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Bombay High Court

HC denies Bail to MD of IL&FS Transportation in alleged Money Laundering case

October 29, 2020 1692 Views 0 comment Print

Ramchan Krunakaran Vs Directorate of Enforcement (Bombay High Court) In Nikesh Tarachand Shah Vs. Union of India,  2018(11) SCC 1, the Apex Court has reiterated the principle concerning grant of bail being the rule and refusal being exception and while dealing with Section 45 of the PMLA Act which imposes twin stringent condition for offences […]

Transitional Credit claim on Successful filing of GST TRAN-1 cannot be Rejected Merely due to No Technical Glitches on GSTN

October 29, 2020 1716 Views 0 comment Print

The issue under consideration is that despite the admitted successful filing of Form TRAN-1 by the Petitioner, the request of the Petitioner for transitioning of credit has not been approved by the ITGRC merely on the basis that there were no technical glitches on the GSTN side is justified in law?

Interest payable only on Gross GST Liability even Prior to Section 50 Amendment

October 27, 2020 3879 Views 1 comment Print

The issue under consideration is whether interest under section 50 of the Central Goods and Service Tax Act, 2017 is to be levied on the gross tax liability? HC are of the view that no live issue survives for adjudication in this case. Recovery notices issued by the respondents are hereby quashed.

Adjudication Order must be Speaking & should deal with facts: HC

October 27, 2020 7752 Views 0 comment Print

The issue under consideration is whether the order passed by the custom officer against the self assessment done by petitioner without stating any specific reason is sustainable in law?

SVLDR application rejection for sending Via email not justified: HC

October 27, 2020 1170 Views 0 comment Print

The issue under consideration is application of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR) communicated via email is justified in law?

HC admits plea challenging validity of Sections 49, 50CA, 56 & Income Tax Rules 11U, 11UA, 11UAA, 11UAC and 11UAD

October 22, 2020 1881 Views 0 comment Print

The Chamber of Tax Consultants & Another Vs Union of India & Another (Bombay High Court) Hon. Bombay High Court admits Petition filed under Article 226 of the Constitution of India, Petitioners have challenged the validity of various provisions of Sections 49, 50CA and 56 of the Income Tax Act, 1961 as well as provisions […]

HC allows export Onions with valid Shipping Bills dated prior to prohibition notification dated 14.09.2020

October 20, 2020 669 Views 0 comment Print

Basic grievance of the Petitioners are that their bills for export of onions were prior to issuance of notification dated 14th September, 2020 whereby export of onions has been prohibited; yet those are not being permitted to be exported.

Hearing on writ for Extension of due date of GSTR 9 & 9C on 27.10.2020

October 15, 2020 2244 Views 0 comment Print

Confederation of GST Professionals and Industries Vs Union of India (Bombay High Court) CGPI had filed writ petition for extension of due date of GSTR 9 and 9C before Bombay high court and Honorable High Court has fixed next hearing on  27th October, 2020. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard learned Sr. […]

Section 68 Bogus Cash Credits: Revenue can examine source of source

October 14, 2020 2481 Views 0 comment Print

Merely pointing out to a source and the source admitting that it has made the payments is not, sufficient to discharge the burden placed on the assessees by Section 68 of the said Act. If this were so, then, it would be sufficient for assessees, to simply persuade some credit- less person or entity to own up having made such huge payments and thereby evade payment of property tax on the specious plea that the Revenue, can always recover the tax from such credit- less source, if possible.

Assessment Order u/s 143(3) Passed in Clear Breach of Mandatory Section 144C is Void ab Initio

October 9, 2020 6678 Views 0 comment Print

The issue under consideration is whether the assessment order u/s 143(3) made by the AO in clear breach of the mandatory provisions of Section 144C is merely erroneous or is void ab initio?

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