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Bombay High Court

SVLDRS application cannot be rejected merely for initiation of enquiry after 30.06.2019

March 12, 2021 1407 Views 0 comment Print

New India Civil Erectors Private Limited Vs Union of India (Bombay High Court) A careful reading of the query and the answer given thereto would make it clear that if an enquiry or investigation or audit was initiated on or before 30.06.2019 then such a person would not be eligible to make a declaration under […]

Condonation of delay allowable if appeal by speed post was within limitation period & extended period expired on public holiday

March 12, 2021 5373 Views 0 comment Print

Dispatch of the appeal by assessee on 02.12.2019 was within the extended period of limitation of one month and, therefore, without considering the prayer for condonation of delay of assessee, respondent No.1 ought not to have rejected the appeal as being time barred by taking the ground that he had no jurisdiction to condone the delay beyond the extended limitation period of one month.

Bail Granted to accused arrested for availing ineligible ITC of Rs. 9 Crore

March 11, 2021 3210 Views 0 comment Print

The Hon’ble Bombay High Court in Sunil Kumar Jha and Akshay Chhabra v. Union of India & Ors. [Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021] granted bail to the accused arrested under Section 69 of the Central Goods and Services Tax Act, […]

No Section 271(1)(c) Notice without mentioning particular limb

March 11, 2021 6771 Views 0 comment Print

Mohd. Farhan A. Shaikh Vs DCIT (Bombay High Court) Conclusion: In present facts of the case, the Larger Bench of the Hon’ble High Court was referred an issue ‘mere failure to tick mark the applicable grounds’ in the notice issued under Section 271 of the Income Tax Act, 1961 (IT Act) vitiate the entire penalty […]

Bank account of Family Members cannot be attached for Tax Dues of Assessee

March 10, 2021 5277 Views 0 comment Print

Dharmesh Gandhi Vs Assistant Commissioner (Anti-Evasion) (Bombay High Court) After hearing the matter at some length, we find that out of the nine bank accounts that have been attached by respondent No.1, only the accounts at Sr. Nos.2, 3 and 4 belong to the petitioner whereas the other accounts belong to the family members, namely, […]

Copyright registration Not Mandatory for Protection under Copyright Act

March 9, 2021 12489 Views 0 comment Print

Sanjay Soya Private Limited Vs Narayani Trading Company (Bombay High Court) Registration under the Copyright Act is optional and not compulsory. Registration is not necessary to claim a copyright. Registration under the Copyright Act merely raises a prima facie presumption in respect of the particulars entered in the Register of Copyright. The presumption is however […]

Circulars amending FTP 2015-20 provisions ultra vires FTP 2015-20

March 9, 2021 2652 Views 0 comment Print

Atlantic Shipping Private Limited. Vs Union of India (Bombay High Court) High Court Held that DGFT Policy Circular Nos. 06/2018 dated 22.05.2018 and 08/2018 dated 21.06.2018 in so far as they seek to add and amend the provisions of the FTP 2015-20 by inserting additional conditions to curtail the rights / benefits claimed by the […]

Doctor not liable to personally monitor administration of injection by a trained nurse

March 9, 2021 1125 Views 0 comment Print

Bhushan s/o Brijmohan Katta Vs State Of Maharashtra (Bombay High Court -Nagpur Bench) All that is alleged in the present case is that though the petitioner was on duty, he was not physically present in the NICU at the fateful moment. No material has been placed before us that whenever an injection has to be […]

HC directs DC to issue discharge certificate in Form SVLDRS-4 to Eureka Fabricators

March 9, 2021 828 Views 0 comment Print

Eureka Fabricators Pvt. Ltd. Vs Union of India & Ors.  (Bombay High Court  ) FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT Heard Mr. Prasannan Namboodiri, learned counsel for the petitioners and Mr. Pradeep Jetly, learned senior counsel for the respondents. 2. This order shall dispose of both the writ petitions as facts are […]

SVLDRS Scheme- Development post 30.06.2019 are relevant factor

March 8, 2021 1035 Views 0 comment Print

Morde Foods Pvt. Ltd. & another Vs Union of India & Others (Bombay High Court) The question is that if the declarant had filed an appeal before the appellate forum and such appeal was finally heard on or before 30th day of June, 2019; whether the declarant would be eligible to make a declaration under […]

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