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Bombay High Court

PCIT or CIT cannot revise any order in respect of which an appeal lies or time to file appeal is not expired

April 8, 2021 2664 Views 0 comment Print

Aafreen Fatima Fazal Abbas Sayed Vs ACIT (Bombay High Court) 15. This is a case where, in the Petitioner’s return for the Assessment Year A.Y 2018 – 19, the figure of long term capital gains of Rs. 3,07,60,800/- on surrender of tenancy rights in respect of earlier A.Y 2017-18 had inadvertently been copied by petitioner’s […]

CESTAT cannot allege fraud on haphazard and hurried basis

April 6, 2021 885 Views 0 comment Print

Essel Propack Limited Vs Union of India and others (Bombay High Court) When the appeal of the petitioner was heard by the CESTAT, learned counsel for the petitioner furnished sample invoice copies to justify labour charges incurred. It was at that stage that the authorized representative of the department raised objection that such invoices could […]

Bombay HC quashes unlawful illegal Income Tax refund adjustment

April 6, 2021 2733 Views 0 comment Print

Tata Communications Ltd. Vs Union of India (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT Bombay high court on unlawful illegal  refund adjustment  u/s 245 by tax authorities held that Interim relief granted by Bombay HC vide order dated 26th March, 2020 also applies to Income Tax Refund and refund cannot be […]

GST: HC allows operation of Bank account over and above the amount of revenue

April 6, 2021 1389 Views 0 comment Print

Bytedance (India) Technology Pvt. Ltd. Vs Union of India (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1. The petitioner is before the court aggrieved by two communications both dated 18th March, 2021 issued by the Principal Director General of Goods and Service Tax Intelligence, Mumbai (“DGGI”) provisionally attaching petitioner’s bank […]

GST: Only Commissioner can carry out provisional attachment

March 31, 2021 2565 Views 0 comment Print

Under section 83 of the MGST Act, it is the Commissioner which has the competence to carry out provisional attachment of property including bank account subject to fulfillment of the preconditions of section 83.

PMLA cases are totally independent of base offences: HC

March 28, 2021 7005 Views 0 comment Print

Babulal Verma Vs Enforcement Directorate (Bombay High Court) For initiation/registration of a crime under the PMLA, the only necessity is registration of a Predicate/Scheduled Offence as prescribed in various Paragraphs of the Schedule appended to the Act and nothing more than it. In other words, for initiating or setting the criminal law in motion under […]

I-T Refund cannot be adjusted by more than 20% of Demand: HC

March 25, 2021 13671 Views 0 comment Print

Vrinda Sharad Bal Vs ITO (Bombay High Court) The Bombay high court recently held that income tax (I-T) officers cannot adjust the refunds due to taxpayers against outstanding demands in excess of the limits laid down in instructions, circulars and guidelines issued by the Central Board of Direct Taxes (CBDT). he I-T returns for the […]

Violation of principles of natural justice in case goods confiscated without providing an opportunity to importer to call the grounds for valuation

March 25, 2021 1380 Views 0 comment Print

SYSKA LED Lights Pvt. Ltd. Vs Union of India (Bombay High Court) Conclusion: Since the respective authority had confiscated the imported goods without providing an opportunity to importer to call upon the proper officer to disclose the grounds for valuation , therefore, the impugned order in original was clearly unsustainable in law being in violation […]

HC Court set aside Statement in SVLDRS-3 issued without affording opportunity of hearing

March 18, 2021 1020 Views 0 comment Print

Chinar Shipping & Infrastructure (India) Pvt. Ltd. Vs Union of India (Bombay High Court) It could not be out of place to refer to a decision of Karnataka High Court in the case of Kiran Borewells Vs. Union of India wherein the impugned order was set aside finding that decision had been taken without providing […]

ITAT treated same transaction in case of Co-Owners differently: HC remits back for reconsideration

March 17, 2021 1170 Views 0 comment Print

Bombay High Court ruling on joint land purchase, capital gains. Amjad Ahmedbhai Sheikh Vs ACIT case details. Read the full judgment.

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