it is invalid

January 18, 2023 15339 Views 1 comment Print

Bombay High Court held that notice without signature affixed on it, digitally or manually, is invalid and would not vest AO with any further jurisdiction to proceed to reassess the income of the petitioner.

Non-appearance of supplier cannot be reason for treating purchases as unexplained expenditure

January 17, 2023 2847 Views 0 comment Print

Bombay High Court held that purchases cannot be treated as unexplained expenditure (i.e. fictitious purchases) merely because suppliers have not appeared before AO or CIT(A).

Port Authority certificate not Mandatory to avail section 80IA(4) deduction

January 16, 2023 633 Views 0 comment Print

Assessing Officer, however, denied the benefit on the ground that the assessee had failed to furnish a certificate from the concerned Port Authority certifying that the structure was a part of the Port, which it considered mandatory in view of the Board’s notification dated 23rd June 2000 followed by Circular No.10 of 2005 dated 16th December 2005.

Transfer of PAN is consequential to Order of transfer of jurisdiction

January 15, 2023 2715 Views 0 comment Print

ITAT held that transfer of PAN is consequential to Order of transfer of jurisdiction & that it is a PAN, which follows jurisdiction & not vice versa

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