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Bombay High Court

Withholding payment due to unliquidated damages is unsustainable

July 2, 2022 1485 Views 0 comment Print

There cannot be any justification for the ONGC to withhold any amount on the premise that it has a claim of unliquidated damages against the petitioner

HC directs GSTN to open portal to file, revise or re-revise TRAN 1 return

June 30, 2022 2307 Views 0 comment Print

HC directed the respondents to open the portal to file, revise or re-revise TRAN 1 return, if it is possible or feasible.

Section 127B Customs: HC explains who can file Application To Settlement Commission 

June 30, 2022 2898 Views 0 comment Print

Halliburton Offshore Services Inc. Vs Union of India (Bombay High Court) The word ‘case”’ used in Section 127-B of the Customs Act, 1962 is defined u/s 127-A(b) to mean any proceeding under this Act or any other Act for the levy, assessment and collection of customs duty, pending before an adjudicating authority on the date […]

Arbitration agreement enforceable by/ against the heirs of deceased

June 29, 2022 3537 Views 0 comment Print

Held that agreement would not be discharged by death of the party thereto and will be enforceable by or against the heirs of the deceased. Accordingly, present arbitration application allowed.

Writ not entertained on availability of alternative efficacious remedy

June 25, 2022 1248 Views 0 comment Print

Held that this Court while exercising the writ jurisdiction under Article 226 of the Constitution of India cannot entertain or adjudicate upon such issues based on additional facts not advanced earlier. Writ petition not entertained on the ground of the petitioner has not availed of alternative efficacious remedy available under section 26 of the MVAT Act.

HC allows revision of TRAN-1 form on online portal

June 24, 2022 879 Views 0 comment Print

Bombay High Court in the case of Okay Paper Products Pvt. Ltd. Has allowed the revision of TRAN – 1 form on the online portal and directed the Government to open the form within 2 weeks.

Recipient held liable to pay GST on interest on Arbitral award under RCM

June 24, 2022 4497 Views 0 comment Print

This liability of GST (taxes) was certainly not in contemplation of the parties when they entered into the contract in the year 2001. MCGM who would be liable to pay the GST to the Government on a Reverse Charge basis and the same cannot be deducted from the dues payable to the Applicant.

AO cannot unfollow ITAT order merely because it was not acceptable to dept

June 23, 2022 1764 Views 0 comment Print

Karanja Terminal & Logistic Pvt. Ltd. Vs PCIT (Bombay High Court) The principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. The mere fact that the order of the appellate authority is not acceptable to the department and is the subject matter of an […]

TDS not deductible on amount of compensation paid under award/agreement

June 23, 2022 20832 Views 0 comment Print

Section 96 read with Section 46 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 specifically exempts payment of income tax on an amount of compensation paid under the award and/or agreement. Accordingly, TDS not deductible.

Tribunal cannot differ from its own decisions In case of same Assessee

June 21, 2022 1752 Views 0 comment Print

HC held that Tribunal cannot differ from earlier order of Tribunal in assessee’s own case and follow the order of Tribunal in another assessee.

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