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Bombay High Court

HC Quashed GST order passed without applying mind & considering records

October 25, 2022 2883 Views 0 comment Print

HC noted that this is one more case where respondents have passed such order under GST without applying its mind and without considering records.

In absence of specific provisions, interest and penalty cannot be levied on payment of surcharge, CVD and SAD

October 15, 2022 5313 Views 0 comment Print

Bombay High Court held that interest or penalty due to delayed payment of tax cannot be levied in absence of specific provisions. Therefore, no interest and penalty can be levied on the portion of payment pertaining to surcharge, CVD and SAD.

Bombay High Court grants Bail to Anil Deshmukh

October 13, 2022 1797 Views 0 comment Print

Bombay High Court in a bail application relating to money laundering matter held that the material on record does indicate that the Applicant has been suffering from multiple ailments. Further, the Applicant appears to have roots in society. The possibility of fleeing away from justice seems remote. Accordingly, bail granted

GST: 30 days notice should be granted to file reply of SCN under Section 73

October 6, 2022 7689 Views 0 comment Print

Sheetal Dilip Jain Vs State of Maharashtra & Ors. (Bombay High Court) Bombay High Court  held that minimum 30 days time should be granted to file reply in all cases of issuance of SCN under Section 73 of the Maharashtra Goods and Services Tax Act, 2017. It will equally apply to Section 73 and 74 […]

Not providing details of fake invoices & forms with SCN is a serious lapse: HC

October 4, 2022 3270 Views 0 comment Print

HC held that, GST Notice which failed to mention allegations of fake invoices against assessee is not valid and warned department to strictly give proper training to officers.

HC allows Pre-Deposit for GST Appeal through Electronic Credit Ledger

September 30, 2022 6948 Views 0 comment Print

Oasis Realty Vs Union of India (Bombay High Court) Ruling delivered recently by the Bombay High Court in case of Oasis Realty and 2 other petitioners (‘Petitioner’/Oasis’) [WRIT PETITION (ST) NO. 23507 OF 2022] Issue involved: Whether the petitioner is required to comply with the requirements of Sub-section 6 of Section 107 of the Maharashtra […]

Extended period of limitation cannot be invoked due to mere change of departmental view

September 28, 2022 4851 Views 0 comment Print

Bombay High Court held that mere change of view by the department, the respondent could not have been said to have either mis-declared or suppressed facts in classifying its goods at the time of its import and hence extended period of limitation cannot be invoked.

Reopening of assessment cannot be done against a dead Assessee

September 28, 2022 4092 Views 0 comment Print

Bombay High Court held that reopening of assessment cannot be done against a dead Assessee under the Income Tax Act, 1961.

Proposal containing arbitration clause signed by one party doesn’t amount to arbitration agreement

September 19, 2022 1230 Views 0 comment Print

Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored.

HC directs GST Department to unblock Input Tax Account

September 18, 2022 1785 Views 0 comment Print

Jai Matadi Enterprises Vs Commissioner of State Tax (Bombay High Court) In this case ITC was blocked in case of 10 suppliers, by Invoking GST Rule 86A. Bombay High Court vide interim order directed GST Department to unblock the Input Tax Credit Account. FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1.Ms.  Vyas seeks […]

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