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Bombay High Court

HC directs GST Department to refund Amount of Bank Grantee Encashed

September 15, 2020 3147 Views 0 comment Print

LM Wind Power Blades India Pvt. Ltd. Vs. State of Maharashtra (Bombay High Court) Learned counsel for the petitioner submits that action of respondent No. 4 in encashing the bank guarantees without waiting for expiry of the appeal period is wholly illegal and should be declared as such by this court. He submits that respondent […]

Depreciation charge must to Claim Section 80IB Deduction

September 13, 2020 801 Views 0 comment Print

whether depreciation is mandatory to be granted while determining the Appellant’s entitlement to the deduction under Section 80IB of the Act, even though the Appellant had not claimed such depreciation?

Kangana Ranaut House demolition by BMC prima facie smacks of malafide: HC

September 10, 2020 2505 Views 0 comment Print

Kangana Ranaut Vs. Municipal Corporation of Gr. Mumbai & Ors. (Bombay High Court) Section 354A of the Act (which is invoked by the MCGM by issuing the impugned Notice dated 7th September, 2020), sets out the ‘power of Commissioner to stop erection of building or work commenced or carried on unlawfully.’ From the works set […]

Prohibited goods can be provisionally released under Customs Section 110A

September 8, 2020 3897 Views 0 comment Print

The Bombay High Court has held that Section 110A of the Customs Act, 1962 does not impose any limitation that the  goods  categorized as ‘prohibited goods’ under Section 2(33) cannot be subjected to provisional release under Section 110A.

Wife is Best Guardian for her husband – Bombay HC

September 8, 2020 5877 Views 2 comments Print

On 3rd September 2020, the Bombay High Court has passed a landmark ruling placing the wife in a position as a Guardian for her comatose (in the position of coma).  The Bombay High Court thereby affirmed that a spouse could be the best Guardian for his/her spouse and thus, appointed the spouse of a comatose man as his guardian for making it easier […]

Section 80IA deduction allowed Transferred Machinery value not exceeds 20% of Total Value

September 5, 2020 2463 Views 0 comment Print

Tribunal in a detailed discussion contained in judgment, had rejected the contention of Revenue. Tribunal had taken into account the valuation of the existing machinery used at Daman and the valuation of the written down value of machinery transferred from Aurangabad to come to the conclusion that same did not exceed 20% of the total value of machinery. The entire issue was thus based on factual consideration and on appreciation of evidence on record. Thus, no question of law arose.

Holding of goods without order of seizure/ confiscation is without authority of law

September 2, 2020 4440 Views 0 comment Print

Ganesh Benzoplast Ltd. Vs Union of India (Bombay High Court) Facts- Government made standard marking of IS 252:2013 mandatory on caustic soda from 03.04.2018. Consignment containing caustic soda was imported by the petitioner vide bill of entry dated 01.11.2018. BIS licence was issued vide licence dated 30.09.2019. It was alleged that the said import was […]

Emails being to taxpayers for payment of interest are mere intimations & not orders

August 24, 2020 1638 Views 0 comment Print

This office is conscious of the procedure required to be followed by it to recover and will initiate the recovery proceeding with issuance of show cause notice, working of interest calculation and further actions as per provision of law. There is no intention of this office to directly recover interest under Section 50 of the CGST / MGST Act, 2017.

Bogus GST ITC- HC rejects bail to prevent Tampering of Evidence

August 18, 2020 2028 Views 0 comment Print

Mr. Ashok Kumar Vs Commissioner CGST & Central Excise (Bombay High Court) Taking into consideration, the facts of the case, though the officers under the CGST Act, cannot seek custody of the arrested persons for completing the investigation, respondent’s contention that applicant’s detention in custody is necessary to prevent him from causing the evidence of […]

Section 143(2) Notice in Dead Person Name is unsustainable in Law

August 15, 2020 5052 Views 0 comment Print

Sumit Balkrishna Gupta Vs ACIT (Bombay High Court) The issue under consideration is whether the issuing of a notice u/s 143(2) in the name of the wrong person is sustainable in law? High Court states that it is a fact that the petitioner had filed return for the assessment year 2016-17 in the name of […]

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