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Bombay High Court

HC Quashes order rejecting SVLDRS-1 declaration which was passed in violation of Natural Justice

January 24, 2022 1107 Views 0 comment Print

Hindustan Petroleum Corporation Ltd. Vs Union of India (Bombay High Court) The Respondents filed Central Excise Writ Petition No. 60 of 2018 against the Petitioner and was pending before this Court. On 27/12/2019, the Petitioner opted for settling the said SVLDR scheme by filing necessary SVLDRS-1 declaration. The said application however was rejected on the […]

If AO accepts objections of assessee and does not assess or reassess the income which was the basis of notice than he cannot made additions on other issues

January 20, 2022 2820 Views 0 comment Print

Yashoda Shivappa Nagangoudar Vs ITO (Bombay High Court) Mr. Walve submitted that as per explanation 3 to Section 147 of the Act, the Assessing Officer may assess or re-assess the income in respect of any issue which has escaped assessment even if such issue comes to his notice subsequently in the course of proceedings under […]

Reopening of Assessment not permissible to take another view on same material

January 18, 2022 6528 Views 0 comment Print

Vodafone Idea Ltd. Vs ACIT (Bombay High Court) The entire basis for proposing to reopen, as can be seen from the reasons, is on the documents and submissions which were available before the Assessing Officer, before passing of the original assessment order. In fact, in the reasons, it is also recorded that the same issue […]

Bogus purchase additions confirmed by CIT(A) & ITAT: HC upheld Section 276C prosecution

January 17, 2022 2733 Views 1 comment Print

Nayan Jayantilal Balu Vs Union of India (Bombay High Court) Perusal of the complaint launched against Petitioner also disclose allegations that Petitioner failed to substantiate the claim of purchases amounting to Rs. 2,74,03,016/- and the assessing officer held the purchases to be bogus and made an addition of Rs. 34,25,377/­(12.5% of the bogus purchases). On Appeal […]

Section 194D TDS not deductible If Sum Paid Directly to Services Providers

January 17, 2022 2010 Views 0 comment Print

Commissioner of Income Tax Vs SBI Life Insurance Company Ltd. (Bombay High Court) Therefore the obligation to deduct is on the person who is paying and the deduction to be made at the time of making such payment. Factually and admittedly no amount has been paid to the agents by respondent as a reimbursement of […]

HC se-aside corruption charges for 6 years delay in filing charges sheet

January 15, 2022 10314 Views 0 comment Print

Bhupendra Pal Singh Vs Union of India (Bombay High Court) that there being no valid and acceptable explanation for the delay of almost 6 (six) years in issuance of the charge-sheet coupled with the fact that the petitioner attained the age of superannuation on November 30, 2011, it would be just and proper and in […]

HC cancels summon under GST as Petitioner was co-operating

January 15, 2022 11625 Views 0 comment Print

HC set aside the summons issued by the Revenue Department without any details of the inquiry, wherein the assessee was co-operating in furnishing the documents as requisitioned and to provide further details. Held that, summons is a last resort and are not to be issued in a casual manner.

TP: Passing of final order without giving a Draft Assessment Order is bad in law

January 14, 2022 4323 Views 0 comment Print

Assessing Officer has assumed jurisdiction to straight away pass the final order without following the mandatory procedure prescribed under Section 144C of the Act. It is held in SHL (India) Private Limited (supra) that this is not a mere irregularity but an incurable irregularity.

HC quashes order rejecting Form SVLDRS-1 proving opportunity hearing

January 14, 2022 654 Views 0 comment Print

Sunil Jay Prakash Singh Vs Union of India (Bombay High Court) A perusal of the Order passed by the Respondent No.5 indicates that the applications were rejected without affording any opportunity of being heard. The question, as to, whether the tax liabilities are already quantified or not as on 30th June 2019 itself is a […]

Nobody has a fundamental right to a public holiday – Bombay HC

January 13, 2022 2271 Views 0 comment Print

Kishnabhai Nathubhai Ghutia Vs Administrator Union Territory (Bombay High Court) Whether or not to declare a particular day as a public holiday or an optional holiday or no holiday at all is as a matter of government policy. There is no legally enforceable right that can be said to have been infringed. Nobody has a […]

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